Texas roof age and home insurance
Texas bars insurers from declining a home policy because of the age of the property. On 29 September 2026 the state proposed wording that spells out that the age of parts of the home, such as the roof, counts too.
In plain English
Texas has had a rule since 1997 that says an insurer may not decline to write home insurance based on the age of the property. The Texas Department of Insurance (TDI) calls its 29 September 2026 filing a clarification, not a new ban: the department says the changes do not alter the rule's meaning.
The new text would say the age of any individual component or material of the home counts as well, and it adds siding to the examples. TDI's news release says insurers cannot decline or non-renew a home policy based on the age of a house or its roof.
What stays allowed: an insurer may still decline cover because of the physical condition of the property, roofing included. A worn, leaking or damaged roof is a condition. An old roof in good shape is only old.
Status on 7 October 2026: the amendment is a proposal. TDI set a public hearing and a comment deadline, and we did not find an adoption notice. The wording can still change.
What we found, with the exact words
| Point | In short | Exact words from the source | Source |
|---|---|---|---|
| Rule in force since | 1 September 1997 (28 TAC §21.1006) | “this §21.1006 adopted to be effective September 1, 1997” | Texas Administrative Code, 28 TAC §21.1006 (Cornell LII copy) Accessed 2026-10-07 |
| Current rule on age | An insurer may not decline to write home insurance based on the age of the property | “An insurer may not decline to write residential property insurance based on the age of the property sought to be insured.” | Texas Administrative Code, 28 TAC §21.1006 (Cornell LII copy) Accessed 2026-10-07 |
| What the rule still allows | Declining cover for the physical condition of the property, roofing included | “based on physical conditions of the property, including wiring, heating, air conditioning, plumbing, and roofing” | Texas Administrative Code, 28 TAC §21.1006 (Cornell LII copy) Accessed 2026-10-07 |
| What the proposal adds | Says the rule covers the age of the components of the property, not only the age of the house | “Clarify that the rule covers both the overall age of the property and the age of the components of the property.” | TDI rule summary, Property Age and Value Clarification Rule Accessed 2026-10-07 |
| TDI on whether the rule changes | The amendments do not change the rule's meaning or application | “These amendments do not change the rule's meaning or application.” | TDI proposed amendment to 28 TAC §21.1006 Accessed 2026-10-07 |
| TDI news release, 29 September 2026 | Insurers cannot decline or non-renew based on the age of a house or its roof | “insurance companies can’t decline or not renew a home insurance policy based on the age of a house or its roof” | TDI news release, 29 September 2026 Accessed 2026-10-07 |
| Proposal filed | 29 September 2026 | “Issued in Austin, Texas, on September 29, 2026.” | TDI proposed amendment to 28 TAC §21.1006 Accessed 2026-10-07 |
| Public hearing | 3 November 2026, 2:00 p.m. Central, Docket No. 2874 | “public hearing under Docket No. 2874 at 2:00 p.m., central time, on November 3, 2026” | TDI proposed amendment to 28 TAC §21.1006 Accessed 2026-10-07 |
| Written comments due | 9 November 2026, 5:00 p.m. Central | “no later than 5:00 p.m., central time, on November 9, 2026” | TDI proposed amendment to 28 TAC §21.1006 Accessed 2026-10-07 |
| Governor's directive, 24 August 2026 | Asked TDI to bar refusal to write or renew based on the age of the property, roof included | “based on the age of the property, including individual components such as the age of the roof” | Office of the Governor of Texas, press release Accessed 2026-10-07 |
| Commissioner's bulletin on roof age | None found. The latest 2026 bulletin we saw is B-0008-26, 16 September 2026, on premium discounts | “Premium discounts for loss mitigation” | TDI 2026 commissioner's bulletins list Accessed 2026-10-07 |
| TDI Help Line | 800-252-3439 | “Call the TDI Help Line at 800-252-3439” | TDI news release, 29 September 2026 Accessed 2026-10-07 |
What changes for a homeowner
- An insurer cannot turn you down for a home policy just because the house or the roof is old. If the reason given is age alone, ask the insurer to show where its own guidelines allow that.
- Condition is still fair game. Expect questions about leaks, missing granules, curling, sagging, and past hail or wind claims. A recent roofer inspection and dated photos help your case when the insurer points to condition.
- The rule is about declining cover. The text we read does not mention price, deductibles, or how a roof claim is paid, so those questions stay with your policy.
- The new wording is a proposal. Check the TDI rules page before you rely on it, because the final text may differ.
What to ask your insurer
Ask in writing and keep the replies.
- Is the reason for this decision the age of the house or roof, or its physical condition? Please answer in writing.
- If it is condition: which defects did you find, and can I have the inspection report and photos?
- What repair or replacement would remove the objection, and will you confirm in writing that it would?
- Does my policy pay a roof loss at replacement cost or at actual cash value, and does any roof payment schedule apply?
- Which underwriting guideline or filed rule do you rely on, so I can read it?
- If you still disagree, call the TDI Help Line and ask how to file a complaint.
What we could not confirm
- A commissioner's bulletin number for this action. TDI's 2026 bulletin list shows none on roof age; the action is a rule proposal and a news release.
- An adoption notice or an effective date for the amendment, as of the access date.
Sources, with dates
- TDI news release: Texas homeowners protected from being denied insurance based on roof age (29 Sep 2026) (Regulator news release, accessed 2026-10-07)
- TDI proposed amendment to 28 TAC §21.1006 (PDF) (Rule proposal, accessed 2026-10-07)
- TDI rule summary, Property Age and Value Clarification Rule (PDF) (Rule summary, accessed 2026-10-07)
- 28 TAC §21.1006, current text (Cornell LII copy of the Texas Administrative Code) (Regulation text, accessed 2026-10-07)
- Governor Abbott directs TDI to make property insurance more affordable (24 Aug 2026) (Governor's press release, accessed 2026-10-07)
- TDI 2026 proposed and adopted rules list (Status check, accessed 2026-10-07)
- TDI 2026 commissioner's bulletins list (Status check, accessed 2026-10-07)
Last verified 2026-10-07. For a complaint or a question about your own policy, contact the Texas Department of Insurance.
Questions people ask
Can a Texas insurer refuse my home insurance because the roof is old?
Not for age alone, according to the Texas Department of Insurance. Its rule bars declining a home policy based on the age of the property, and its 29 September 2026 release says that covers the age of a house or its roof. An insurer can still decline for the physical condition of the property.
Is the Texas roof age rule new?
The rule has been in force since 1997. The September 2026 filing proposes clearer wording, and TDI says it does not change the rule's meaning. It is still a proposal, with a hearing on 3 November 2026.
What can a Texas insurer still do about an old roof?
It can act on condition. The rule says it does not stop an insurer from declining cover for the physical condition of the property, including roofing. Keep a recent inspection and dated photos.
Who do I call if I think an insurer broke the rule?
The TDI Help Line at 800-252-3439. Write down the date, the insurer's stated reason, and keep any letter you were sent.
Related pages
- Texas insurer claim deadlines
- FORTIFIED Roof incentives by state (no Texas page yet)
- Roof age and insurance: the general guide
- Actual cash value or replacement cost for a roof
- All states
Texas cities we cover
Census data counts when homes were built, not when roofs were last replaced, so home age is only a rough guide to roof age.