When storms roll through Texas, hail and wind damage to roofs is a common and costly reality. For homeowners, one of the most important parts of recovery is understanding how insurance claims work—and what the law requires. In 2019, Texas passed House Bill 2102 (HB 2102), often referred to as the Texas Roof Deductible Law, which directly impacts how roof insurance claims are handled.
At Wortham Brothers Roofing, we’ve guided countless homeowners through the storm damage and claims process. This article provides a clear, authoritative explanation of Texas HB 2102, why it was enacted, and what it means for you as a Texas homeowner.
Why Texas Passed HB 2102
In 2019, Texas Governor Greg Abbott signed House Bill 2102 into law, effective September 1, 2019.” Before HB 2102, it was common for roofing contractors to advertise “free roofs” by promising to cover or waive a homeowner’s insurance deductible. While this seemed like a financial break for families facing storm damage, it opened the door to fraud.
Some contractors inflated invoices to insurance companies, charging more than the actual repair cost to offset the deductible. Others used subpar materials or cut corners to absorb the deductible cost. These practices drove up insurance premiums for everyone in Texas.
Lawmakers recognized that homeowners were often unknowingly participating in insurance fraud by accepting waived deductibles. HB 2102 was introduced to restore fairness, eliminate fraudulent practices, and ensure deductibles are paid as required by policy contracts.
What Is HB 2102?
HB 2102 makes it illegal for contractors to waive or absorb an insurance deductible for property claims. Instead, homeowners must pay the deductible stated in their policy when filing a roof claim.
Key Features of HB 2102:
Deductibles Must Be Paid
Homeowners are responsible for paying their deductible out of pocket. Insurance covers only the remaining balance of the repair or replacement. For more on roof insurance costs, see the guide on how much your roof may cost.
Proof of Payment Required
Insurance companies can request written proof (such as canceled checks, bank statements, or receipts) showing the deductible was paid to the contractor.
Contracts Must Be Transparent
Roofing contracts must include specific language stating that the homeowner is responsible for paying the deductible in compliance with Texas law.
Penalties for Violations
Contractors who waive deductibles and homeowners who knowingly participate may face Class B misdemeanor charges, punishable by up to 180 days in jail and/or a $2,000 fine.
Average Roof Deductibles in Texas
Deductibles vary depending on your homeowner’s insurance policy. In Texas, policies often include wind and hail deductibles, which are usually set as a percentage of your home’s insured value.
For a $250,000 home with a 1% deductible, the homeowner pays $2,500.
For a $250,000 home with a 2% deductible, the homeowner pays $5,000.
This means Texas homeowners can expect roof deductibles in the range of $1,500 to $5,000, depending on policy terms. Knowing your deductible amount before a storm hits is critical for planning ahead.
How HB 2102 Changed Roofing Practices
For contractors, HB 2102 shifted the way business is conducted. Reputable companies embraced the change, focusing on transparency and education, while less reputable “storm chasers” disappeared or rebranded.
Positive Impacts of the Law:
More Trustworthy Bids: Contractors can no longer lure customers with illegal promises of waived deductibles.
Higher Quality Work: Roofers are less likely to cut corners to make up for absorbed deductibles.
Fewer Fraudulent Claims: Insurers now require proof of deductible payment, discouraging inflated invoices.
At Wortham Brothers Roofing, we ensure every contract complies with HB 2102 and provide homeowners with documentation to satisfy insurance requirements. This not only keeps you compliant with the law but also ensures your insurance claim is processed smoothly.
Real-World Example: Deductible Fraud Before HB 2102
Imagine a homeowner with a $3,000 deductible after hail damage. A contractor promises to “cover” the deductible and invoices the insurance company $15,000 for a roof that actually costs $12,000. The insurer pays the full $15,000, and the contractor pockets the difference.
On paper, the homeowner pays nothing out of pocket, but in reality, this inflates claim costs, raises premiums statewide, and constitutes insurance fraud. Under HB 2102, both the contractor and homeowner could face legal penalties for participating in this arrangement.
