Texas · Landlords · Flood Disclosure · Property Code · Educational
Starting January 1, 2022, Texas residential landlords became subject to a flood-risk disclosure duty under Property Code §92.0135 (added by H.B. 531, 87th Legislature). The statute requires written notice about 100-year floodplain awareness and recent flood damage history for covered leases—and reminds tenants that most renters policies do not cover flood. This article explains the historical insurance-relevant context in plain language. It is educational only, not legal advice.
Not legal advice. Lease drafting, notice timing, signatures, exemptions (including later amendments for short-term leases), and tenant remedies belong with a Texas-licensed attorney or current statute text—not a blog. Confirm the current wording of Texas Property Code Chapter 92 and official bill history before relying on any summary. Statutes and forms change.
1. What changed on January 1, 2022 (historical context)
Before this law, home sellers in Texas generally had clearer flood-related disclosure expectations than residential landlords. H.B. 531 (HB 531) closed part of that gap for many residential leases entered into or renewed on or after January 1, 2022 by adding §92.0135. At a high level, covered landlords must provide written notices substantially in the statutory form regarding:
- Whether the landlord is aware the dwelling is located in a 100-year floodplain (with statutory language about unchecked boxes and FEMA maps); and
- Whether the landlord knows the dwelling flooded at least once in the five years preceding the lease effective date.
The statute also embeds consumer language that most tenant (renters) insurance policies do not cover flood damage and that renters should seek coverage that would address flood loss. Official enrolled bill text: H.B. 531 enrolled.
2. What the disclosure is—and what it is not
| Disclosure notice | Insurance reality |
|---|---|
| Informs the tenant about floodplain awareness and recent flood history (as the statute defines) | Does not automatically create flood coverage on any policy |
| Must follow statutory substance and delivery/signing rules for covered leases | Landlord DP / HO forms still typically exclude flood as an overflowing/rising-water peril |
| Points tenants toward considering flood coverage | Flood is usually NFIP or private flood—separate from renters contents for fire/theft |
| May support lease remedies if notice rules are violated and flooding causes qualifying loss (see statute) | Insurance claims still turn on policy language, flood definitions, and waiting periods |
For landlords
Use counsel-approved lease addenda; keep signed copies; do not treat insurance agents as lease attorneys.
For tenants
Read the notice; check FEMA maps yourself; ask whether renters + flood are both needed for your belongings.
For agents
Clarify that disclosure and underwriting are different conversations; place flood when exposure warrants it.
Elevation note
The statute includes an elevation-related exception for certain floodplain awareness disclosures—confirm current text with counsel.
3. Flood insurance is still separate from HO / DP / renters
Texas landlords often carry a dwelling-fire / landlord (DP) form for the building and require tenants to carry renters insurance for personal property. Neither layer is a substitute for flood:
- Landlord / DP policy — protects the owner’s building (and often loss of rents / liability) against covered perils; flood is usually excluded or needs a separate flood policy. Overview: landlord insurance protects your property and you · cost context: Texas landlord insurance cost.
- Tenant renters policy — typically covers the tenant’s belongings for named or open perils on the renters form—not overflowing flood water. Landlord requirement guidance: how much renters insurance should a landlord require?
- Flood policy — NFIP or private flood for building and/or contents, subject to its own definitions, deductibles, and waiting periods. Hub: Texas flood insurance · deeper guide: comprehensive Texas flood guide.
HO vs landlord product framing: landlord vs homeowners insurance in Texas.
4. Practical Texas risk framing (Flash Flood Alley and maps)
Parts of Texas sit in heavy flash-flood corridors; a property outside a mapped 100-year floodplain can still flood. The statutory notice itself says even non-floodplain dwellings may be susceptible. Useful consumer tools:
- Flood maps by address and helpful info for Texans
- Why Texas earned the nickname Flash Flood Alley
- Official FEMA map tools referenced in the statutory notice language
Landlords evaluating insurance should still disclose occupancy accurately and carry the correct landlord form—not an owner-occupied HO-3—when the dwelling is rented. Becoming a landlord overview: how to become a Texas landlord.
5. Later amendments and why you must re-check the statute
Property Code §92.0135 has been amended after 2022 (for example, later legislation addressed notice requirements for certain short-term or temporary residential arrangements). Do not assume a 2022 news summary is complete for a lease signed today. Always verify current exemptions, delivery rules, and remedies in the official statutes or with counsel.
FAQ
Does the flood disclosure mean the landlord’s insurance covers the tenant’s belongings in a flood?
No. Disclosure is a lease/consumer-notice concept. Tenant belongings typically need renters coverage for non-flood perils and a separate flood policy (or flood contents coverage) when flood exposure warrants it.
Is flood part of a standard Texas landlord DP policy?
Generally no. Flood is usually excluded from standard HO/DP forms and written separately. See Texas flood insurance.
When did the law take effect?
H.B. 531’s flood disclosure section took effect January 1, 2022, for leases entered into or renewed on or after that date—confirm current applicability with counsel and the statute.
Is this legal advice?
No. Educational insurance-context information only. For lease compliance, see a Texas-licensed attorney and the current Property Code text.
Sources and further reading
- H.B. 531 enrolled bill text (87th Legislature)
- Texas Property Code Chapter 92 (official statutes)
- Flood maps by address for Texans
- Texas flood insurance
- Comprehensive Texas flood guide
- Landlord insurance protects your property and you
- Texas landlord insurance cost
- Renters insurance landlords may require
- Landlord vs homeowners (Texas)
- How to become a Texas landlord
- Flash Flood Alley
- Ask an agent · Get a quote · Texas insurance center
