This chapter does not apply to:

1. (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. (2) an attorney engaged in the performance of the attorney's professional duties;
3. (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. (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. (5) a salaried office employee who performs exclusively clerical or administrative duties attendant to the disposition of the business regulated by this chapter;
6. (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. (7) a private investigator licensed under Chapter 1702, Occupations Code, while acting within the scope of that license; or

8. (8) a full-time salaried employee of a property owner or a property management company retained by a property owner who:

   1. (A) does not hold the employee out as:

      1. (i) a public insurance adjuster; or
      2. (ii) a building, roofing, or other restoration contractor;
   2. (B) has not been hired to handle a specific claim resulting from a fire or casualty loss; and
   3. (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.