Every spring in Fort Worth, hail hammers roofs across Tarrant County. Then the renewal letters arrive. Some homeowners open one to find a sentence that stings: coverage nonrenewed, reason given — roof age. The shingles still hold. Nothing leaks. But the roof is 16 years old, and the insurer says that’s enough.
If you read our October 7 post about Texas’s insurance transparency tool, the rule behind this story will sound familiar. That’s because the ban on dropping you over roof age is not new. Here’s the honest version of the October news: Texas isn’t banning this for the first time. The Texas Department of Insurance (TDI) is sharpening a rule that already exists — and you have until November 9 to weigh in on the final wording.
What actually happened: a clarification, not a new ban
On September 29, 2026, TDI published proposed amendments to 28 Texas Administrative Code § 21.1006 — the rule that bars insurers from declining to write or renew residential property insurance based on the age of a property or its components. TDI’s own characterization matters here: the agency calls the amendments clarifying rather than substantive, saying they “do not change the rule’s meaning or application.” They make the rule clearer and more consistent. They don’t create a new prohibition.
So what does the proposal actually change? Legal analysis from Troutman Pepper Locke breaks it down this way:
- The age ban now explicitly names components and materials. The existing rule’s example list — wiring, heating, air conditioning, plumbing, roofing — is folded directly into the age prohibition as “components or materials,” and siding is added to the list.
- The carve-outs are consolidated. New subsection (d) gathers the rule’s two exceptions in one place. The important one: the rule still does not stop “an insurer from declining to write coverage based on the physical condition of the property or any of the property’s individual components or materials.”
- The value provision stays. The ban on declining coverage based on a minimum property value is essentially unchanged.
The practical meaning: the proposal draws a hard line between age and condition. “This roof is 18 years old” is an age statement. “This roof has missing shingles, deterioration, or active leaks” is a condition statement. Under the clarified rule, an insurer that wants to decline or nonrenew over a roof has to point to a specific condition problem — not just a birthday.
Why this is happening now: the affordability push
The proposal didn’t come out of nowhere. On August 24, 2026, Governor Greg Abbott directed TDI to act on home and auto insurance affordability, noting that the average annual homeowners’ premium in Texas has risen 79 percent in six years. Insurance Commissioner Amanda Crawford said the goal plainly: “Texans deserve fair access to home insurance, no matter the age of their home.”
The roof-age clarification is one of several TDI actions under that directive:
- Bulletin B-0008-26 directs insurers to account for a home’s FORTIFIED roof status in rate setting, so storm-resistant roofs earn lower premiums.
- Bulletin B-0007-26 states that price optimization in ratemaking — using personal data unrelated to insured risk to set prices — already violates Texas law.
- The ZIP-code transparency tool we covered on October 7 now publishes the reasons insurers decline, cancel, or nonrenew policies by neighborhood.
- An Insurance Fraud Task Force is being created to go after fraud that raises everyone’s costs.
In other words, the state is squeezing the problem from both ends: pushing insurers to judge roofs on evidence, and giving homeowners more ways to see — and challenge — the reasons they’re dropped.
The catch that can still cost you: eligibility is not settlement
Here is the part most headlines skip, and it’s the most expensive thing to misunderstand. This rule decides whether you can get and keep a homeowners policy. It does not decide how a roof claim is paid.
Those are two different questions, and insurers answer the second one with your policy’s loss-settlement language:
- Actual cash value (ACV). Many policies settle older roofs at ACV — replacement cost minus depreciation — instead of full replacement cost. TDI’s own data reporting treats roof payment schedules as ACV coverage.
- Roof payment schedules. Some policies step the payout down year by year as the roof ages. Your 18-year-old roof can be fully insured and still get a much smaller check than a 5-year-old roof after the same hailstorm.
- Deductibles and exclusions. Wind and hail deductibles (flat or percentage), cosmetic-damage exclusions, and endorsements still apply regardless of the roof’s birthday.
TDI warns consumers directly: some policies pay the full cost of a new roof after a covered loss, while others pay less based on the roof’s age and condition. And the department is explicit that an insurer does not owe you a new roof merely because the existing roof is old or worn out. So pull your declarations page and endorsements before storm season. Look for the phrases “roof payment schedule,” “actual cash value,” and the type of your wind/hail deductible. The settlement language in that paperwork matters more to your wallet than any rule about eligibility.
Your best defense: a dated paper trail of your roof’s condition
When age is off the table as a reason, condition becomes the battleground. And condition is arguable — which means evidence wins. The homeowners who keep their coverage (and win their claims) are the ones who can prove what their roof looked like and when. Here’s the paper trail that protects you:
- Verify the roof age your insurer has on file. TDI specifically tells homeowners to check this. If your roof was replaced but the insurer still shows the old installation date, correct it with a roofing invoice, permit record, closing document, or warranty. Wrong data is the easiest underwriting problem to fix.
- Photograph the roof after every hailstorm — and keep “before” photos too. Your phone stamps dates automatically. A dated photo from last spring showing an intact roof is the simplest rebuttal to a claim that the damage is “wear and tear.”
