By Jett Whittington, The Alliance Gazette
Texas insurance regulators are proposing clearer wording on an existing protection for homeowners: an insurer cannot turn down a home simply because the property is old. The Texas Department of Insurance says that protection includes the roof and applies to both new coverage and renewals.
For Eastland County homeowners, that is a different question from how much an insurance policy would pay after covered roof damage.
What is being proposed?
TDI filed proposed amendments to 28 Texas Administrative Code Section 21.1006 on September 29, 2026. The wording would expressly address the age of a property's individual components and materials, including roofing.
TDI describes this as a clarification of its existing rule, not a new protection that must wait for adoption. Insurers may still consider the property's actual physical condition. An old roof and a damaged or poorly maintained roof are not the same thing.
The amendments were not adopted as of October 7. TDI lists October 9 as the scheduled Texas Register publication date.
What would it mean for a claim?
The proposal does not set roof replacement benefits or deductibles. Those depend on the policy, its endorsements and the covered damage. Endorsements are policy add-ons that change coverage.
Check these provisions:
- Replacement cost or actual cash value. Replacement cost is based on current repair or replacement costs. Actual cash value subtracts depreciation for age and wear from that amount. A policy can cover the dwelling at replacement cost while settling roof losses differently.
- Roof payment schedules. Some endorsements limit payment using a schedule tied to roof age and sometimes material. Read the actual schedule rather than assuming a standard percentage applies.
- Wind and hail deductibles. The dwelling limit is the amount of insurance on the house. For a deductible based on that limit, 2% of $200,000 is $4,000, regardless of the roof repair bill. This is an example, not a quote for a particular policy.
- Cosmetic-damage exclusions. Some policies exclude appearance-only damage. Whether particular damage is excluded depends on the endorsement and the damage itself.
A covered repair can still leave a substantial amount for the homeowner to pay. If the amount payable does not exceed the applicable deductible, there may be no payment.
Also, a small first check is not always the final payment. Some replacement-cost claims begin with a depreciated payment, followed by additional payment when the policy's repair or replacement requirements are met.
What should you ask?
Read the declarations page, your coverage summary, along with the full policy and roof endorsements. Ask your agent or insurer:
- How is my roof covered for wind and hail?
- Does a roof-age schedule or cosmetic-damage exclusion apply?
- What is my deductible in dollars?
- Can depreciation be recovered after repairs, and what deadlines or conditions apply?
If coverage is declined, canceled or not renewed, keep the notice and written explanation. For applications and policies covered by the law, insurers must provide written reasons without waiting for a request. The change applies to applications made and policies delivered, issued for delivery or renewed on or after January 1, 2026. Ask TDI to help check the rules and deadlines that apply to your notice.
If condition is cited, ask for the specific problem and the supporting inspection information. Keep your repair and replacement records.
TDI's Help Line is 800-252-3439, weekdays from 8 a.m. to 5 p.m. Central.
How to comment
TDI has scheduled a hybrid hearing for November 3, 2026, at 2 p.m. Central in Austin and online, under Docket 2874. Written comments must be received by 5 p.m. Central on November 9 at ChiefClerk@tdi.texas.gov. Participation details are on TDI's hearing page.
The practical takeaway: protection against an age-only coverage decision does not guarantee a particular roof-claim payment. Check both your eligibility for coverage and the terms that determine what a covered loss will pay.
Sources: TDI rule proposal and consumer guides; Texas Insurance Code Chapter 551 and HB 2067; TDI hearing notice.