Public adjusters in Texas: fees, contracts and deadlines
On this page
Yes. Texas licenses public insurance adjusters through the Texas Department of Insurance, and your insurance policy cannot forbid you from hiring one.
A Texas public adjuster can charge an hourly fee, a flat fee or a percentage, but the total can never be more than 10% of the insurance settlement. No percentage fee is allowed when the insurer pays or commits to pay policy limits within 72 hours after the loss is reported.
10%
most a public adjuster can charge on a standard claim
3 calendar days
to cancel a public adjuster contract
15 days
for the insurer to acknowledge your claim
15 business days
for the insurer to accept or deny
5 business days
for the insurer to pay
Each number is explained, with its source, in the sections below.
Can I hire a public adjuster in Texas?
Yes. Texas licenses public insurance adjusters through the Texas Department of Insurance, and your insurance policy cannot forbid you from hiring one.
Anyone acting as a public insurance adjuster in Texas must hold a license from the Texas Department of Insurance. Applicants must pass an exam, show financial responsibility (a surety bond of at least $10,000) and complete 24 hours of continuing education each license period. Attorneys, and insurance agents helping on a policy they sold, do not need the license.
Tex. Ins. Code § 4102.051(a) (show the source wording)
The source says
“A person may not act as a public insurance adjuster in this state or hold himself or herself out to be a public insurance adjuster in this state unless the person holds a license issued by the commissioner”Read it at the source (opens in a new tab)
Tex. Ins. Code § 4102.057(a) (show the source wording)
The source says
“each applicant for a license as a public insurance adjuster must, before the issuance of the license, take and pass an examination to the satisfaction of the commissioner”Read it at the source (opens in a new tab)
Tex. Ins. Code § 4102.105(a) (show the source wording)
The source says
“As a continuing condition of licensure, a public insurance adjuster must file proof of financial responsibility with respect to transactions with insureds under this chapter in an amount determined by the commissioner by rule.”Read it at the source (opens in a new tab)
28 Tex. Admin. Code § 19.705 (show the source wording)
The source says
“must maintain proof of financial responsibility by obtaining a surety bond in the principal sum of not less than $10,000”Read it at the source (opens in a new tab) · statute mirror; the official site could not be opened
Tex. Ins. Code § 4102.109(a) (show the source wording)
The source says
“Each license holder must complete at least 24 hours of continuing education during the license period.”Read it at the source (opens in a new tab)
Tex. Ins. Code § 4102.051(b) (show the source wording)
The source says
“a person licensed as a general property and casualty agent or personal lines property and casualty agent under Chapter 4051 while acting for an insured concerning a loss under a policy issued by that agent”Read it at the source (opens in a new tab)
- Regulator
- Texas Department of Insurance
- Check a licence
- Official licence lookup
- File a complaint
- Consumer complaint form
- Consumer line
- 800-252-3439
What can a public adjuster charge in Texas?
A Texas public adjuster can charge an hourly fee, a flat fee or a percentage, but the total can never be more than 10% of the insurance settlement. No percentage fee is allowed when the insurer pays or commits to pay policy limits within 72 hours after the loss is reported.
Chapter 4102 has no separate cap for catastrophe or disaster claims. The same 10% cap applies to every claim.
- The adjuster's total fee cannot be more than 10% of the insurance settlement on the claim.
Tex. Ins. Code § 4102.104(a) (show the source wording)
The source says“The total commission received may not exceed 10 percent of the amount of the insurance settlement on the claim.”
Read it at the source (opens in a new tab) - The fee can be hourly, a flat rate, a percentage of what the insurer pays, or another method. The 10% cap applies to all of them.
Tex. Ins. Code § 4102.104(a) (show the source wording)
The source says“consisting of an hourly fee, a flat rate, a percentage of the total amount paid by an insurer to resolve a claim, or another method of compensation”
Read it at the source (opens in a new tab) - The 10% cap includes the adjuster's expenses and other costs, not just the commission.
28 Tex. Admin. Code § 19.708(b)(11) (show the source wording)
The source says“the total commission payable to the public insurance adjuster, including expenses, direct costs, or any other costs accrued by the public insurance adjuster, must not exceed 10% of the amount of the insurance settlement”
Read it at the source (opens in a new tab) · statute mirror; the official site could not be opened - No percentage fee is allowed if, within 72 hours after the loss is reported, the insurer pays or commits in writing to pay the policy limit under the Texas total-loss fire law (§ 862.053).
Tex. Ins. Code § 4102.104(b) (show the source wording)
The source says“not later than 72 hours after the date on which the loss is reported to the insurer, either pays or commits in writing to pay to the insured the policy limit of the insurance policy in accordance with Section 862.053”
Read it at the source (opens in a new tab) - In that fast policy-limits situation the adjuster can still bill you reasonable pay for time spent and expenses up to the point the insurer paid or committed in writing to pay.
