Texas Roofing Deductible Law: What HB 2102 Means for You

It’s a question we hear all the time in Texas roofing: “Do I really have to pay my insurance deductible after a roof claim?” The short answer is yes—and it’s required by law. Under Texas House Bill 2102 (enacted in 2019), homeowners must pay any deductible applicable to a first-party property insurance claim. Texas Legislature Online

Why You Cannot Waive Your Deductible

“Waiving” or “eating” the deductible usually means the contractor inflates their invoice or issues you a rebate to cover that out-of-pocket amount. While tempting, this practice is strictly prohibited. HB 2102 states anyone who:

1. Pays, waives, absorbs, or declines to collect a customer’s deductible;

2. Provides a rebate, credit, or other offset of that deductible; or

3. Assists the insured in avoiding payment of the required deductible
   …commits a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine. Texas Legislature OnlineProperty Insurance Coverage Law Blog

What Contractors Must Disclose

Any contract over $1,000 for work paid wholly or partly from insurance proceeds must include this exact notice in 12-point boldface type:

“Texas law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy. It is a violation of Texas law for a person or business paid wholly or partly from proceeds of a property insurance claim to knowingly allow the policyholder to fail to pay, or assist the policyholder’s failure to pay, the applicable insurance deductible.” Texas Legislature Online

Risks of Working with a “Deductible Eater”

• Insurance hold-back: Carriers can refuse to release your final depreciation check until they see proof you paid the deductible. Texas Legislature Online

• Fraud liability: Submitting or allowing false invoices is insurance fraud—your policy can be voided, and you might face legal exposure. Lane Law Firm

• Poor workmanship: Fly-by-night roofers who promise “free roofs” often cut corners on materials and installation, leaving you vulnerable to leaks and premature failure. Lane Law Firm

How Insurers Verify Deductible Payment

Insurance companies may request “reasonable proof” of deductible payment before paying replacement-cost hold-back, such as:

• A canceled check or bank statement

• Credit card receipt

• A signed payment-plan contract requiring full payment over time Texas Legislature Online

What to Do If a Contractor Offers to Waive Your Deductible

1. Walk away immediately—this is a red flag for fraud.

2. Report it to your insurer and the Texas Attorney General’s Consumer Protection Hotline at 800-621-0508.

3. Choose a reputable roofer who follows the law, explains the deductible process, and helps you submit accurate claims paperwork.

Work with US Prime Roofing—The Legal, Honest Way

At US Prime Roofing, we adhere to HB 2102 by:

• Including the required statutory notice in every contract

• Explaining deductible payment options upfront

• Coordinating directly with your insurance carrier for smooth claims processing

Paying your deductible isn’t optional—it’s the law. Don’t risk your coverage or your roof. Contact us at 817-941-2280 or send a message to schedule a free consultation and learn how to navigate your roof claim with confidence.