Reviewed and approved by Samuel Corso, licensed Texas insurance agent.

Is home insurance required in Texas?

This guide sets out what the Texas Department of Insurance (TDI) says about whether home insurance is required in Texas, and what that means if you have a mortgage, live on the coast, or own your home outright.

The short version. On whether home insurance is required in Texas, TDI's Home insurance guide says: "The law doesn't require you to have home insurance." The same TDI guide adds that "if you still owe money on your home, your lender will require you to have it." TDI's guide also calls home insurance a good idea even though it's not legally required.

Here's what we'll cover: the law and your lender, what a lapse means, windstorm coverage on the coast, condos and associations, and the choice you face once the home is paid off.

The law vs. your lender

TDI answers the question of whether home insurance is required in two parts in its Home insurance guide, one about the law and one about lenders. The law part is one sentence: "The law doesn't require you to have home insurance." The lender part follows it directly and is conditional, applying if you still owe money on your home.

The two statements point to different places. The first is TDI's statement about the law. The second is about your loan, so your mortgage documents and your lender or loan servicer are the places to check what your own loan asks for.

The guide makes a similar point about flood. Most home policies don't cover damage caused by floods, according to the guide, and if your home is in a designated flood zone, your lender requires you to have flood insurance. Our guide to flood insurance in Texas covers that policy.

What happens if you let it lapse

A lapse in home insurance is described only in generic terms in TDI's Home insurance glossary, whose entries are general insurance wording and do not say that a home policy has a 31-day grace period. The glossary defines a lapse as "The termination of an insurance policy because a renewal premium is not paid by the end of the grace period." The glossary defines the grace period as "The time – usually 31 days – during which a policy remains in force after the premium is due but not paid."

The same glossary entry adds two conditions. It says the policy lapses as of the day the premium was originally due unless the premium is paid before the end of the 31 days or the insured dies, and it says the grace period is not a free-insurance period. TDI's Home insurance guide describes cancellation separately. It lists stopping your premium payments among the reasons an insurance company may cancel your policy anytime, and says a company must give you 10 days' notice before it cancels your policy. Neither page says how the glossary's grace period and the guide's cancellation line fit together, so read your own policy for the payment terms that apply to you.

TDI's glossary also describes what a lender may do when a home with a mortgage has no homeowners insurance. Under its entry for single interest insurance, the glossary says: "For instance, if you still owe money on your mortgage and do not have homeowners insurance, your lender may take out a single interest insurance policy to protect its own interest in your property." The entry ends with this sentence: "Single interest insurance protects only the policy owner, not the homeowner."

In plain terms, a policy your lender takes out for its own interest is a different thing from your own homeowners policy. The glossary entry does not go into what a single interest policy costs or who pays for it, so those are questions for your lender.

If your policy is ending because the company chose not to renew it, and not because of a missed payment, our guide on what to do if your home insurance isn't renewed in Texas covers that situation.

The coastal wrinkle: windstorm coverage

Windstorm coverage on the Texas coast follows the same pattern TDI describes for home insurance. TDI's What is windstorm insurance? page says Texas law doesn't require windstorm insurance, and then adds that "if you live near the coast and have a mortgage, your lender will likely require you to have windstorm coverage."

The same TDI page explains why windstorm is a separate question on the coast. It says that if you live along the coast, your homeowners insurance might not cover wind and hail damage, and that you'll need to buy a separate windstorm policy. It says many people get this coverage from a Texas Windstorm Insurance Association (TWIA) policy, and it suggests asking your agent about your options. To get a TWIA policy, the page says you must live or own a business in TWIA's service area, have asked an insurance company for wind and hail coverage and been turned down, and get an inspection and certificate showing that your home or business was built or renovated according to certain construction codes. It also says you can't get a TWIA policy if there's a hurricane in the Gulf of Mexico. TDI's Home insurance guide words this differently. The guide says a home policy might not cover wind and hail damage if you live on the Texas coast or in Harris County on Galveston Bay, and that, depending on where you live, you might need flood insurance before TWIA will sell you a policy and might need a home inspection by an engineer or a windstorm inspector.

For a coastal home with a mortgage, that leaves two things to check: whether your homeowners policy covers wind and hail, and what your loan documents say about windstorm coverage.

For homes anywhere in Texas except along the coast, the windstorm page says you probably have wind and hail coverage in your homeowners policy, although you may have a different deductible for windstorm damage. Our guide on how the wind and hail deductible works in Texas explains that deductible.

Condos, townhouses and homeowners associations

If your Texas home is a condo, a townhouse or part of a homeowners association (HOA), the association's own documents and insurance are part of the picture. TDI's Home insurance guide says condominium insurance covers your personal property and the interior of your unit, and that it also provides liability protection and pays additional living expenses. For townhouses, the same guide says a policy can cover the interior and exterior or just the interior, and that the difference depends on whether the homeowners association has a master policy that covers the exterior.

The Office of Public Insurance Counsel (OPIC) has a page called Consider Buying HOA Loss Assessment Coverage. That page is about loss assessments and not about what an association asks owners to carry. Its suggestions still fit here. It suggests that HOA members review their HOA documents, talk to the HOA board, and find out the HOA's insurance policy coverage and limits.

Those same documents may also be where any insurance terms your association sets for owners are written. The TDI and OPIC pages cited here do not say what any particular association asks of its owners, so your own documents are the thing to read.

My house is paid off — so I can drop it?

Once a Texas home is paid off, TDI's statement about lenders no longer describes your situation, because TDI ties it to still owing money on the home. On whether to keep a policy anyway, TDI's Home insurance guide says: "Even though it's not legally required, home insurance is a good idea because it helps protect your home and other assets."

TDI's guide says most home policies in Texas include six coverages, and it describes four of them this way: dwelling coverage pays if your house is damaged or destroyed by something your policy covers, personal property coverage pays if your furniture, clothing, and other things you own are stolen, damaged, or destroyed, personal liability coverage pays medical bills, lost wages, and other costs for people that you're legally responsible for injuring, and additional living expenses coverage pays if you have to move while your house is being repaired to fix damages your policy covers. The same guide says policies pay only up to their dollar limits and that you must meet a deductible if you have a claim.

Going without a policy means costs like those would be yours to pay.

What to do with all this

Here are steps you can take to check where you stand on home insurance in Texas, depending on your situation.

Key facts

Sources: Texas Department of Insurance, Home insurance guide, Home insurance glossary and What is windstorm insurance?; Office of Public Insurance Counsel, Consider Buying HOA Loss Assessment Coverage. This page is general information, not legal advice. For questions about your legal rights, check your policy or contact the Texas Department of Insurance.

Take the next step

If you're weighing whether to keep, change, or restart a home insurance policy, it helps to know what you carry now and what your loan asks for before you decide. Our guide on how to choose home insurance in Texas is a good place to start.

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