Tex. Ins. Code § 4102.104(b) (show the source wording)
The source says“based on the time spent on a claim that is subject to this subsection and expenses incurred by the license holder, until the claim is paid or the insured receives a written commitment to pay from the insurer”
Read it at the source (opens in a new tab) - The Texas Department of Insurance says the fee can be figured on the whole settlement, not only on the extra amount you are disputing.
Texas Department of Insurance, Public adjusters: What to know before you hire one (show the source wording)
The source says“The fee can be based on the total amount of the claim settlement, not just the amount you’re disputing.”
Read it at the source (opens in a new tab) - Insurance checks must name you as a payee and need your own signature. The adjuster cannot sign or endorse a check for you, even with your permission.
Tex. Ins. Code § 4102.104(e) (show the source wording)
The source says“a public insurance adjuster may not sign and endorse any payment draft or check on behalf of an insured”
Read it at the source (opens in a new tab) - An adjuster cannot sign you up and collect a fee without intending to actually do the work a public adjuster normally does.
Tex. Ins. Code § 4102.103(d) (show the source wording)
The source says“without the intent to actually perform the services customarily provided by a licensed public insurance adjuster for the insured”
Read it at the source (opens in a new tab)
What must the contract say?
A Texas public adjuster must have a written contract with you before doing any work, and it must be on a form the Texas Department of Insurance has approved. The contract must let you cancel within 72 hours of signing and must spell out exactly how the fee is calculated.
Your right to cancel: 3 calendar days. The law gives you 72 hours from the time you sign, counted in hours, not business days. Cancel by written notice to the adjuster. The contract must show the date and time it was signed.
- There must be a written contract, on a form approved by the insurance commissioner, signed by you and the adjuster before the adjuster does any work.
Tex. Ins. Code § 4102.103(a) (show the source wording)
The source says“without having first entered into a contract, in writing, on a form approved by the commissioner, executed in duplicate by the license holder and the insured or the insured's duly authorized representative”
Read it at the source (opens in a new tab) - The contract must let you cancel by written notice within 72 hours of signing.
Tex. Ins. Code § 4102.103(b) (show the source wording)
The source says“The contract must contain a provision allowing the client to rescind the contract by written notice to the license holder within 72 hours of signature”
Read it at the source (opens in a new tab) - The contract must show, in 12-point bold type, a notice that the adjuster represents only you.
Tex. Ins. Code § 4102.103(b) (show the source wording)
The source says“must include a prominently displayed notice in 12-point boldface type that states "WE REPRESENT THE INSURED ONLY."”
Read it at the source (opens in a new tab) - The adjuster must use either the department's standard contract (form FIN 535) or a contract filed with and approved by the department before use.
28 Tex. Admin. Code § 19.708(d) (show the source wording)
The source says“a standard language contract developed by the department, identified by FIN 535; or (2) a contract filed and approved by the department before use”
Read it at the source (opens in a new tab) · statute mirror; the official site could not be opened - The signature page must tell you that you do not need to sign the contract to make an insurance claim.
28 Tex. Admin. Code § 19.708(b)(7)(C) (show the source wording)
The source says“You do not have to enter into this contract to make a claim for loss or damage on a policy of insurance.”
Read it at the source (opens in a new tab) · statute mirror; the official site could not be opened - The contract must clearly state the adjuster's fee and how it is calculated: the hourly rate, the flat amount, or the exact percentage.
28 Tex. Admin. Code § 19.708(b)(13) (show the source wording)
The source says“if a percentage, the contract must state the exact percentage that will be applied to the settlement on the claim to calculate the amount payable to the public insurance adjuster”
Read it at the source (opens in a new tab) · statute mirror; the official site could not be opened - The contract must show the adjuster's name, address and license number, with the license number on every page.
28 Tex. Admin. Code § 19.708(b)(1) (show the source wording)
The source says“with each page of the contract prominently displaying the license number(s)”
Read it at the source (opens in a new tab) · statute mirror; the official site could not be opened - The contract must show the date and time it was signed, and the addresses where you can send a cancellation notice.
28 Tex. Admin. Code § 19.708(b)(3), (5) (show the source wording)
The source says“the mailing and physical addresses to which notice of cancellation and all communications to the public insurance adjuster may be delivered”
Read it at the source (opens in a new tab) · statute mirror; the official site could not be opened - The first or second page must carry a notice, in English and Spanish, telling you how to reach the Texas Department of Insurance for information or to file a complaint.
