ARTICLE
Dear Members: In 2019, the implementation of HB2102 brought with it a wave of optimism, as we anticipated transformative changes within our industry. This legislation was envisioned as a step towards rectifying common malpractices, specifically targeting the issue of deductible waivers. While there have been notable improvements, the journey towards a fully compliant and ethical marketplace continues. We understand the frustration that many of you feel. Despite the clear regulations, there remains a concerning number of contractors who continue to waive deductibles without facing the appropriate legal consequences. This lack of enforcement by the Attorney General and the Texas Department of Insurance (TDI) undermines the spirit of HB2102, and it is a concern we all share. As a committed group, bound by our Code of Ethics, each RCAT Member and Licensed Contractor Program participant stands firm on the principle of upholding the law. This commitment includes ensuring that property owners fulfill their responsibilities by paying their deductibles. We adhere to these standards not just to comply with the law but because it is integral to conducting our business transparently and ensuring that property owners receive the highest quality of service and results. To ensure that our actions reflect the collective voice and experiences of our members, we are once again doubling down on our consumer awareness efforts. We will continue working to educate consumers on the reasons they should use RCAT when selecting a contractor, how to ensure they are getting a quality roof, and the current law regarding payment of their deductible. Together, we can strive towards a marketplace that not only fosters fairness and integrity but also protects the interests of both contractors and property owners alike. As a reminder, RCAT has resources including education, important information/links, and consumer awareness flyers for your use in our member only portal. If you need help accessing the portal, contact our office. Thank you for your continued dedication to excellence and ethics in our industry! Let us move forward united, with a resolve to bring about the changes we wish to see. The RCAT Board of Directors https://statutes.capitol.texas.gov/Docs/BC/htm/BC.27.htm#27.02 Your contract should contain the following language: A contract to provide a good or service that is reasonably expected to be paid wholly or partly from the proceeds of a claim under a property insurance policy and that has a contract price of $1,000 or more must contain the following notice in at least 12-point boldfaced type: "Texas law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy. It is a violation of Texas law for a seller of goods or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim to knowingly allow the insured person to fail to pay, or assist the insured person's failure to pay, the applicable insurance deductible."
Dear Members: In 2019, the implementation of HB2102 brought with it a wave of optimism, as we anticipated transformative changes within our industry. This legislation was envisioned as a step towards rectifying common malpractices, specifically targeting the issue of deductible waivers. While there have been notable improvements, the journey towards a fully compliant and ethical marketplace continues. We understand the frustration that many of you feel. Despite the clear regulations, there remains a concerning number of contractors who continue to waive deductibles without facing the appropriate legal consequences. This lack of enforcement by the Attorney General and the Texas Department of Insurance (TDI) undermines the spirit of HB2102, and it is a concern we all share. As a committed group, bound by our Code of Ethics, each RCAT Member and Licensed Contractor Program participant stands firm on the principle of upholding the law. This commitment includes ensuring that property owners fulfill their responsibilities by paying their deductibles. We adhere to these standards not just to comply with the law but because it is integral to conducting our business transparently and ensuring that property owners receive the highest quality of service and results. To ensure that our actions reflect the collective voice and experiences of our members, we are once again doubling down on our consumer awareness efforts. We will continue working to educate consumers on the reasons they should use RCAT when selecting a contractor, how to ensure they are getting a quality roof, and the current law regarding payment of their deductible. Together, we can strive towards a marketplace that not only fosters fairness and integrity but also protects the interests of both contractors and property owners alike.
As a reminder, RCAT has resources including education, important information/links, and consumer awareness flyers for your use in our member only portal. If you need help accessing the portal, contact our office. Thank you for your continued dedication to excellence and ethics in our industry! Let us move forward united, with a resolve to bring about the changes we wish to see. The RCAT Board of Directors
https://statutes.capitol.texas.gov/Docs/BC/htm/BC.27.htm#27.02
Your contract should contain the following language:
A contract to provide a good or service that is reasonably expected to be paid wholly or partly from the proceeds of a claim under a property insurance policy and that has a contract price of $1,000 or more must contain the following notice in at least 12-point boldfaced type: "Texas law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy. It is a violation of Texas law for a seller of goods or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim to knowingly allow the insured person to fail to pay, or assist the insured person's failure to pay, the applicable insurance deductible."