Sec. 4102.002. GENERAL EXEMPTIONS. This chapter does not apply to:
(1) an officer or employee of the federal or state government or of a political subdivision of the state government while the officer or employee is engaged in the performance of official duties;
(2) an attorney engaged in the performance of the attorney's professional duties;
(3) insurers admitted to do business in the state and agents licensed by this state, engaged in the performance of their duties in connection with insurance transactions;
(4) the legal owner of personal property that has been sold under a conditional sales agreement or a mortgagee under the terms of a chattel mortgage;
(5) a salaried office employee who performs exclusively clerical or administrative duties attendant to the disposition of the business regulated by this chapter;
(6) a photographer, estimator, appraiser, engineer, or arbitrator employed by a public insurance adjuster exclusively for the purpose of furnishing technical assistance to the licensed public insurance adjuster;
(7) a private investigator licensed under Chapter 1702, Occupations Code, while acting within the scope of that license; or
(8) a full-time salaried employee of a property owner or a property management company retained by a property owner who:
(A) does not hold the employee out as:
(i) a public insurance adjuster; or
(ii) a building, roofing, or other restoration contractor;
(B) has not been hired to handle a specific claim resulting from a fire or casualty loss; and
(C) acts at the sole discretion of the property owner or management company regarding a claim related to the owner's property.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
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