28 Tex. Admin. Code § 19.708(b)(10)(A) (show the source wording)
The source says“You may contact the Texas Department of Insurance to get information about public insurance adjusters, your rights as a consumer, or information about how to file a complaint by calling 1-800-252-3439”
Read it at the source (opens in a new tab) · statute mirror; the official site could not be opened - If the person you signed with is not licensed, you can void the contract and owe nothing for past or future services.
Tex. Ins. Code § 4102.207 (show the source wording)
The source says“the insured is not liable for the payment of any past services rendered, or future services to be rendered, by the violating person under that contract or otherwise”
Read it at the source (opens in a new tab)
How can a public adjuster approach me?
- A public adjuster cannot solicit clients while a loss-causing natural disaster is still in progress.
Tex. Ins. Code § 4102.151 (show the source wording)
The source says“A license holder may not solicit or attempt to solicit a client for employment during the progress of a loss-producing natural disaster occurrence.”
Read it at the source (opens in a new tab) - A public adjuster may solicit business only between 9 a.m. and 9 p.m. on weekdays and Saturdays, and between noon and 9 p.m. on Sundays.
Tex. Ins. Code § 4102.152(a) (show the source wording)
The source says“at any time except between the hours of 9 a.m. and 9 p.m. on a weekday or a Saturday and between noon and 9 p.m. on a Sunday”
Read it at the source (opens in a new tab) - You can call or visit a public adjuster yourself at any hour. The hour limits only cover the adjuster reaching out to you.
Tex. Ins. Code § 4102.152(b) (show the source wording)
The source says“This section does not prohibit a license holder from accepting phone calls or personal visits during the prohibited hours from an insured on the insured's initiation.”
Read it at the source (opens in a new tab) - A public adjuster cannot use any misrepresentation to get you to sign.
Tex. Ins. Code § 4102.159 (show the source wording)
The source says“A license holder may not use any misrepresentation to solicit a contract or agreement to adjust a claim.”
Read it at the source (opens in a new tab) - A public adjuster cannot advance money to you or to a potential client.
Tex. Ins. Code § 4102.160(1) (show the source wording)
The source says“advance money to any potential client or insured”
Read it at the source (opens in a new tab) - A public adjuster cannot pay a referral fee to anyone who is not a licensed public adjuster for sending you their way.
Tex. Ins. Code § 4102.160(2) (show the source wording)
The source says“to a person who is not a licensed public insurance adjuster a fee, commission, or other valuable consideration for the referral of an insured to the public insurance adjuster”
Read it at the source (opens in a new tab) - A public adjuster cannot take a fee for referring you to an attorney, appraiser, umpire, contractor or salvage company.
Tex. Ins. Code § 4102.164(a) (show the source wording)
The source says“in exchange for the referral by a licensed public insurance adjuster of an insured to any third-party individual or firm, including an attorney, appraiser, umpire, construction company, contractor, or salvage company”
Read it at the source (opens in a new tab) - Every ad must show the adjuster's name, address and license number.
Tex. Ins. Code § 4102.113 (show the source wording)
The source says“Each advertisement by a license holder soliciting or advertising business must display the license holder's name, address, and license number as they appear in the records of the commissioner.”
Read it at the source (opens in a new tab) - A public adjuster cannot use a badge or suggest they are part of a government agency.
Tex. Ins. Code § 4102.154 (show the source wording)
The source says“A license holder may not use a badge in connection with the official activities of the license holder's business.”
Read it at the source (opens in a new tab) - A public adjuster cannot sign you up mainly to steer you to a lawyer, or get you to sign a lawyer's representation agreement. Recommending a lawyer is allowed.
Tex. Ins. Code § 4102.158(e) (show the source wording)
The source says“A license holder may not act on behalf of an attorney in having an insured sign an attorney representation agreement.”
Read it at the source (opens in a new tab)
How long does my insurer have in Texas?
-
You report the claim
The first clock starts here.
-
Insurer's first response
15 days
counted from the day you report the claim
-
Insurer accepts or denies
15 business days
counted from proof of loss, or the last documents the insurer asked for
-
Insurer pays
5 business days
counted from the insurer accepting the claim or an agreed amount
First-party claims paid directly to the policyholder, against insurers authorized to do business in Texas, including Lloyd's plans, county mutuals, farm mutuals and eligible surplus lines insurers (§§ 542.051, 542.052). Workers' compensation, title, mortgage guaranty, marine and surety are excluded (§ 542.053). Texas Windstorm Insurance Association claims have their own timeline in Insurance Code ch. 2210 (60 days to accept or deny, 10 days to pay).
- To acknowledge your claim. Within 15 days after getting notice of your claim, the insurer must acknowledge it, start investigating and ask you for everything it needs. Surplus lines insurers get 30 business days.
