Effective September 1, 2025. This guide is for informational purposes only and is not legal advice. Always consult with a legal professional for compliance guidance.

What is this new Texas law and why does it matter for texting?

As of September 1, 2025, Texas law (SB 140) officially expands the definition of "telephone solicitation" to include text messages (SMS), image messages (MMS), and other graphic messages. This means if your business sends marketing texts to Texas residents or from a Texas location, you are now legally considered a telemarketer. You must register with the state and post a $10,000 security bond unless you qualify for a specific exemption.

Texas Business & Commerce Code Sec. 302.001(7) "Telephone solicitation" means a call or other transmission, including a transmission of a text or graphic message or of an image...

What are the specific types of businesses that are exempt from registration?

The law provides several specific exemptions. Key exemptions include certain regulated entities (banks, insurance companies), publicly traded corporations, nonprofits, businesses with physical locations, and those contacting existing customers.

Texas Business & Commerce Code Sec. 302.053 & 302.055 Exemptions apply to: (1) a person offering or selling a security...; (2) a publicly traded corporation...; (3) an insurance company...; (4) a supervised financial institution...; (5) a person whose business is regulated by the Public Utility Commission...; (6) an accredited institution of higher education...; (7) a nonprofit organization that has been granted an exemption from federal income taxation under Section 501(c)(3)...

Can I text past customers about a new offer without registering (Database Reactivation)?

Yes, this is likely exempt. You can solicit your own former or current customers without registering, but only if your business has operated under the same name for at least two years. This "database reactivation" is allowed to let businesses maintain relationships with their existing customer base.

Texas Business & Commerce Code Sec. 302.058 This chapter does not apply to: (2) a person who: (A) is soliciting business from a former or current customer; and (B) has operated under the same business name for at least two years.

If I'm an exempt retailer with a physical store, who can I text?

This is an important distinction. The exemption for retailers (in business for 2+ years under the same name with a majority of sales in-store) frees you from the state registration and bond requirement. However, this exemption does not change the rules about who you are legally allowed to contact.

You must still follow federal and state consent laws (like the TCPA). This means:

  • You CANNOT text "cold" numbers. These are consumers with whom you have no prior relationship or consent.
  • You CAN text consumers (including potential customers) who have given you "prior express written consent" to receive your marketing messages, for example, through a web form or text-in campaign.
  • You CAN also text your own "current or former customers" under the specific exemption for that group (see Q3).

In short, the retail exemption removes the registration hurdle, but the fundamental requirement to get a consumer's permission before texting them remains.

Texas Business & Commerce Code Sec. 302.059(2) This chapter does not apply to: (2) a person who for at least two years... has operated a retail establishment... if a majority of the person's business involves buyers obtaining services or products at the person's retail establishment.

What are the legal hours for sending marketing texts in Texas?

You may not send telemarketing texts before 9 a.m. or after 9 p.m. Monday through Saturday, and not before 12 p.m. (noon) or after 9 p.m. on Sunday, based on the recipient's local time.

Yes, these hours apply to all businesses making solicitations. An exemption from the registration and bond requirement (under Chapter 302) does not exempt a business from the time-of-day restrictions for marketing calls (under Chapter 301). The rules are in separate parts of the law.

However, these time restrictions only apply to solicitations. Purely informational messages, such as appointment reminders or delivery updates, are not subject to these quiet hours.

Texas Business & Commerce Code Sec. 301.051 A telephone solicitor may not make a consumer telephone call on a Sunday before noon or after 9 p.m. or on a weekday or Saturday before 9 a.m. or after 9 p.m.

What are the consent (opt-in) requirements for texting?

Under both federal (TCPA) and Texas law, you must obtain "prior express written consent" before sending marketing texts using an autodialer. This consent must be clear, unambiguous, and cannot be a condition of purchase. Your opt-in disclosure must inform the consumer they are agreeing to receive marketing messages. You must also provide a clear and easy way for them to opt-out (e.g., by replying "STOP").

Texas Business & Commerce Code Sec. 305.001 [Prohibits using an] "automatic dial announcing device to make a telephone call for the purpose of making a sale" ... without the prior express consent of the person called.

Is there an approval process after I submit my registration application?

Yes. After you submit your registration statement (Form 3401), filing fee, and security bond, the Texas Secretary of State will review the application. The registration becomes effective on the 10th business day after it is filed, unless the Secretary of State denies it for being incomplete or inaccurate. Registration is valid for one year and must be renewed annually.

Texas Business & Commerce Code Sec. 302.104. Effective Date of Registration Statement; Renewal. (a) A registration statement... takes effect on the 10th business day after the date the statement is filed.

