If you live in the DFW hail belt, you have probably had a guy at your door after a storm offering to "take care of your deductible." It's a pitch that has been illegal in Texas since September 1, 2019. The pitch did not stop — but the law did get teeth.
The statute is House Bill 2102, signed by Governor Abbott and codified into the Texas Insurance Code. This post explains what the law says, why "free roof" pitches are a problem for the homeowner, and what HB 2102 compliant work looks like on a real claim. None of this is legal advice — for that, talk to your insurance carrier or a Texas attorney.
What HB 2102 actually says
Two things, plainly:
- A Texas homeowner must pay the full deductible on a property insurance claim. Not a discounted deductible. Not "we'll work it out." The full amount.
- A roofing contractor cannot waive, rebate, or absorb that deductible — directly or indirectly. No "free upgrades" priced into the claim. No matching the deductible with a rebate check. No padded estimates designed to cover it.
The contractor signing the contract on an insurance-claim job has to affirmatively state — under penalty — that they have not paid and will not pay the deductible. They are required to keep records (a cleared check, a card receipt) that prove the homeowner paid it, and provide those records to the carrier on request.
The intent of the law: stop the deductible from being absorbed by either side. The homeowner has skin in the game on every claim (no free roofs); the contractor is paid for the actual scope, not for marketing math.
Why the "free roof" pitch is dangerous for the homeowner
The pitch sounds like a favor. It is not. Here is what actually happens when a roofer absorbs your deductible:
- You sign a contract that misrepresents the claim. The insurance company is reimbursing a scope that the homeowner allegedly paid. If the homeowner did not actually pay the deductible, the claim is fraudulent — and the homeowner is on it.
- Your claim can be denied or rescinded. Carriers can and do investigate. If they find a deductible was absorbed, the claim can be reversed and the homeowner can be billed back.
- Your insurance history gets a flag. Fraud-flagged claims show up on the Comprehensive Loss Underwriting Exchange (CLUE) report. Future premium quotes get worse — and some carriers won't quote you at all.
- You don't get a real roof. The deductible the contractor absorbed has to come from somewhere. It comes out of the build budget — thinner underlayment, off-brand starter strip, missing ice-and-water shield in the valleys.
What HB 2102 compliant work looks like
Most of the law is invisible if you are doing claim work the right way. Here is what compliance looks like in practice at Frame Restoration:
- Written, line-item scope — your contract specifies materials, labor, and price tied to the carrier's approved scope. No padding, no phantom line items.
- Deductible paid by you, recorded — typically a check or card payment that we document. We do not rebate it back. We do not credit it on the invoice.
- Pricing decoupled from the payout — our price is the scope's price. If the carrier underpays the claim, that is a coverage issue between you and your insurance company. We document; you decide whether to pursue a supplement.
- Affirmative statement in the contract — Texas requires it. We include it.
- Records kept — cleared deductible payment, dated photos, the carrier's scope, our written scope. Anything the carrier asks for, we can produce.
Other red flags adjacent to HB 2102
Deductible fraud rarely travels alone. If you see the pitch, you typically also see:
- "Free inspection" with high-pressure same-day signing — a real inspection is free; the pressure isn't.
- "We'll handle your claim for you" — a roofer cannot act on your insurance claim in Texas. Texas law reserves the licensed adjusting of a claim for licensed professionals. A roofer who claims they can advocate the claim for you is also the kind of roofer who will offer to absorb the deductible. They are connected behaviors.
- Out-of-state plates, no Texas address — storm chasers come into DFW after every major hail event. They do not stick around for the warranty.
- Demand for full payment up front — Texas roofers can collect a reasonable progress payment but cannot demand full payment before work begins on an insurance claim job.
What to do if a roofer offers to cover your deductible
- Don't sign anything.
- Take notes — company name, salesperson name, vehicle plate, what was said.
- Report to the Texas Department of Insurance fraud unit. They prosecute.
- Call a Frisco-based, HB 2102 compliant roofer. 214-308-9227 if you want one of ours.
The bottom line
HB 2102 is a homeowner-protection law, not a contractor-protection law. The "free roof" pitch is illegal because it transfers risk from the contractor to the homeowner — the contractor gets paid; the homeowner gets a fraudulent claim record. The law is six years old now and well-enforced. Anyone still pitching around it is telling you something important about how they do business.
For a deeper read on how Texas law shapes the whole claim process — including the §4102.163 boundary that separates documentation from licensed claims work — see our Texas Insurance Claim Roofing service page. For the ACV vs RCV angle on older roofs, see our guide to ACV vs RCV on Texas roofs.