Texting Customers in Texas: What SB 140 Changed and How to Comply

Effective September 1, 2025, Texas updated its telemarketing law. A “telephone solicitation” now includes text and image messages sent to sell goods or services. See the enrolled bill (SB 140) and the updated statute at Business & Commerce Code Chapter 302.

Who this applies to

Chapter 302 applies if you make a telephone solicitation from Texas or to a purchaser located in Texas. See § 302.101.

What changed

• Texts are covered: “Telephone solicitation” now means a call or other transmission, including text or image messages, sent to induce a sale. See SB 140, Sec. 1 (amending § 302.001).
• More enforcement tools: SB 140 links violations in Chapters 304 and 305 to Texas’s Deceptive Trade Practices Act (DTPA). See SB 140, Secs. 4–5.

Registration and security (Chapter 302)

Unless an exemption applies, a seller must:

1. Register with the Texas Secretary of State (one certificate per business location). See § 302.101.
2. Pay the $200 filing fee and file the Telephone Solicitation Registration Statement (Form 3401).
3. Provide $10,000 security (often a surety bond). See Form 3403 (Bond) and SOS FAQs.

Common exemptions (know your fit)

• Former or current customers (if you have operated under the same business name for at least two years). See § 302.058.
• Retail sellers operating under the same name for at least two years where most sales occur at the retail location. See § 302.059.
• Other listed exemptions in Subchapter B (e.g., certain commercial sales, food sales). See §§ 302.056–.061.

Texas Do-Not-Call (Chapter 304)

Do not market to numbers on the Texas No-Call List. See Chapter 304 and the PUC’s No-Call resource.

Quiet hours (Chapter 301)

Texas sets outreach windows for consumer telephone calls: 9:00 a.m.–9:00 p.m. Monday–Saturday, and 12:00 p.m.–9:00 p.m. Sunday (local time). See § 301.051 and the Texas State Law Library’s FAQ.

To reduce risk, align marketing texts to the same hours for Texas recipients.

Federal TCPA overlay (still applies)

• Consent and opt-outs: 47 C.F.R. § 64.1200 governs marketing texts sent with automated systems. Consumers may revoke consent by any reasonable method and you must process it promptly (§ 64.1200(a)(10)).
• One-to-one consent update: The FCC’s 2023 “one-to-one” consent rule was vacated by the Eleventh Circuit in Insurance Marketing Coalition v. FCC (Jan. 24, 2025). See the opinion here. The FCC then removed the vacated language from its rules; see the FCC notice here. Standard TCPA consent rules remain in place.

Step-by-step compliance checklist

1. Map Texas traffic. Identify campaigns sent from Texas and messages delivered to Texas numbers (§ 302.101).
2. Check exemptions. If you only solicit former or current customers and have used the same name for ≥2 years, you may be exempt (§ 302.058).
3. Register if required. File Form 3401, pay $200, and post $10,000 security (e.g., Form 3403). See SOS FAQs.
4. Scrub Do-Not-Call. Use the Texas No-Call resources and honor opt-outs (Chapter 304; TCPA § 64.1200).
5. Set send windows. Limit Texas sends to 9 a.m.–9 p.m. Mon–Sat and 12–9 p.m. Sun (local time) per § 301.051.
6. Capture and store consent. Keep the form text shown to the user, timestamps, source, and proof of opt-out handling (TCPA § 64.1200).
7. Identify yourself. Make it clear who is sending the message. Avoid deceptive practices (Chs. 304, 301).
8. Document everything. Policies, scrubs, consent logs, send logs, and opt-out logs (SB 140 adds DTPA linkage in Chs. 304/305).

Fast FAQ

Do I need a certificate for each office? Yes. One certificate per business location making solicitations (§ 302.101(b)).

Are penalties significant? Chapter 302 allows civil penalties and SB 140 ties Chapter 304 and 305 violations to DTPA remedies (SB 140 Secs. 4–5).

What counts as a reasonable opt-out for texts? Common STOP keywords are considered reasonable; any reasonable method must be honored (TCPA § 64.1200(a)(10)).

Official sources

• Texas SB 140 (enrolled): bill text and bill analysis
• Texas statutes: Ch. 302 (registration & definitions) • Ch. 301 (quiet hours) • Ch. 304 (No-Call)
• Texas No-Call: PUC resource
• Secretary of State: Form 3401 • Form 3403 • FAQs
• TCPA rules: 47 C.F.R. § 64.1200
• One-to-one consent vacated: IMC v. FCC (11th Cir. 2025) • FCC removal notice: FCC
• Quiet hours explainer: Texas State Law Library FAQ

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