What HB 2102 Means for Your DFW Roof Insurance Claim
When a hailstorm rolls through Plano, McKinney, or Garland, the phone calls start fast — and so do the door-knockers offering “free roofs.” Texas HB 2102, which took effect September 1, 2019, makes those offers illegal. Under Texas Insurance Code §707.002, you are required to pay your full insurance deductible before your insurer releases replacement cost holdback funds. Under Texas Insurance Code Chapter 707, any roofing contract over $1,000 must include bold-print disclosure that the homeowner is required to pay their deductible
Here’s what that looks like in dollars: on a $300,000 DFW home with a 2% wind/hail deductible, you owe $6,000 out of pocket before your insurer pays a cent of depreciation holdback. Your roofing contractor is legally required to collect it — and to include specific bold-print disclosure language in every contract over $1,000.
At Wortham Brothers Roofing, we’ve guided DFW homeowners through this process since 1986. We never waive, absorb, or offset deductibles — not because we can’t, but because Texas law prohibits it and our 40-year reputation depends on doing things right.
Penalties for Violating HB 2102 — and How to Protect Yourself
The penalties under HB 2102 are serious for both parties. A roofing contractor who waives, rebates, credits, or absorbs your deductible faces a Class B misdemeanor — up to 180 days in jail and a $2,000 fine. But here’s what most homeowners miss: you can face the same charges if you knowingly accept the arrangement. Your insurer can also deny the entire claim.
Red flags to watch for from storm-chasing contractors in DFW:
- “We’ll cover your deductible” or “You’ll pay nothing out of pocket”
- No bold-print deductible disclosure on the contract
- Pressure to sign before your adjuster inspects the damage
- No TX Roofing License number on paperwork
Wortham Brothers Roofing (TX Roofing License ROOF9129582) includes full HB 2102 disclosure on every contract. Our Account Managers walk you through every line before you sign. Call us at 817-766-3464 — Mon–Sat, 6AM–8PM.
FAQs About Texas Roof Deductible Law
Can my roofer give me a discount instead of waiving the deductible?
No. Any attempt to avoid paying the deductible—whether through discounts, rebates, or inflated invoices—is a violation of HB 2102.
How do I prove I paid my deductible?
Proof may include canceled checks, credit card statements, bank statements, or a receipt from your roofing contractor. Keep these records until your claim is closed.
What happens if I don’t pay my deductible?
Your insurance company may deny your claim, withhold payment, or pursue legal action. Homeowners who knowingly avoid paying are also at risk of criminal charges.
Does HB 2102 apply only to roofs?
No. The law applies to all property insurance claims in Texas, including siding, windows, and other storm damage. However, roof claims are the most common. For guidance on general roof damage, see signs of a roof leak here: signs of a roof leak.
What if my deductible is too high to afford?
Speak with your insurance agent about your options. Some policies allow for different deductible percentages. Planning ahead helps avoid surprises after a storm.
Do contractors have to mention HB 2102 in their contracts?
Yes. Roofing contracts in Texas must include written language that explains the homeowner’s legal obligation to pay their deductible.
Why HB 2102 Protects Homeowners
Although some homeowners were frustrated by having to pay deductibles in full, HB 2102 offers significant benefits:
Protects homeowners from unknowingly committing fraud
Promotes fair competition among roofing contractors
Reduces inflated claims that drive up statewide insurance premiums
Encourages better quality workmanship since contractors are not forced to cut costs to offset waived deductibles
Ultimately, the law levels the playing field and ensures honesty between homeowners, contractors, and insurance companies.
How Wortham Brothers Roofing Supports Homeowners
At Wortham Brothers Roofing, we understand that navigating insurance claims and deductibles can feel overwhelming—especially after storm damage. Our role is to make the process easier by:
Explaining HB 2102 clearly so you know your responsibilities.
Providing accurate, detailed estimates for your insurance adjuster. For roof replacement estimates, learn more about our roof replacement services.
Supplying proper receipts and documentation for proof of deductible payment.
Ensuring every contract includes compliant language.
With decades of experience serving Texas homeowners, our team is dedicated to honesty, quality, and compliance with state law.
Understanding HB 2102 is essential for Texas homeowners filing storm damage insurance claims. The law requires you to pay your deductible in full, but it also protects you from fraudulent practices and inflated premiums. By choosing a roofing contractor who complies with the law, you safeguard not only your home but also your financial future.
At Wortham Brothers Roofing, we’re here to guide you through every step of the roofing and insurance process with clarity and professionalism. If your roof has been damaged by hail or wind, trust our team to deliver expert inspections, compliant contracts, and high-quality repairs that meet Texas standards.
For assistance, visit our Contact Us page.
