When a hailstorm or hurricane hits a Texas neighborhood, the first person on the roof who actually knows how to rebuild it is usually a contractor, not an insurance adjuster. The insurer's estimate is written by an adjuster working from pricing software. The contractor is the one who has to tear off the old roof, replace the rotted decking, meet the city's building code, and do it for a price that suppliers and crews will accept. That real-world knowledge is valuable to a homeowner trying to get a claim paid correctly.

Texas law does not shut contractors out of the claims process. It does draw firm lines around what they can do. My view is simple: a contractor who stays inside those lines helps policyholders, and a contractor who crosses them puts both the homeowner and the business at risk. This article explains where the lines are.

Why contractor input matters in a Texas claim

Before I practiced law, I previously held licenses in Florida as a contractor, roofer, and public adjuster. I saw the same pattern repeatedly: the insurer's estimate and the actual cost to rebuild were often far apart, and the person who could explain the difference was the contractor. A good contractor adds value in at least three ways:

• Scope. A contractor knows what a proper repair actually requires, including tear-off, underlayment, flashing, drip edge, decking, and matching materials. Items like these are often missing from a first estimate.
• Code requirements. Local building codes can require work that the damaged structure never had. Whether the policy pays for those upgrades depends on its ordinance-or-law coverage, but someone has to identify the requirement first. That is usually the contractor.
• Pricing evidence. Supplier quotes, subcontractor bids, and invoices from comparable jobs show what the work really costs in that market at that time. That evidence is often more persuasive than a software price list.

This matters even more if a claim ends up in a lawsuit. Before filing most property claim suits, Texas law requires the policyholder to give written notice at least 61 days in advance, stating "the specific amount alleged to be owed by the insurer on the claim." Tex. Ins. Code § 542A.003(a)-(b). The attorney's fees a court can award are then tied to how the judgment compares with that demand. If the judgment is less than 20 percent of the amount demanded, the court may not award attorney's fees at all. Tex. Ins. Code § 542A.007(a)(3), (c). A demand built on a careful, well-supported contractor estimate is far safer than a number pulled from the air.

The legal line: public adjusting is a licensed activity

Texas regulates public insurance adjusters under Chapter 4102 of the Insurance Code. A "public insurance adjuster" includes a person who, for compensation, "acts on behalf of an insured in negotiating for or effecting the settlement of a claim" for property damage, or who advertises or holds himself out as an adjuster of those claims. Tex. Ins. Code § 4102.001(3). No one may act as a public adjuster, or claim to be one, without a license. Tex. Ins. Code § 4102.051(a). Licensed Texas attorneys are exempt, and so are property and casualty agents acting for an insured on a policy the agent issued. § 4102.051(b).

Contractors face an additional rule. Under Tex. Ins. Code § 4102.163(a), a contractor "may not act as a public adjuster or advertise to adjust claims for any property for which the contractor is providing or may provide contracting services." The rule applies whether or not the contractor holds a public adjuster license, and whether or not the homeowner has given the contractor a power of attorney or other authorization. In other words, a contractor cannot solve the problem by getting licensed or by having the homeowner sign a document. On any job the contractor is doing or may do, the contractor cannot be the adjuster.

The Texas Supreme Court upheld this framework against a constitutional challenge in Texas Department of Insurance v. Stonewater Roofing, Ltd. Co., 696 S.W.3d 646 (Tex. 2024). The Court held that the licensing requirement and the contractor restriction regulate conduct, meaning the role a person takes on in a business transaction, not speech. The Court also made clear that the statute does not stop contractors from talking with their customers or insurers about repairs connected to a pending claim or from sharing their knowledge about repairs. That point matters. The law limits the contractor's role. It does not silence the contractor.

What happens when a contractor crosses the line

The consequences are serious:

• The contract can be voided. A contract for services regulated by Chapter 4102 with a person violating § 4102.051 "may be voided at the option of the insured." If the insured voids it, the insured is not liable for past or future services by that person. Tex. Ins. Code § 4102.207.
• Criminal and administrative exposure. Violating Chapter 4102 is a Class B misdemeanor, and the violator is also subject to sanctions under Insurance Code §§ 541.108-.110. Tex. Ins. Code § 4102.206.

The Houston Fourteenth Court of Appeals showed how this plays out in Wolfe's Carpet, Tile & Remodeling, LLC v. Bourelle, No. 14-22-00579-CV (Tex. App.—Houston [14th Dist.] July 27, 2023). The contractor's agreement authorized it to "negotiate to said Insurance Company . . . on [the homeowners'] behalf a quick and fair settlement." The court held that this language fell squarely within what § 4102.051 prohibits. The homeowners voided the contract under § 4102.207, and the court affirmed a judgment that defeated the contractor's claims for breach of contract, quantum meruit, and unjust enrichment. The trial court also removed the contractor's lien on the property. One sentence in a form contract cost the contractor the job's payment.

