Effective September 1, 2025
Starting September 1, 2025, Texas Senate Bill 140 (SB140) goes into effect. This law updates the state’s telemarketing rules (often called a “mini-TCPA”) under the Texas Business & Commerce Code. The change directly impacts how businesses can use text messaging for sales and promotions.
What’s Covered and What’s Not
- Informational messages are not restricted. Appointment reminders, service updates, and purely transactional notices are not restricted. They are not considered “telephone solicitations” under the law.
- Marketing messages are restricted. If a text includes promotional content or upsell language, it may count as a solicitation. That means extra rules apply — including registration and quiet hours.
- Businesses sending marketing texts must register with the Texas SOS. Registration with the Texas Secretary of State and posting a bond is required for telemarketing activity unless the business falls within one of the stated exceptions.
Learn more and register at the Texas Secretary of State website.
Key Changes to Know
1. Text Messages Are Now Covered
SB140 expands the definition of “Telephone Solicitation” to include texts, graphics, and images — not just phone calls. This applies to any sales related outreach designed to get someone to buy, rent, claim, or receive an item.
This change does not affect the standard opt-in/consent process for texting.
2. Quiet Hours Apply To Texting
Just like phone calls, texts must respect “quiet hours.” Quiet hours under Texas’ mini-TCPA rules are more restrictive than the federal standard.
No texts allowed during these times (recipient’s local time):
- Mon-Sat: 9:00 p.m. – 9:00 a.m.
- Sun: Before 12:00 p.m. and after 9:00 p.m.
Possible exceptions:
- Responding directly to a consumer’s request
- Messaging an existing customer with whom you already have a business relationship
Pro tip: Set default quiet hours safeguards to avoid sending texts between 8 p.m.-12 p.m. ET and before 2 p.m. ET on Sundays.
3. Registration Requirements
If you send text solicitations from Texas or to Texas residents, you may need to register.
- Fee: $200
- Security deposit: $10,000
- Where to register: Texas Secretary of State (Form Series 3400 – Telephone Solicitation Registration FAQs)
Penalties: Failing to register can cost up to $5,000 per violation.
The Texas Secretary of State website contains more information on registration requirements and exemptions. See Frequently Asked Questions for Form Series 3400 – Telephone Solicitation Registration.
For the latest information on registration requirements, please see our November 2025 update below.
4. Exemptions from Registration
Some businesses sending messages are exempt from Registration. Examples include:
- Purely informational messages (not tied to sales or offers)
- Messages sent only in response to a consumer’s request
- Messages to customers you already have a business relationship with
- Publicly traded companies registered with the SEC or State Securities Board
- Educational institutions and IRS Code 501(c)(3) nonprofits
Exceptions are found at Texas Business and Commerce Code Section 301.051 – Telephone Solicitation Requirements.
5. New Definition of Autodialers (ATDS/ADAD)
Texas has created a much broader definition of automated dialing systems than the federal TCPA.
- Any system that stores or manages phone numbers for future use may be considered an autodialer — even if it doesn’t randomly or sequentially generate numbers.
- This means SMS, MMS, and even informational messages could be covered if sent without a live operator.
Why This Matters
Texas has taken a tougher stance than federal rules. Even if your system isn’t considered an autodialer under the federal TCPA, it may still be regulated under Texas SB140.
If you send text marketing messages in or to Texas, you need to:
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- Review your registration status. Determine whether your outbound SMS campaigns trigger the Texas Mini-TCPA, confirm whether an exemption applies, and if necessary, complete the statutory registration process.
- Double-check your quiet hours safeguards.
- Keep clear records of consent for every text message.
Need More Information?
Consult the Texas Secretary of State website for more information, and work with your legal counsel to determine whether your texting campaigns trigger the Texas mini-TCPA, confirm whether an exemption applies, and if necessary, complete the statutory registration process.
November 2025 Update
The Texas Attorney General clarified that companies who engage in consent‑based text message programs are not subject to the state’s registration and disclosure requirements.
LEGAL DISCLAIMER. This information is not intended to convey formal legal advice or establish an attorney-client relationship. Specific legal inquiries must be addressed to an attorney licensed in your jurisdiction and well-versed in the subject matter.
