Texas: SMS/Telemarketing State Law

Effective September 1, 2025, the state's telemarketing regulations are expanding to include text messages. If your business is located in Texas or sends marketing texts to Texas residents, learn about new regulations and how they might affect you.

Note: This information is intended for educational and informational purposes only and does not constitute legal advice. It is general in nature and may not be the most up-to-date. Please consult with legal counsel to ensure compliance.

• Navigating Texas SMS Marketing Regulations
• Key Changes to Texas Law
• Your Next Steps

Navigating Texas SMS Marketing Regulations

As a business owner, staying on top of legal changes is crucial. At Constant Contact, we want to ensure you're aware of the new Texas laws that may impact your SMS marketing campaigns. Effective September 1, 2025, the state's telemarketing regulations are expanding to include text messages. If your business is located in Texas or sends marketing texts to Texas residents, you might need to take action.

This information is for general educational purposes and is not a substitute for legal advice. Laws can change, and this content may not reflect the latest updates. We highly recommend consulting with a qualified legal professional to ensure your business complies with all applicable laws.

Key Changes to Texas Law

Texas Senate Bill 140 amends the Texas Business and Commerce Code § 302.001, broadening the definition of "telephone solicitation" to include text and other digital messages. This means that many businesses previously exempt from telemarketing registration may now be required to register with the Texas Secretary of State.

Registration Requirements

If your business is not exempt, you will need to register with the Texas Secretary of State. The registration process includes:

• A $200 application fee.
• A $10,000 security deposit. This deposit can be in the form of a surety bond, an irrevocable letter of credit, or a certificate of deposit. Many businesses find a surety bond to be the most practical option as it requires a smaller annual fee instead of a full $10,000 deposit.
• Your registration must be renewed annually.

Additional information regarding the form of any security can be found in Section 302.107 of the law. It is important to note that your registration is not valid until the Texas Secretary of State issues the certificate.

Exemptions

Certain businesses are exempt from these registration requirements. While it's vital to check the exact language of the law to confirm your status, some examples include:

• Publicly traded companies.
• Financial and educational institutions.
• Nonprofits with 501(c)(3) status.
• Businesses selling food.
• Retailers with a physical location that has operated under the same name for at least two years and where the majority of sales occur at that location.
• Businesses communicating with their current or former customers, provided they've been operating under the same name for the last two years.

Your Next Steps

The responsibility for compliance rests with your business. We urge you to review your SMS marketing practices and consult with legal counsel to determine if the new Texas rules apply to you. Taking these steps now will help ensure a smooth transition before the September 1, 2025 effective date.

For more information, you can directly contact the Texas Secretary of State's office.

Questions?