What a Texas contractor can do

Within those limits, a contractor still has plenty of room to help. Based on the statute, Stonewater, and guidance from the Texas Department of Insurance (TDI), a contractor can:

• Inspect and document the damage. This includes photographs, measurements, test squares, and notes on the materials and how the building was put together.
• Prepare a detailed repair estimate with line items, quantities, and pricing.
• Discuss the estimate with the homeowner and the insurer. TDI's published FAQ on unlicensed adjusting says a roofer or contractor may discuss the scope of work in its repair estimate, and supplements and clarifications to a revised estimate, with the consumer or the consumer's insurance company. TDI FAQ on Unlicensed Individuals and Entities Adjusting Claims (2014).
• Explain code requirements and construction methods, and back them up with the code section, the manufacturer's installation instructions, or the local permit requirement.
• Provide pricing support such as supplier quotes, subcontractor bids, and invoices.
• Testify. If a claim goes to litigation, a contractor can testify as a fact witness about what the contractor saw, did, and charged. A contractor with the right qualifications can also be retained to give opinions on construction and repair costs. Either way, the contractor is providing evidence, not negotiating the claim.

What a Texas contractor cannot do

• Negotiate the settlement for the homeowner, or tell the insurer that the contractor represents the homeowner or speaks for the homeowner on coverage. TDI lists that conduct as prohibited. TDI, Roofing and insurance: Know the law.
• Advocate on coverage. TDI's FAQ says a contractor may not advocate for a consumer and discuss policy coverages and exclusions.
• Advertise claim handling. TDI gives examples of prohibited advertising, including offering to negotiate settlements or file a claim for the policyholder and promising to recover "every dime you are owed."
• Take a power of attorney or other authorization to handle the claim. Section 4102.163 applies regardless of that authorization.
• Waive, absorb, or rebate the deductible. The homeowner must pay any deductible that applies to a first-party property claim. Tex. Ins. Code § 707.002. An insurer with replacement cost coverage may withhold recoverable depreciation until it receives reasonable proof that the deductible was paid. § 707.004. The prohibition on contractors comes from the Business and Commerce Code. It is a Class B misdemeanor for a seller of goods or services to advertise, promise, or actually pay, waive, absorb, rebate, or credit the insured's deductible, or otherwise help the insured avoid paying it, without the insurer's consent. Tex. Bus. & Com. Code § 27.02(c)-(d). Contracts of $1,000 or more that are expected to be paid from property insurance proceeds must include a statutory deductible notice in at least 12-point bold type. § 27.02(b).

A word about contingency agreements

Many restoration contractors use agreements that make the job contingent on the insurer's approval. Our article on contingency contracts covers those agreements in detail. For this discussion, the key point is that the wording matters. Language that uses the insurer's approved estimate to set the price is a construction pricing term. Language that has the contractor pursue, negotiate, or settle the claim for the homeowner is public adjusting. Wolfe's Carpet shows what happens when a contract contains the second kind of language.

How homeowners can use contractor input the right way

1. Keep control of the claim. Submit the contractor's estimate and photos yourself, or through a licensed public adjuster or attorney. Let the contractor answer technical questions about the estimate.
2. Ask for the contractor's documentation in writing. A detailed estimate with photos, code references, and pricing support is far more useful than a single total.
3. Pay your deductible. A contractor who offers to "take care of" your deductible is offering to break the law, and that should make you question everything else the contractor tells you.
4. Get a licensed advocate when the dispute is about coverage or money. A public adjuster cannot also do the repairs. Tex. Ins. Code § 4102.158(a). Keeping the advocate separate from the builder is how Texas protects the homeowner.
5. Watch the deadlines. The 61-day pre-suit notice and the limitation periods in your policy and the Insurance Code do not stop running while a contractor and an adjuster trade estimates.

Where Texas law and my view line up, and where they differ

I believe policyholders are better off when the people who actually build things are part of the conversation about what a repair costs. Texas law largely agrees. It lets contractors estimate, explain, document, and testify. Where Texas differs from a view that would give contractors a bigger role is the dual-capacity rule. After Stonewater, a contractor in Texas cannot be both the builder and the advocate on the same property, even with a public adjuster license. I would not expect that rule to change soon, so the practical answer is to work within it. Contractors who understand the lines can still add real value to a claim.

