Do you need to register to send marketing texts in Texas? What SB 140 changed
Since September 1, 2025, Texas treats sales-related text messages as telephone solicitations. For many businesses that text Texas residents, that means a state registration — unless an exemption applies.
What SB 140 changed
Texas regulates telemarketing through several chapters of its Business and Commerce Code, often called the state's "mini-TCPA." Before SB 140, the registration requirement in Chapter 302 applied to telephone calls, and courts had read that narrowly to exclude texts. Governor Abbott signed SB 140 on June 20, 2025, and it took effect September 1, 2025. Its main changes:
- Texts count. "Telephone solicitation" now includes text messages, graphic messages, images and similar transmissions made to induce a purchase.
- Registration reaches SMS programs. Unless exempt, a business that sends marketing texts to Texas residents needs an active registration with the Texas Secretary of State.
- Private lawsuits. Violations are actionable under the Texas Deceptive Trade Practices Act, and the amendment says earlier recoveries don't limit later ones.
Penalties
Commentators have noted exposure on two fronts: Texas Attorney General enforcement, reported at up to $5,000 per violation, and private DTPA claims, with statutory damages reported in the range of $500 to $10,000 per violation. Federal TCPA exposure for the same messages is separate.
Are there exemptions?
Yes — Chapter 302 has a list of exemptions, and some carry their own conditions (for example, operating under the same business name for a minimum period). Whether your program qualifies is a fact-specific question worth taking to counsel before you rely on it.
What about quiet hours for texts?
It isn't fully settled whether every Texas calling-time restriction applies to texts after SB 140. The practical approach many compliance teams take is to send marketing texts only between 8 a.m. and 9 p.m. in the recipient's local time, which also matches the federal telemarketing window for calls.
A practical checklist
- Inventory every program that sends marketing texts to Texas numbers — including texts sent by vendors on your behalf.
- Decide, with counsel, whether you're exempt; if not, complete the Secretary of State registration before sending.
- Confirm you hold the consent the federal TCPA requires for those texts, and that it's documented.
- Make sure opt-out replies ("STOP" and plain-language equivalents) are captured and honored across every system that can text.
- Keep sends inside 8 a.m.–9 p.m. recipient local time.
- Write all of this down: who checked what, when.
How Zielit handles it
Every phone and text program we run is checked against a privacy assessment before launch, and every contact is tracked as opted in, opted out or unknown. See Phone Marketing.
This article is general information about marketing operations, not legal advice. Laws and agency rules change; confirm how they apply to your business with qualified counsel.
Frequently asked questions
When did Texas SB 140 take effect?
September 1, 2025. It was signed by Governor Greg Abbott on June 20, 2025.
Does SB 140 apply to businesses outside Texas?
It can. The registration requirement is aimed at telephone solicitations, now including marketing texts, made to Texas residents, as well as those made from Texas.
Who registers under SB 140?
Unless an exemption applies, the business sending the marketing texts registers with the Texas Secretary of State.
Can consumers sue under SB 140?
Yes. Violations are actionable under the Texas Deceptive Trade Practices Act, and the amendment states that earlier recoveries do not limit later ones.