If my business is exempt, do I need to file paperwork with Texas?

No. If your business clearly qualifies for an exemption, you are not required to file any forms or documents with the Texas Secretary of State to claim your exempt status. The exemption is automatic if you meet the criteria.

Do I need documentation if my business is exempt?

Yes. The law places the burden of proof on the business. If you are ever sued or investigated, you must be able to prove that you qualify for an exemption. You should maintain internal records (e.g., dated customer lists, sales records, articles of incorporation) that clearly demonstrate your exempt status.

Texas Business & Commerce Code Sec. 302.051. Burden of Proof (a) In a civil proceeding... a person who claims an exemption... has the burden of proving the exemption.

Can I use a disclaimer on my opt-in form to manage risk from Texas residents?

Some businesses are exploring this strategy, but it is extremely high-risk. The idea is to have consumers waive their rights or confirm they are not Texas residents.

The core legal problem is the concept of unwaivable statutory rights. Consumer protection laws like the TCPA and this Texas statute are created to protect the public. Courts have consistently ruled that a company cannot use a contract or a disclaimer in its terms of service to strip consumers of these fundamental protections. An individual cannot legally "agree" to let a company violate a law that was designed to protect them.

Legal Warning: Relying on a disclaimer is a flawed and dangerous strategy. Courts will likely find such waivers unenforceable. This is not a substitute for compliance and should not be implemented without consulting a qualified attorney about the significant legal risks. The safest and only recommended approach is to either register or ensure your business is legitimately exempt.

How should my business document consent to protect against lawsuits?

In any TCPA-related lawsuit, the burden of proof is on the business to prove that it obtained proper consent. Courts have consistently sided with consumers when businesses cannot provide clear, auditable evidence of an opt-in. Simply having a phone number in a database is not enough.

Best practices for documenting "prior express written consent" require capturing and storing the following information for every opt-in:

  • Timestamp: The exact date and time the consumer provided consent.
  • Phone Number: The number for which consent was granted.
  • Consent Language: The specific disclosure the consumer saw (e.g., "By checking this box, you agree to receive marketing texts...").
  • Source of Consent: A screenshot or copy of the web page, form, or text-in keyword campaign where the consumer opted in.
  • IP Address: The IP address from which the consent was submitted online.

Good News! The Platform's forms and Surveys automatically capture and store all of this (including the IP Address).

This level of detail creates a durable, verifiable record that can be presented as evidence. Many companies use third-party consent verification services to handle this documentation automatically.

FCC Rule 47 C.F.R. § 64.1200(f)(8) The term prior express written consent means an agreement, in writing... that authorizes the seller to deliver... advertisements or telemarketing messages... The written agreement shall include a clear and conspicuous disclosure... and the person's telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered.

Are restaurants exempt if they text customers about specials?

Yes, restaurants are exempt from the registration and bond requirement because of the "food sales" exemption. This allows them to text customers about daily specials, new menu items, or other food promotions without registering.

However, this does not exempt them from other parts of the law. A restaurant sending a marketing text is still a "telephone solicitor" and must:

  • Obtain prior express written consent (see Q6).
  • Adhere to the legal calling hours (see Q5).
  • Provide an opt-out mechanism.

Texas Business & Commerce Code Sec. 302.057. Exemption: Person Soliciting Food Sales This chapter does not apply to a person soliciting the sale of food...

Are appointment reminders considered telemarketing? What if my business is new?

Purely informational, non-marketing messages like appointment reminders are generally not considered "telephone solicitations" under this law. The law's definition focuses on messages that "induce a person to purchase, rent, claim, or receive an item." An appointment reminder does not try to make a new sale.

Because these are not solicitations, they do not trigger the registration requirement. This applies even if your business is brand new (less than two years old). The two-year rule is part of an exemption for marketing to former customers, which is different from sending informational messages.

Important Note: Consent is still required. When a customer provides their phone number to book an appointment, they are giving implied consent to receive transactional messages about that specific appointment.

Texas Business & Commerce Code Sec. 302.001(7) "Telephone solicitation" means a ... transmission ... initiated by a seller or salesperson to induce a person to purchase, rent, claim, or receive an item.

Example Scenarios: Do I Need to Register?

Important Reminder: The scenarios below focus on whether a business needs to register to send solicitations (marketing texts). Remember that purely informational messages (like appointment reminders, shipping updates, or replies to customer questions) do not require registration for any business type.

Restaurants

Exempt. The law provides a specific exemption for businesses soliciting the sale of food.

Key Takeaway: You don't need to register to text about specials (to opt-ins) or reactivate your past customer database. H