Key takeaways

• Contractors bring scope, code, and pricing knowledge that often closes the gap between an insurer's estimate and the actual cost to rebuild.
• A contractor may not act as a public adjuster, or advertise to adjust claims, on any property where it is or may be doing the work, even with a license or a power of attorney (Tex. Ins. Code § 4102.163).
• Contractors may inspect, document, estimate, discuss their estimates and supplements with the homeowner and insurer, and testify.
• A contract that has the contractor negotiate the claim can be voided by the homeowner, and the contractor can lose its right to be paid (Tex. Ins. Code § 4102.207).
• Waiving or rebating a deductible is a crime in Texas (Tex. Bus. & Com. Code § 27.02), and the homeowner must pay it (Tex. Ins. Code § 707.002).

If you have questions about a Texas property insurance claim, contact The Claim Attorney for a free case review. Attorneys interested in co-counsel on Texas property insurance matters are also welcome to reach out.

Related reading

• Are Insurance Contingency Roofing Contracts Legal in Texas?
• Texas Public Adjuster Licensing: Low Barrier, High Stakes
• Better Claim Documentation Means Faster Texas Settlements

Adapted for Texas law in September 2026 from an article Michael Bowman originally published on LinkedIn.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws change, and results depend on the facts of each case and the language of each policy. Michael P. Bowman is licensed to practice law in Texas and Alabama only. Responsible attorney: Michael P. Bowman, Law Office of Michael P. Bowman PLLC, Austin, Texas.

A note before you read: What follows is a fictional closing argument in an imaginary criminal case. “No Indemnity For You Insurance Company” is a made-up name. It does not refer to any real insurer, and nothing here describes a real case, a real prosecution, or a finding against any company or person. This is not a statement of how any court has ruled. I wrote it as a thought experiment to show how the party-liability rules in Chapter 7 of the Texas Penal Code might be argued alongside the public adjuster licensing law in Chapter 4102 of the Texas Insurance Code.

The real statutes quoted in the argument are summarized accurately below, with links in the Sources list. The facts, the parties, and the proceeding are invented.

The Fictional Proceeding: Closing Argument for the State

May it please the Court. Counsel. Ladies and gentlemen of the jury,

Nobody is above the law. That includes the defendant.

This case is not complicated. It is not abstract. It is statutory.

The underlying offense is unlicensed public adjusting: acting on behalf of an insured in negotiating a property insurance claim, for compensation, without a license, in violation of Texas Insurance Code Chapter 4102. Chapter 4102 defines a public insurance adjuster to include a person who, for compensation, “acts on behalf of an insured in negotiating for or effecting the settlement of a claim” under a property insurance policy. It says a person may not act as a public insurance adjuster in Texas without a license, and it makes a violation of the chapter a Class B misdemeanor.

You have heard the definition. You have seen the conduct. The only real question left is responsibility.

And Texas law answers that question in Chapter 7 of the Penal Code.

The Defendant Cannot Claim It Was a Bystander

Penal Code § 7.01 abolishes the traditional distinctions between principals and accomplices.

It says plainly:

“A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both.”

There are no sidelines in criminal participation. There is no “I was just there.” There is no “I didn’t start it.”

If you aid it with the intent to help it happen, you own it.

Section 7.02(a)(2) Makes This Even Clearer

A person is criminally responsible for another’s conduct if, acting with intent to promote or assist the commission of the offense, he:

• solicits,
• encourages,
• directs,
• aids, or
• attempts to aid

the other person to commit the offense.

Now apply that to the conduct you heard about.

Negotiation requires a proposal. A counterproposal. A response. A revision.

It requires participation.

If a contractor sends a proposal and no one responds, the negotiation dies. If an adjuster responds, counters, revises, and continues the exchange, the negotiation lives.

The adjuster’s participation is not passive. It is the oxygen that allows the offense to breathe.

Without the adjuster’s counter, there is no negotiation. Without negotiation, there is no violation.

The State’s position is that when an adjuster knows the other side is unlicensed and responds, counters, and keeps the exchange going for the purpose of reaching a settlement through that person, the adjuster is doing what § 7.02(a)(2) describes: aiding and encouraging the very act the statute prohibits, with the intent that it be carried out. That intent is an element the State must prove. Knowledge alone is not enough.

The Defense Will Say, “We Couldn’t Commit the Offense Ourselves”

You may hear the argument:

“Chapter 4102 targets unlicensed public adjusters. We’re not public adjusters. We can’t commit that offense ourselves.”

Texas anticipated that defense.

Penal Code § 7.03 says that, in a prosecution where the actor’s responsibility is based on the conduct of another, it is no defense:

“that the actor belongs to a class of persons that by definition of the offense is legally incapable of committing the offense in an individual capacity.”

