What Texas requires
- A contractor may not act as a public adjuster (negotiating for or effecting the settlement of an insured's property claim) or advertise to adjust claims for any property it is providing or may provide contracting services for, even if it holds a public adjuster license or a power of attorney from the insuredTexas Insurance Code 4102.163 (a) · Texas Insurance Code 4102.001 (3)
- The insured pays any deductible on a property insurance claim. A seller of goods or services paid from claim proceeds commits a Class B misdemeanor by advertising or promising to pay, waive, absorb or rebate the deductible, or by doing so, or otherwise helping the insured avoid paying it, without the insurer's consentTexas Insurance Code 707.002 · Texas Business and Commerce Code 27.02 (c), (d)
- A contract of 1,000 dollars or more for goods or services reasonably expected to be paid wholly or partly from a property insurance claim contains the statutory deductible notice in at least 12-point boldfaced typeTexas Business and Commerce Code 27.02 (b)
- An insurer whose policy has replacement cost coverage may hold back recoverable depreciation or a replacement cost holdback until it receives reasonable proof that the policyholder paid the deductible, such as a canceled check, money order receipt, credit card statement or a signed financing contractTexas Insurance Code 707.004
- On the coast, a structure repaired or altered since 1988 must comply with the Texas Windstorm Insurance Association's plan of operation to be insurable there, and a certificate of compliance from TDI is the evidence. Anyone seeking that coverage gives TDI written notice on its form before starting the work. TDI says properties in 14 coastal counties and in parts of Harris County east of Highway 146 are in this area, that most roof replacements need an inspection and certificate, and that roof repairs under 100 square feet that don't involve decking do notTexas Insurance Code 2210.251 (a), (g); 2210.2515 (b) · TDI: What you need to know about windstorm inspections
- A windstorm inspection is done only by a qualified inspector approved and appointed or employed by TDI. For work in progress, the qualified inspector inspects and affirms code compliance (certificate WPI-8); for finished work, a Texas licensed professional engineer submits a sealed post-construction evaluation report (WPI-8-E)Texas Insurance Code 2210.254 (b), (c); 2210.2515 (c), (d) · TDI: What you need to know about windstorm inspections
Describe the damage, not the claim
A roofer or other contractor may not act as a public adjuster for a property it is repairing or may repair: it cannot negotiate or settle the owner's claim, or advertise that it adjusts claims, even holding an adjuster license or a power of attorney. A Texas roof report from a contractor documents what is on the roof and what likely caused it, and leaves coverage and the settlement to the owner and the insurer.
The deductible
The owner pays the deductible. Offering to cover, waive or rebate it, or helping the owner avoid it, without the insurer's consent is a criminal offense for the seller, so it has no place in the report or the estimate. Contracts of 1,000 dollars or more paid from claim money carry the state's deductible notice in 12-point bold, and an insurer with replacement cost coverage can hold back depreciation until it sees proof the deductible was paid.
Coastal windstorm inspections
In the Texas Windstorm Insurance Association's area (14 coastal counties and parts of Harris County east of Highway 146, per TDI), repairs and replacements must meet the adopted building code for the property to stay insurable there. The owner or contractor notifies TDI before the work starts. A TDI-appointed engineer or TDI inspector inspects work in progress for a WPI-8 certificate; finished work needs a licensed engineer's sealed evaluation for a WPI-8-E. TDI lists small roof repairs under 100 square feet that don't involve decking among the projects that need no inspection.
Common mistakes
- A contractor's report that argues the claim or says what the policy covers.
- Any offer to absorb or rebate the deductible.
- A storm repair contract over 1,000 dollars without the bold deductible notice.
- Starting a coastal reroof before notifying TDI.
- Assuming a finished coastal roof can still get a WPI-8 instead of an engineer's evaluation.
Sources
- Texas Insurance Code 4102.163 (a), checked October 13, 2026
- Texas Insurance Code 4102.001 (3), checked October 13, 2026
- Texas Insurance Code 707.002, checked October 13, 2026
- Texas Business and Commerce Code 27.02 (c), (d), checked October 13, 2026
- Texas Business and Commerce Code 27.02 (b), checked October 13, 2026
- Texas Insurance Code 707.004, checked October 13, 2026
- Texas Insurance Code 2210.251 (a), (g); 2210.2515 (b), checked October 13, 2026
- TDI: What you need to know about windstorm inspections, checked October 13, 2026
- Texas Insurance Code 2210.254 (b), (c); 2210.2515 (c), (d), checked October 13, 2026
Last reviewed October 13, 2026. Next review due January 13, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.