Tex. Ins. Code § 542.055(a) (show the source wording)
The source says“Not later than the 15th day or, if the insurer is an eligible surplus lines insurer, the 30th business day after the date an insurer receives notice of a claim”
Read it at the source (opens in a new tab) - To accept or deny. The insurer must tell you in writing whether it accepts or rejects the claim within 15 business days after it has everything it asked for. It can take up to 45 more days if it tells you in writing why it needs the time.
Tex. Ins. Code § 542.056(a) (show the source wording)
The source says“an insurer shall notify a claimant in writing of the acceptance or rejection of a claim not later than the 15th business day after the date the insurer receives all items, statements, and forms required by the insurer”
Read it at the source (opens in a new tab) - To pay. Once the insurer tells you it will pay all or part of the claim, it must pay within 5 business days. Surplus lines insurers get 20 business days.
Tex. Ins. Code § 542.057(a) (show the source wording)
The source says“the insurer shall pay the claim not later than the fifth business day after the date notice is made”
Read it at the source (opens in a new tab)
A business day is any day except Saturday, Sunday or a state-recognized holiday. If the insurer suspects arson it has 30 days to accept or reject. If the insurer cannot decide in time it must say why within the same period, then decide within 45 days after that notice. After a weather catastrophe or major natural disaster, as defined by the commissioner, every deadline is extended 15 days. If the insurer has everything it asked for and still delays payment more than 60 days, it owes interest as damages plus attorney's fees: 18% a year in general, or a lower rate (the judgment interest rate plus 5 points) in weather-damage lawsuits covered by chapter 542A.
What deadlines apply to me?
Your policy sets its own deadlines too, and they can be shorter. These are the ones written into Texas law.
- Before suing an insurer over a weather-damage property claim (hail, wind, hurricane, flood, wildfire and similar), you must give the insurer written notice at least 61 days before filing suit.
Tex. Ins. Code § 542A.003(a) (show the source wording)
The source says“not later than the 61st day before the date a claimant files an action to which this chapter applies in which the claimant seeks damages from any person, the claimant must give written notice to the person”
Read it at the source (opens in a new tab) - Insurers that write wind and hail coverage in the coastal catastrophe area may put a deadline to sue in the policy, but it cannot end before the earlier of 2 years after the insurer accepts or rejects the claim or 3 years after the date of loss. Check your policy for the actual deadline.
Tex. Ins. Code § 2301.010(b) (show the source wording)
The source says“The contractual limitations period may not end before the earlier of: (1) two years from the date the insurer accepts or rejects the claim; or (2) three years from the date of the loss that is the subject of the claim.”
Read it at the source (opens in a new tab) - Those same insurers may require you to file a claim within 1 year after the date of loss, but the policy must allow later claims for good cause.
Tex. Ins. Code § 2301.010(c) (show the source wording)
The source says“may also contain a provision requiring that a claim be filed with the insurer not later than one year after the date of the loss that is the subject of the claim”
Read it at the source (opens in a new tab) - A claim under a Texas Windstorm Insurance Association policy must be filed within 1 year after the date the damage happened.
Tex. Ins. Code § 2210.573(a) (show the source wording)
The source says“an insured must file a claim under an association policy not later than the first anniversary of the date on which the damage to property that is the basis of the claim occurs”
Read it at the source (opens in a new tab)
What can I do if I disagree with the insurer?
- Complaint to the Texas Department of Insurance. You can file a complaint against an insurance company, agent or adjuster with TDI online. TDI asks the company for a response, and the company has 15 days to answer, with a possible 10-day extension.
Texas Department of Insurance, How to get help with a homeowners or renters insurance complaint (show the source wording)
The source says“Companies have 15 days to respond to us and can ask for a 10-day extension.”
Read it at the source (opens in a new tab) - What a TDI complaint cannot do. TDI cannot force a company to pay unless the refusal breaks a law or your policy, and it cannot decide disputes over the facts, such as whether a storm or normal wear caused the damage.
Texas Department of Insurance, How to get help with a homeowners or renters insurance complaint (show the source wording)
The source says“Make a company pay a claim unless the failure to pay violates a law or the terms of your policy.”
Read it at the source (opens in a new tab) - Appraisal (required in home policies). Texas law now requires residential property policies to include an appraisal clause for settling disputes over the amount of a loss. It does not apply to Texas Windstorm Insurance Association or commercial policies.
Tex. Ins. Code § 1813.003(a) (show the source wording)
The source says“An insurance policy described by Section 1813.001(a) must contain an appraisal provision that complies with this chapter.”
Read it at the source (opens in a new tab) - Appraisal: when the requirement started. TDI says the appraisal requirement took effect September 1, 2025 and applies to policy forms issued or renewed after January 1, 2026.