Read that again.

Even if the statute is aimed at one class of actor, another person who is a party to the offense under Chapter 7 can still be held criminally responsible.

You cannot stand behind statutory drafting and claim immunity while intentionally facilitating the prohibited conduct.

The Legislature closed that door.

The Defense Will Say the Company Is Not Responsible for Its Adjuster

Now consider the corporate structure.

Penal Code § 7.22(a) provides that when conduct constituting an offense is performed by an agent acting on behalf of a corporation or other business entity and within the scope of the agent’s office or employment, the entity is criminally responsible for certain categories of offenses. For an offense defined outside the Penal Code, like this one, that means an offense where a legislative purpose to impose criminal responsibility on business entities plainly appears, or a strict-liability offense where a legislative purpose not to impose that responsibility does not plainly appear.

The State must show the offense fits one of those categories. If it does, look at the evidence.

The adjuster was acting within the scope of employment.

The responses were sent in the company’s name.

The counterproposals were issued under corporate authority.

The negotiation, the reciprocal exchange, was conducted as corporate business.

In that situation, the company answers for its agent’s conduct. There is no insulation in delegation.

Here Is the Logic

The defense wants you to believe this offense was unilateral.

It was not.

The statute prohibits unlicensed negotiation on behalf of an insured.

Negotiation cannot occur alone.

If it occurred, it occurred because both sides engaged.

And if one side engaged with the intent to promote or assist that unlicensed negotiation, Chapter 7 assigns responsibility.

This is not about expanding the law. This is about applying it as written.

When you participate in conduct that completes an offense, with the intent to promote or assist it, you are a party to that offense.

When your agent does so within the scope of employment, and the offense is one the law allows to be charged against a business entity, the company answers for it.

Ladies and gentlemen, Texas law does not allow someone to intentionally help complete a prohibited act and then step back and say, “That wasn’t mine.”

If the unlawful negotiation occurred, it occurred through reciprocal participation. And reciprocal participation intended to aid the offense is responsibility under Chapter 7.

The statutes are clear. Apply them.

Thank you.

Stepping Out of the Courtroom

Again, this was a fictional argument. Whether a prosecutor would ever bring a case like this, and whether a court would accept the theory, are open questions. Party liability under § 7.02(a)(2) requires proof of intent to promote or assist the offense, and corporate liability under § 7.22 is limited to the categories the statute lists. Those are real hurdles.

The practical point for contractors is real, though. Texas requires a license to act on behalf of an insured in negotiating a property insurance claim for compensation, and the licensing statute carries criminal penalties. If you are a contractor, talk scope and pricing for your own work, but be careful about stepping into the role of negotiating the policyholder’s claim.

Key takeaways

• This article is a fictional, illustrative closing argument. The insurer named in it is made up, and no real company or case is described.
• Texas Insurance Code Chapter 4102 requires a license to act as a public insurance adjuster, and a violation of the chapter is a Class B misdemeanor.
• Under Penal Code § 7.02(a)(2), a person can be criminally responsible for another’s offense if, with intent to promote or assist it, the person solicits, encourages, directs, aids, or attempts to aid it.
• Penal Code § 7.03 says it is no defense that the actor belongs to a class of persons legally incapable of committing the offense individually.
• Penal Code § 7.22 makes business entities criminally responsible for their agents’ conduct only for the categories of offenses the statute lists.
• Contractors should avoid negotiating a policyholder’s insurance claim unless they hold the required license.

Sources

• Texas Insurance Code § 4102.001 (definitions)
• Texas Insurance Code § 4102.051 (license required)
• Texas Insurance Code § 4102.206 (criminal penalty)
• Texas Penal Code § 7.01
• Texas Penal Code § 7.02
• Texas Penal Code § 7.03
• Texas Penal Code § 7.22

If you are a contractor or public adjuster with questions about where the licensing lines fall on a Texas property insurance claim, or a policyholder with questions about your claim, contact The Claim Attorney for a free case review. Attorneys interested in co-counsel on Texas property insurance matters are welcome to reach out as well.

Related reading

• Texas Public Adjuster Licensing: Low Barrier, High Stakes
• What Contractors Can and Cannot Do in a Texas Insurance Claim
• Are Insurance Contingency Roofing Contracts Legal in Texas?

Originally published on LinkedIn on February 17, 2026. Reviewed and updated September 2026.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws change, and results depend on the facts of each case and the language of each policy. Michael P. Bowman is licensed to practice law in Texas and Alabama only. Responsible attorney: Michael P. Bowman, Law Office of Michael P. Bowman PLLC, Austin, Texas.