- Get a written roofer inspection. Every couple of years, or after a major storm, have a roofer put the roof’s condition in writing. An inspection doesn’t guarantee an insurer accepts its conclusions, but it gives you an objective document about physical condition — the exact thing insurers are now required to base decisions on.
- Keep every letter, email, and estimate. Nonrenewal notices, the insurer’s written explanation, inspection reports, repair quotes — keep them all in one folder, digital or physical.
- Ask what, specifically. If an insurer raises a roof concern, ask in writing: is this about age, condition, or the policy’s claim-settlement language? Those are three different problems with three different fixes.
We do this for cars every day. When hail hits your vehicle, we photograph every dent, document every panel, and put every estimate in writing — because dated evidence is what gets a claim paid correctly, as we explain in our guide on how insurance and body-shop choice work in Texas. A hailstorm doesn’t distinguish between your car and your roof. Your documentation shouldn’t either.
If you get a “roof age” nonrenewal letter
Don’t panic, but don’t sit on it either. Since January 1, 2026, Texas insurers must give you a written explanation whenever they decline, cancel, or nonrenew a policy — no request needed. Read that letter carefully:
- If the stated reason is age alone, that is exactly what 28 TAC § 21.1006 prohibits. You can file a complaint with TDI or call the TDI Help Line at 800-252-3439.
- If the reason is condition, ask for the specific condition in writing and whether an inspection or completed repair would change the decision. Then build your paper trail from the checklist above.
- If the reason is vague, TDI publishes plain-language definitions of the standardized reason codes — and our October 7 guide walks through the full playbook for a dropped policy, from decoding the notice to shopping without a coverage gap.
You can weigh in: comments open until November 9
This rule is a proposal, not a final rule — which means Texans get a say before it’s adopted. As of this writing, both windows are still open:
- Public hearing: November 3, 2026, at 2 p.m. Central, under Docket No. 2874. It’s hybrid — in person at the Barbara Jordan State Office Building, 1601 Congress Ave., Room 2.034, Austin, or virtual via Zoom. If you want to speak virtually, you must submit TDI’s public participation form in advance.
- Written comments: due by 5 p.m. Central on November 9, 2026. Email them to ChiefClerk@tdi.texas.gov or mail them to the Office of the Chief Clerk, MC: GC-CCO, Texas Department of Insurance, P.O. Box 12030, Austin, TX 78711-2030.
The proposal was published in the Texas Register on October 9, 2026. If you own an older home in Fort Worth — or you insure one — this is the rare regulation where the people it protects can speak before the ink dries.
Hail season doesn’t negotiate, and neither should your documentation. If a storm has beaten up your car along with your roof, contact Sindibad Auto Collision or call 973-873-5050 for a free estimate in Kennedale, TX. We’ll photograph the damage, document it properly, and make sure your claim file tells the full story.
Frequently asked questions
Is Texas banning roof-age insurance denials for the first time?
No. The ban on declining or nonrenewing a homeowners policy based on the age of the property or its components already exists in 28 Texas Administrative Code § 21.1006. What TDI proposed on September 29, 2026, is a clarifying amendment — the agency’s own words — that spells out the prohibition more explicitly for individual components like roofing, wiring, and plumbing, and adds siding to the list. The proposal is not yet final.
Can my insurer still drop my home policy over my roof?
Yes, but only for the roof’s physical condition — not its age alone. Missing shingles, deterioration, or active leaks are condition reasons an insurer can still cite. “The roof is 18 years old” by itself is not a legal basis for a declination or nonrenewal under the rule, current or amended.
Does this rule mean my old roof gets full replacement cost if hail hits?
No. The rule covers whether you can get or keep a policy — not how a claim is paid. Many policies settle older roofs at actual cash value or on a roof payment schedule that steps the payout down as the roof ages. Check your declarations page and endorsements for “roof payment schedule,” “actual cash value,” and your wind/hail deductible before storm season.
How do I comment on the proposed rule?
TDI will hold a public hearing on November 3, 2026, at 2 p.m. Central (Docket No. 2874) — in person in Austin or virtually via Zoom. Written comments are due by 5 p.m. Central on November 9, 2026, by email to ChiefClerk@tdi.texas.gov or by mail to the Office of the Chief Clerk, MC: GC-CCO, Texas Department of Insurance, P.O. Box 12030, Austin, TX 78711-2030.
What proof should I keep about my roof’s condition?
Date-stamped photos of the roof before and after every storm, a written roofer inspection every couple of years or after major storms, and proof of the roof’s actual installation date (invoice, permit record, closing document, or warranty) to correct your insurer’s records. Keep every nonrenewal notice, written explanation, and repair estimate in one folder.
Insurance rules summarized here reflect Texas Department of Insurance guidance and Texas Insurance Code provisions in effect as of publication. This post is general information, not legal or insurance advice, and not a guarantee of how any insurer will decide your case. Coverage decisions vary by insurer, policy, and individual circumstances. For advice on your specific policy, talk to your agent or contact TDI.