Texas Department of Insurance, Commissioner's Bulletin # B-0012-25 (SB 458) (show the source wording)
The source says“Effective September 1, 2025. Applies to forms issued or renewed after January 1, 2026. TDI will adopt rules.”
Read it at the source (opens in a new tab) - Appraisal: the result is binding. The loss amount set by appraisal binds both you and the insurer, except in cases of fraud, accident, material mistake or an award made without authority.
Tex. Ins. Code § 1813.004(b) (show the source wording)
The source says“the amount of loss determined by an appraisal under this chapter is binding as to the policyholder and the insurer”
Read it at the source (opens in a new tab) - Appraisal: what it costs you. TDI says you pay for the appraiser you hire and half of the umpire's expenses.
Texas Department of Insurance, What if my insurance isn't paying enough? (show the source wording)
The source says“You are responsible for the expenses of the appraiser you hire and for half of the umpire's expenses.”
Read it at the source (opens in a new tab)
Also worth knowing
- Your home or commercial property policy cannot include a clause that forbids you from hiring a public adjuster.
Tex. Ins. Code § 4102.007(b) (show the source wording)
The source says“may not include a provision that prohibits an insured from contracting with a public insurance adjuster for services provided under this chapter”
Read it at the source (opens in a new tab) - A public adjuster cannot take part in repairing or rebuilding the property on a claim they are handling.
Tex. Ins. Code § 4102.158(a)(1) (show the source wording)
The source says“participate directly or indirectly in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by the license holder”
Read it at the source (opens in a new tab) - A contractor cannot act as your public adjuster, or advertise that it will adjust claims, on a property where it is doing or may do the work, even if it holds a public adjuster license.
Tex. Ins. Code § 4102.163(a) (show the source wording)
The source says“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”
Read it at the source (opens in a new tab) - A public adjuster cannot represent you while also working for the insurance company the claim is against.
Tex. Ins. Code § 4102.158(c) (show the source wording)
The source says“A license holder may not represent an insured on a claim or charge a fee to an insured while representing the insurance carrier against which the claim is made.”
Read it at the source (opens in a new tab) - A public adjuster cannot give legal advice or do anything that counts as practicing law.
Tex. Ins. Code § 4102.156 (show the source wording)
The source says“A license holder may not render services or perform acts that constitute the practice of law, including the giving of legal advice to any person in the license holder's capacity as a public insurance adjuster.”
Read it at the source (opens in a new tab) - A public adjuster can only work property claims for the person insured under the policy. They cannot handle bodily injury claims under life, health or accident policies.
Tex. Ins. Code § 4102.157 (show the source wording)
The source says“on a bodily injury loss covered by a life, health, or accident insurance policy or on any claim for which the client is not an insured under the insurance policy”
Read it at the source (opens in a new tab) - Any claim money a public adjuster receives is held in trust for you and cannot be diverted.
Tex. Ins. Code § 4102.111(a) (show the source wording)
The source says“All funds received as claim proceeds by a license holder acting as a public insurance adjuster are received and held by the license holder in a fiduciary capacity.”
Read it at the source (opens in a new tab) - The Texas Department of Insurance warns that once the 72 hours pass, you cannot get out of the contract.
Texas Department of Insurance, Public adjusters: What to know before you hire one (show the source wording)
The source says“If you change your mind, you have 72 hours after you’ve signed a contract to cancel it. You can’t get out of the contract after 72 hours.”
Read it at the source (opens in a new tab) - The Texas Department of Insurance notes you may still owe the public adjuster even if the insurer does not raise its offer.
Texas Department of Insurance, Public adjusters: What to know before you hire one (show the source wording)
The source says“If your insurance company doesn’t increase its offer after you hire the public adjuster, you might still have to pay the public adjuster.”
Read it at the source (opens in a new tab) - An insurer that breaks the prompt-payment deadlines owes 18% yearly interest on the claim plus reasonable attorney's fees (a lower rate applies in weather-damage lawsuits under chapter 542A).
Tex. Ins. Code § 542.060(a) (show the source wording)
The source says“interest on the amount of the claim at the rate of 18 percent a year as damages, together with reasonable and necessary attorney's fees”
Read it at the source (opens in a new tab) - After a weather catastrophe or major natural disaster, insurers get 15 extra days on each claim-handling deadline.
Tex. Ins. Code § 542.059(b) (show the source wording)
The source says“In the event of a weather-related catastrophe or major natural disaster, as defined by the commissioner, the claim-handling deadlines imposed under this subchapter are extended for an additional 15 days.”
Read it at the source (opens in a new tab) - Acting as a public adjuster in violation of the licensing chapter is a crime (Class B misdemeanor).
Tex. Ins. Code § 4102.206(a) (show the source wording)
The source says“A person commits an offense if the person violates this chapter. An offense under this subsection is a Class B misdemeanor.”
