Texas Roofing Insurance Laws Property Owners Need to Know
Work With the Best Roofing Contractors in Central Texas
Quality is at the heart of our Austin roofing company in every project we take on. Contact our experienced Central Texas roofers for a same-day, pressure-free inspection. Call 512-375-3654 to book your free inspection.
If you need a new roof installed, LOA is the roofing company to call! Our roofing experts are known for providing quality workmanship at a fair price. If you own a house or business in Central Texas you can't afford to work with another roofer.
Find out how much roof replacement will cost in Austin, Texas and the surrounding areas.
Texas Roofing Insurance Laws Property Owners Need to Know
Since many people in the state get hit with hail and high winds that require storm restoration, the LOA team has put together a comprehensive guide on Texas roofing insurance laws that every property owner should know before filing an insurance claim and hiring a roof contractor. The guide covers:
- Your rights and responsibilities as a policyholder
- Types of insurance policies
- Policyholder protections
- Contractor restrictions
- Deductible required for coverage
- Claim handling
- Common pitfalls
The guidance you'll find here is based on information from the Texas Department of Insurance (TDI) and Texas Insurance Code statutes.
Texas Roofing Insurance Law Overview: Key Takeaways From the Guide
- Know your policy type (RCV vs ACV) and how deductibles apply. In high-risk areas a separate policy from the TWIA may be required.
- You are legally required to pay your insurance deductible. A roofing company or contractor can't do it for you.
- Roofers cannot act as insurance adjusters or negotiate claims on your behalf.
- You should document all damage and give it to your insurer when filing an insurance claim.
- Be cautious of unrealistic offers and roofing services like waived deductibles — they may indicate illegal practices.
Types of Insurance Coverage For Texas Policies
Replacement Cost vs. Actual Cash Value
- Replacement Cost Value (RCV): Pays the cost to repair or replace your roof with similar materials at current prices without deduction for depreciation. However, coverage is subject to deductibles and policy limits.
- Actual Cash Value (ACV): Pays the depreciated value of the roof only. Because of this older roofs often get lower payouts under ACV.
Policies can sometimes shift a roof from RCV to ACV over time, but Texas law requires that insurers disclose any changes.
Texas Windstorm Insurance Association (TWIA)
Properties in high-risk coastal areas may need windstorm and hail coverage through the TWIA or a separate policy. TWIA policies can include replacement cost coverage if requirements are met. For example, the insurance equals at least 80% of the replacement cost.
Deductibles — What Texas Insurance Laws Require
One of the most important roofing insurance laws in Texas is House Bill 2102 (HB 2102), often referred to as the Texas Roofing Deductible Law.
What the HB 2102 Law Says
- If you file a first-party property insurance claim for roof damage, you must pay the applicable insurance deductible out of your own funds. A roof contractor cannot pay, waive, absorb, credit or rebate the deductible on your behalf.
- Roofing contracts for $1,000 or more that involve an insurance claim must include a notice in writing that you're responsible for paying your deductible.
- Insurance companies can request proof of deductible payment (like bank statements or receipts) before releasing insurance money.
Why This Roofing Law Matters
The law is in place to protect property owners and insurance companies. It was enacted to crack down on widespread fraud schemes in which contractors promised "free roofs" by pretending to cover required insurance deductibles. Without this law, some contractors inflated costs, used low-quality materials, or misled insurance carriers about how insurance proceeds were used, ultimately driving up costs for everyone.
Penalties If the Deductible is Illegally Waived or Absorbed
- Violating this law is a Class B misdemeanor in Texas.
- Penalties can include fines up to $2,000 and/or jail time up to 180 days.
- Homeowners who knowingly participate could face legal issues, including claim denial or fraud charges.
Common Deductible Types
- Standard deductible: A flat amount (e.g., $1,000)
- Wind/hail deductible: Typically a percentage of dwelling value (1–3% is common)
Texas Roofing Contractor Restrictions
Roofing Contractors Can't Act as Adjusters
A roofing contractor may not negotiate, handle or adjust your insurance claim on your behalf, nor represent you during claim settlement negotiations. Only you, a licensed public adjuster or an attorney can do that.
When a contractor improperly handles your claim, it can be considered unlicensed activity or fraud, potentially jeopardizing your claim or exposing you to penalties. These rules exist because contractors who both repair the roof and handle the claim have conflicting interests and may mislead insurers.
Improper Conduct That's Prohibited Under Texas Roofing Laws
Examples of practices that are prohibited for roofing contractors include: providing deductible waivers; offering to file or negotiate your claim; roofers negotiating insurance settlements for you; advertising that they can get you "every dime owed"; claiming they represent you in deal-making with insurers; contractors presenting themselves as adjusters.
If you encounter a roofing company that does any of these things, you can report them to the Texas Attorney General or TDI Fraud Unit on TDI's site.
Policy Limitations and Aging Roofs
Many insurance providers tie roof coverage to age and condition. Older roofs may only be covered at ACV or might not be insurable if they're too deteriorated. This is why insurance premiums and deductibles tend to rise with the roof's age. The weather in Texas can be another limiting factor. Some property owners face high risk for hail and wind damage, which affects underwriting and may lead to higher deductibles or specific exclusions in some policies.
Filing a Roofing Insurance Claim
Timely Filing
Texas policies usually require you to report damages promptly. Delays can hurt your claim. There's no set state deadline to file a lawsuit for denied claims, however claims should generally be made soon after a loss.
Documentation You'll Need For the Roof Insurance Claims Process
Homeowners should document damage thoroughly before any roof repairs are made. Your documentation should include: photographs; inspection reports; written estimates; policy declaration page; deductible details. While this documentation isn't necessarily required, it can help substantiate your claim so getting coverage isn't complicated or delayed. Even if you provide all the information above, your insurance company may still send an adjuster to inspect. You can also have an independent inspection done, which LOA offers for free.
Choosing a Roofing Contractor and Avoiding Scams
Texas does not require statewide roofing contractor licensing, so homeowners must do their due diligence to find a reputable roofing contractor. You should: verify the contractor has general liability insurance before hiring them; check references and past projects; avoid door-to-door solicitations after storms; ensure contracts are in writing with detailed scope of work and payment terms.
Beware "Free Roof" and Deductible Loopholes
Any suggestion from a roofer that they can handle the deductible, finance it "under the table" or otherwise bypass your obligation is a red flag and illegal under Texas law. Hiring reputable contractors who have good reputations in the Texas roofing industry helps prevent disputes about coverage, payments and legal compliance.
Best Practices For Texas Property Owners
- Review your property insurance policy annually – understand roof coverage, deductible type, and limits.
- Document roof condition and storm damage thoroughly before filing.
- Pay your deductible when required and keep proof.
- Avoid roofers who promise free roofs or deductible waivers.
- Keep detailed invoices and records for claims and inspections.
- Consider a licensed public adjuster if you want help with claim negotiation.
If you need roof replacement or hail damage repair after rough weather, give LOA a call. We're a highly reputable roofing company that works across Central Texas helping property owners restore their structure.