After Hurricane Beryl hit the Houston area in July 2024, a lot of our neighbors filed roof claims. Most of us knew we’d owe a deductible. Fewer of us knew that how you pay your Texas roof deductible can affect when the rest of your claim money shows up.
Here’s what we learned while working through our own claim.
Texas Says You Pay Your Deductible
In 2019, Texas passed House Bill 2102. It took effect on September 1, 2019. The law says that if you file a property insurance claim, you have to pay your own deductible.
It also covers sellers. A roofer who expects to be paid from your claim can’t offer to cover your deductible for you without your insurer’s consent. Breaking that rule is a Class B misdemeanor.
The law even told the Texas Department of Insurance to build an education program about deductibles. That tells you how common the confusion was.
The Rule That Surprised Us: Proof of Payment
Many homeowners policies with replacement cost coverage pay in two steps. The first check comes early. Part of the money, often called recoverable depreciation, is held back until the work is done.
One catch: OPIC, the state’s consumer insurance office, notes that some policies pay roofs at actual cash value even when the rest of the home has replacement cost coverage. If yours does, there may be no second payment for the roof. Check your policy before you count on it.
HB 2102 added a rule about that second payment. An insurer may hold back that money until you show reasonable proof that you paid your deductible.
The law lists what counts as proof:
- A canceled check
- A money order receipt
- A credit card statement
- A signed installment or financing contract that requires full payment of the deductible over time
Paying in cash with no paper trail can make this step harder. We paid by check and kept a copy, just in case.
If you want the bigger picture, this explainer from a local roofer covers how the law works and what it means when you file. It’s a good read before you sign anything after a storm.
Look for the Bold Notice in Your Contract
The law also changed roofing contracts. A contract of $1,000 or more that’s expected to be paid from a claim must include a notice. It has to be in at least 12-point bold type. The notice says Texas law requires you to pay your deductible.
When our contract arrived, we looked for that notice first. It was there. If yours is missing, ask why before you sign.
And if a roofer offers to cover your deductible, TDI says to report it to the Texas Attorney General’s consumer protection division.
Simple Steps That Helped Us
- Find your deductible on your policy’s declarations page before you file.
- Pay it in a way that leaves a record.
- Save a copy of the check, receipt, or statement with your claim file.
- Ask your insurer which proof of payment they’ll accept.
- Read your contract for the bold deductible notice.
You can read Chapter 707 of the Texas Insurance Code on the state’s statutes site. It’s short, and the proof of payment rule is Section 707.004.
This isn’t legal advice. For questions about your own claim, talk to a Texas attorney or the Texas Department of Insurance.