Read it at the source (opens in a new tab)
Recent federal disaster declarations in Texas
- Severe Storms, Straight-Line Winds, Tornadoes, And Flooding · Major disaster declared September 1, 2026 · 26 areas: Bandera, Bexar, Comal, Crockett, Dimmit, Edwards, Frio, Gillespie and more
- Flooding · Emergency declared July 18, 2026 · 33 areas: Atascosa, Bandera, Bexar, Blanco, Brewster, Comal, Crockett, Dimmit and more
Federal declarations from FEMA as of November 12, 2026. A state fee limit or deadline may depend on a state declaration instead; check the cited rule. All recent declarations.
Texas by the numbers
From 2016 to 2025 the National Weather Service logged 48,031 storm event reports in Texas, with property damage estimates totalling $67 billion, the highest of the 50 states and D.C. Flood accounted for the most reported damage.
$67B
reported storm damage, 2016 to 2025
40
major disaster declarations since 2000
$4.8B
home damage verified by FEMA since 2002
Licensed public adjusters in Texas
2,051 individuals and firms hold a Texas public adjuster licence in the state's own records, and 1,203 of them are based in Texas.
Source: Texas Department of Insurance, retrieved November 10, 2026.
Browse the Texas directoryCommon questions about Texas
Can I hire a public adjuster in Texas?
Yes. Texas licenses public insurance adjusters through the Texas Department of Insurance, and your insurance policy cannot forbid you from hiring one. Anyone acting as a public insurance adjuster in Texas must hold a license from the Texas Department of Insurance. Applicants must pass an exam, show financial responsibility (a surety bond of at least $10,000) and complete 24 hours of continuing education each license period. Attorneys, and insurance agents helping on a policy they sold, do not need the license.
How much can a public adjuster charge in Texas?
A Texas public adjuster can charge an hourly fee, a flat fee or a percentage, but the total can never be more than 10% of the insurance settlement. No percentage fee is allowed when the insurer pays or commits to pay policy limits within 72 hours after the loss is reported.
Can I cancel a public adjuster contract in Texas?
Yes. Texas law gives 3 calendar days to cancel. The law gives you 72 hours from the time you sign, counted in hours, not business days. Cancel by written notice to the adjuster. The contract must show the date and time it was signed.
How long does an insurance company have to handle a claim in Texas?
Within 15 days after getting notice of your claim, the insurer must acknowledge it, start investigating and ask you for everything it needs. Surplus lines insurers get 30 business days. The insurer must tell you in writing whether it accepts or rejects the claim within 15 business days after it has everything it asked for. It can take up to 45 more days if it tells you in writing why it needs the time. Once the insurer tells you it will pay all or part of the claim, it must pay within 5 business days. Surplus lines insurers get 20 business days.
Where do I complain about an insurer or a public adjuster in Texas?
Complaints go to the Texas Department of Insurance. Consumer line: 800-252-3439.
Sources
Every rule above was matched to the exact words below on November 10, 2026.
- Tex. Ins. Code § 4102.051(a)
A person may not act as a public insurance adjuster in this state or hold himself or herself out to be a public insurance adjuster in this state unless the person holds a license issued by the commissioner
- Tex. Ins. Code § 4102.057(a)
each applicant for a license as a public insurance adjuster must, before the issuance of the license, take and pass an examination to the satisfaction of the commissioner
- Tex. Ins. Code § 4102.105(a)
As a continuing condition of licensure, a public insurance adjuster must file proof of financial responsibility with respect to transactions with insureds under this chapter in an amount determined by the commissioner by rule.
- 28 Tex. Admin. Code § 19.705 (statute mirror; the official site could not be opened)
must maintain proof of financial responsibility by obtaining a surety bond in the principal sum of not less than $10,000
- Tex. Ins. Code § 4102.109(a)
Each license holder must complete at least 24 hours of continuing education during the license period.
- Tex. Ins. Code § 4102.051(b)
a person licensed as a general property and casualty agent or personal lines property and casualty agent under Chapter 4051 while acting for an insured concerning a loss under a policy issued by that agent
- Tex. Ins. Code § 4102.104(a)
The total commission received may not exceed 10 percent of the amount of the insurance settlement on the claim.
- 28 Tex. Admin. Code § 19.708(b)(11) (statute mirror; the official site could not be opened)
the total commission payable to the public insurance adjuster, including expenses, direct costs, or any other costs accrued by the public insurance adjuster, must not exceed 10% of the amount of the insurance settlement
- Tex. Ins. Code § 4102.104(b)
not later than 72 hours after the date on which the loss is reported to the insurer, either pays or commits in writing to pay to the insured the policy limit of the insurance policy in accordance with Section 862.053
- Texas Department of Insurance, Public adjusters: What to know before you hire one
The fee can be based on the total amount of the claim settlement, not just the amount you’re disputing.
