Old House, Newer Roof: What Texas's Proposed Roof-Age Rule Does and Doesn't Change for Kingsgate Sales

Every Kingsgate sale has two ages in it: the age of the house and the age of the roof. Texas regulators are close to changing how insurers may use one of them. The change does nothing to the second number, and the second number is the one that decides what a policy pays when hail comes through southwest Lubbock.

On September 29, 2026, the Texas Department of Insurance announced it was clarifying its rule that insurance companies can't decline or refuse to renew a home policy because of the age of the house or its roof. In a neighborhood where much of the housing went up in the 1980s, that protects the ability to get a policy. It does not set what the policy pays on an older roof.

What the proposal actually says

The change is a proposed amendment to 28 TAC §21.1006, a rule that has been on the books since September 1, 1997. The old version barred insurers from declining coverage based on "the age of the property." TDI's September 14 response to the Governor explained the reason for the update. TDI wrote that companies "might try to use the age of individual components as an indicator for the condition of a home when deciding whether to write or renew coverage," and called that a way around the existing rule.

The proposed text reads this way:

(b) An insurer may not decline to write residential property insurance based on the age of: (1) the property; or (2) any of the property's individual components or materials, including wiring, heating, air conditioning, plumbing, siding, and roofing.

(d) This section does not prohibit: (1) 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...

It is still a proposal. It was published in the Texas Register on October 9, and TDI scheduled the public hearing for November 3. Written comments are due by 5 p.m. Central on November 9, and the earliest possible adoption date is November 8. The notice gives no effective date.

Two details in that text affect a sale. The operative language talks about declining to write coverage. And subsection (d) keeps the insurer's right to decline over a roof's physical condition. A 15-year-old roof can't be the reason for a no. A worn roof still can.

What the rule leaves alone: the claim check

None of the proposed text covers how a claim gets paid. Payment follows the policy, and TDI says some companies reduce coverage on older or worn roofs to actual cash value at renewal. Actual cash value means the insurer subtracts depreciation before it pays.

TDI's own worked example shows what that looks like. A storm destroys a roof that costs $10,000 to replace, on a house insured for $200,000 with a 2% deductible of $4,000:

The deductible makes the gap bigger. TDI's deductibles page shows that a 5% deductible on a $150,000 home is $7,500, which leaves a $6,500 roof repair entirely unpaid. TDI also tells consumers to ask whether wind and hail carry a separate deductible.

Put the two together and the proposed rule mostly settles one question: whether a buyer can get a policy on an older home. What that policy is worth after a storm still depends on the roof's age, its condition, and the settlement terms on the declarations page.

Why house age and roof age drifted apart on the southwest side

Kingsgate, anchored by Kingsgate Center at 82nd Street and Quaker Avenue, is on the side of town that took the June 5, 2025 storm. The National Weather Service survey describes a supercell that produced "widespread damage to homes and businesses across western and southwestern portions of the City of Lubbock," with significant damage to roofs and windows and hail up to tennis-ball size inside city limits. A City of Lubbock photo posted with the NWS report shows a flooded intersection at 98th Street and Quaker Avenue that evening.

Roofers felt it right away. The day after the storm, Kris Kincaid, owner of Kincaid Roofing, told EverythingLubbock his company had received roughly 400 to 500 calls. In September 2025, EverythingLubbock reported that a homeowner in the Cambridge Way subdivision was still waiting on contractors three months later. She said "they're all busy, they all had schedules and were going everywhere all at the same time."

That storm and the backlog after it mean the build year on a southwest Lubbock listing says very little about the roof. Two 1980s houses on the same block can have roofs installed a year apart or fifteen years apart. Under an actual cash value schedule, those two roofs fall on different rows of the table above. The listing's year built doesn't show which row a house is on.

The paper trail that puts a roof on the right row

TDI's March 2026 column says many policies reduce roof coverage based on age and material, and tells homeowners to check that the roof age and material shown on the policy are correct. Here are the records that support that number in a Kingsgate sale:

1. The CLUE report. TDI explains that a CLUE report lists insurance claims on a property for the past seven years, including claims filed before the current owner bought it. Buyers can ask the owner for it, and owners can request a free annual copy from LexisNexis. A June 2025 claim followed by a new roof is a different story from a June 2025 claim with no repair record.
2. The roof permit. The City of Lubbock's Building Safety fee schedule for the fiscal year that ended September 30, 2026 listed "Commercial or Residential Replacement Roof Permits" at $75. Check the current fee with Building Safety. A permit record for an address can be requested through the City's online Open Records Center.
3. The contractor's registration. The City's contractor registration application includes a Building/General category. A roofing invoice from a registered contractor that matches the permit date is the cleanest proof of roof age a seller can hand over.
4. The insurer's own inspection. TDI says insurers inspect roofs when someone applies and may charge more or refuse coverage based on what they see. This is the physical-condition review the proposed rule leaves in place, so the records above support the roof's age but don't replace the inspection.

How it plays out in a Kingsgate transaction

For sellers, a roof replaced after June 2025 is worth something only if it can be proven. Have the permit, the invoice, the material specs, and the CLUE report ready when the house is listed. TDI's December 2025 buyer checklist already tells buyers to ask for the CLUE report and whether the roof is new, so those questions will come up. If the roof is impact-resistant, include that documentation as well. TDI notes that Class 4 is the highest impact-resistance class for a possible premium credit, and that each company sets its own credit and paperwork requirements.

For buyers, insurance belongs early in the option period. TDI's home insurance guide notes that lenders require coverage while a loan is outstanding. TDI's shopping tips page adds that most mortgage companies require replacement cost coverage. A quote that lists the right roof age, shows how the roof is settled, and states the wind and hail deductible tells a buyer far more than a premium figure alone. That matters even more for buyers whose income changes with the season, because a percentage deductible is cash that has to be on hand on the worst day of the year.

For both sides, the proposed rule may make it easier to get an older Kingsgate house insured. It does not raise what a worn roof earns on a claim. The roof's documented age and condition still sets that.

Quick answers

Is the roof-age rule in effect now? No. It is a proposed amendment with written comments due November 9, 2026 and an earliest possible adoption date of November 8.

Can an insurer still turn down an older roof? Under the proposed text, yes, if the decision is based on the roof's physical condition.

Who asked for the change? Governor Abbott's August 24, 2026 directive told TDI to stop refusals to write or renew residential policies based on the age of a property or its components, including roofs.

This post is general information, not legal, insurance, or financial advice. Confirm your own policy terms with a licensed insurance agent, and talk with your lender about loan conditions.

If you're buying or selling in Kingsgate and the roof is the open question, I'll help you collect the permit, the claims history, and the contractor records before they come up in negotiation. Schedule a free consultation with Heather Waller.