- Tex. Ins. Code § 4102.104(e)
a public insurance adjuster may not sign and endorse any payment draft or check on behalf of an insured
- Tex. Ins. Code § 4102.103(d)
without the intent to actually perform the services customarily provided by a licensed public insurance adjuster for the insured
- Tex. Ins. Code § 4102.103(a)
without having first entered into a contract, in writing, on a form approved by the commissioner, executed in duplicate by the license holder and the insured or the insured's duly authorized representative
- Tex. Ins. Code § 4102.103(b)
The contract must contain a provision allowing the client to rescind the contract by written notice to the license holder within 72 hours of signature
- 28 Tex. Admin. Code § 19.708(d) (statute mirror; the official site could not be opened)
a standard language contract developed by the department, identified by FIN 535; or (2) a contract filed and approved by the department before use
- 28 Tex. Admin. Code § 19.708(b)(7)(C) (statute mirror; the official site could not be opened)
You do not have to enter into this contract to make a claim for loss or damage on a policy of insurance.
- 28 Tex. Admin. Code § 19.708(b)(13) (statute mirror; the official site could not be opened)
if a percentage, the contract must state the exact percentage that will be applied to the settlement on the claim to calculate the amount payable to the public insurance adjuster
- 28 Tex. Admin. Code § 19.708(b)(1) (statute mirror; the official site could not be opened)
with each page of the contract prominently displaying the license number(s)
- 28 Tex. Admin. Code § 19.708(b)(3), (5) (statute mirror; the official site could not be opened)
the mailing and physical addresses to which notice of cancellation and all communications to the public insurance adjuster may be delivered
- 28 Tex. Admin. Code § 19.708(b)(10)(A) (statute mirror; the official site could not be opened)
You may contact the Texas Department of Insurance to get information about public insurance adjusters, your rights as a consumer, or information about how to file a complaint by calling 1-800-252-3439
- Tex. Ins. Code § 4102.207
the insured is not liable for the payment of any past services rendered, or future services to be rendered, by the violating person under that contract or otherwise
- Tex. Ins. Code § 4102.151
A license holder may not solicit or attempt to solicit a client for employment during the progress of a loss-producing natural disaster occurrence.
- Tex. Ins. Code § 4102.152(a)
at any time except between the hours of 9 a.m. and 9 p.m. on a weekday or a Saturday and between noon and 9 p.m. on a Sunday
- Tex. Ins. Code § 4102.152(b)
This section does not prohibit a license holder from accepting phone calls or personal visits during the prohibited hours from an insured on the insured's initiation.
- Tex. Ins. Code § 4102.159
A license holder may not use any misrepresentation to solicit a contract or agreement to adjust a claim.
- Tex. Ins. Code § 4102.160(1)
advance money to any potential client or insured
- Tex. Ins. Code § 4102.160(2)
to a person who is not a licensed public insurance adjuster a fee, commission, or other valuable consideration for the referral of an insured to the public insurance adjuster
- Tex. Ins. Code § 4102.164(a)
in exchange for the referral by a licensed public insurance adjuster of an insured to any third-party individual or firm, including an attorney, appraiser, umpire, construction company, contractor, or salvage company
- Tex. Ins. Code § 4102.113
Each advertisement by a license holder soliciting or advertising business must display the license holder's name, address, and license number as they appear in the records of the commissioner.
- Tex. Ins. Code § 4102.154
A license holder may not use a badge in connection with the official activities of the license holder's business.
- Tex. Ins. Code § 4102.158(e)
A license holder may not act on behalf of an attorney in having an insured sign an attorney representation agreement.
- Tex. Ins. Code § 542.055(a)
Not later than the 15th day or, if the insurer is an eligible surplus lines insurer, the 30th business day after the date an insurer receives notice of a claim
- Tex. Ins. Code § 542.056(a)
an insurer shall notify a claimant in writing of the acceptance or rejection of a claim not later than the 15th business day after the date the insurer receives all items, statements, and forms required by the insurer
- Tex. Ins. Code § 542.057(a)
the insurer shall pay the claim not later than the fifth business day after the date notice is made
- Tex. Ins. Code § 542A.003(a)
not later than the 61st day before the date a claimant files an action to which this chapter applies in which the claimant seeks damages from any person, the claimant must give written notice to the person
- Tex. Ins. Code § 2301.010(b)
The contractual limitations period may not end before the earlier of: (1) two years from the date the insurer accepts or rejects the claim; or (2) three years from the date of the loss that is the subject of the claim.
- Tex. Ins. Code § 2301.010(c)
may also contain a provision requiring that a claim be filed with the insurer not later than one year after the date of the loss that is the subject of the claim
- Tex. Ins. Code § 2210.573(a)
an insured must file a claim under an association policy not later than the first anniversary of the date on which the damage to property that is the basis of the claim occurs
- Texas Department of Insurance, How to get help with a homeowners or renters insurance complaint
Companies have 15 days to respond to us and can ask for a 10-day extension.
- Tex. Ins. Code § 1813.003(a)
An insurance policy described by Section 1813.001(a) must contain an appraisal provision that complies with this chapter.
- Texas Department of Insurance, Commissioner's Bulletin # B-0012-25 (SB 458)
Effective September 1, 2025. Applies to forms issued or renewed after January 1, 2026. TDI will adopt rules.
- Tex. Ins. Code § 1813.004(b)
the amount of loss determined by an appraisal under this chapter is binding as to the policyholder and the insurer
- Texas Department of Insurance, What if my insurance isn't paying enough?
You are responsible for the expenses of the appraiser you hire and for half of the umpire's expenses.
- Tex. Ins. Code § 4102.007(b)
may not include a provision that prohibits an insured from contracting with a public insurance adjuster for services provided under this chapter
- Tex. Ins. Code § 4102.158(a)(1)
participate directly or indirectly in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by the license holder
- 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
- Tex. Ins. Code § 4102.158(c)
A license holder may not represent an insured on a claim or charge a fee to an insured while representing the insurance carrier against which the claim is made.
- Tex. Ins. Code § 4102.156
A license holder may not render services or perform acts that constitute the practice of law, including the giving of legal advice to any person in the license holder's capacity as a public insurance adjuster.
- Tex. Ins. Code § 4102.157
on a bodily injury loss covered by a life, health, or accident insurance policy or on any claim for which the client is not an insured under the insurance policy
- Tex. Ins. Code § 4102.111(a)
All funds received as claim proceeds by a license holder acting as a public insurance adjuster are received and held by the license holder in a fiduciary capacity.
- Tex. Ins. Code § 542.060(a)
interest on the amount of the claim at the rate of 18 percent a year as damages, together with reasonable and necessary attorney's fees
- Tex. Ins. Code § 542.059(b)
In the event of a weather-related catastrophe or major natural disaster, as defined by the commissioner, the claim-handling deadlines imposed under this subchapter are extended for an additional 15 days.
- Tex. Ins. Code § 4102.206(a)
A person commits an offense if the person violates this chapter. An offense under this subsection is a Class B misdemeanor.
What we looked for and could not confirm
We leave a rule off the page when we cannot match it to a primary source. These are still open:
- The Texas statute text was read from the Legislature's own file server (https://tcss.legis.texas.gov/resources/IN/htm/IN.4102.htm and the matching files for chapters 542, 542A, 862, 1813, 2210 and 2301), which is what statutes.capitol.texas.gov loads. Chapter 4102 was also opened in a browser at statutes.capitol.texas.gov and showed the same wording. The site states it is current through the 89th Legislature, 2nd Called Session, 2025. Source URLs use the statutes.capitol.texas.gov address.
- The 28 Tex. Admin. Code rules (§§ 19.705, 19.708) were read on the Cornell LII mirror, not the Secretary of State's official Texas Administrative Code site, so they are marked official: false. The mirror shows both as last amended effective 6/19/2023. Whether TDI has amended them since was not checked.
- The no-percentage-fee rule in § 4102.104(b) is tied to a policy-limit payment "in accordance with Section 862.053", which is the law on total loss of real property by fire. Whether the rule reaches policy-limit payments on other kinds of losses is not answered by the statute text and was not researched.
- Cancellation is stated in hours (72 hours from signature). It is recorded as 3 calendar days because the schema needs days.
- General deadlines to sue an insurer in Texas (statute of limitations and policy suit-limitation clauses outside § 2301.010) were not researched. § 2301.010 only covers insurers that write windstorm and hail insurance in the catastrophe area.
- No state-run mediation program for ordinary homeowners claims was found on the TDI pages read. TDI's page mentions alternative dispute resolution only in general terms, and says TWIA may require mediation before a lawsuit. Not confirmed beyond those pages.
- TDI rules that implement the chapter 1813 appraisal requirement (for example the time allowed to finish an appraisal) were not located or read.
- TDI's license lookup page sends users to a search hosted on Sircon.com. TDI's public adjuster page also says to call the Help Line to check a license, complaints and disciplinary history.
- TDI pages give two descriptions of the company response time on complaints: 15 days plus a possible 10-day extension (homeowners complaint page) and 25 days (complaint process page). These are consistent but worded differently.
- No statutory waiting period after a loss was found in chapter 4102 other than the ban on soliciting while a natural disaster is in progress. TDI rules were not searched for one.