What are the Texas rules for business texting and telemarketing?
Since 1 September 2025, Texas treats marketing texts like telemarketing calls. Businesses that text people who did not opt in must register with the Secretary of State, keep to 9 am to 9 pm (noon on Sundays), honour the Texas no-call list, and can be sued under the Deceptive Trade Practices Act. Texts sent only to people who gave consent are outside the registration rule.
What did Texas SB 140 change on 1 September 2025?
Senate Bill 140 amended the Texas telephone solicitation statutes so that a “telephone call” now includes text messages, images, graphics and similar electronic transmissions. Before September 2025 the Texas rules were written for voice calls; now every rule about registration, hours, the no-call list and penalties applies to SMS, MMS and arguably WhatsApp marketing sent to Texas numbers.
The second change is enforcement. A violation of the telemarketing chapters is now automatically a violation of the Deceptive Trade Practices Act, which means a consumer can sue directly instead of waiting for the Attorney General. That is what makes SB 140 a “mini-TCPA” and why it matters to a plumber in Houston as much as to a national retailer.
Texas law sits on top of the federal TCPA, carrier A2P 10DLC registration and the general SMS consent rules. All four apply at once.
What are the Texas numbers to remember?
Which businesses have to register in Texas and which are exempt?
The practical test is whether the person asked to hear from you. Lead follow-up built on forms, missed-call text-back and booked appointments is consent-based by design.
| Situation | Registration needed? | Why |
|---|---|---|
| Cold texting purchased lists or scraped numbers in Texas | Yes | Classic telephone solicitation; no prior consent |
| Texting only people who opted in on your form, chat or call | No, per the Texas AG’s stated position | Consent-based programs are outside the registration provisions |
| Texting current or former customers, business name unchanged for 2+ years | Exempt | Section 302.058 customer exemption |
| Replying to someone who called or messaged you first | No | Response to an enquiry, not a solicitation |
| Appointment reminders and service notices to booked customers | No | Informational, not inducing a purchase |
| Publicly traded company, insurer, bank or utility | Exempt | Regulated under other law, section 302.053 |
| Agency sending marketing texts on a client’s behalf | Depends on the client’s status | Platform providers generally need not register but can face third-party liability |
What do the Texas chapters actually require?
Chapter 301: hours
Consumer solicitations only between 9 am and 9 pm Monday to Saturday, and noon to 9 pm on Sunday. Schedule automations inside this window for Texas contacts.
Chapter 302: registration
Telephone solicitors register with the Secretary of State, pay $200, post $10,000 security, publish the certificate and give pre-sale disclosures. Exemptions for consent, customers and regulated entities.
Chapter 304: no-call list
Texas keeps its own no-call list, updated 1 January, 1 April, 1 July and 1 October. You may not solicit a number that has been on the list for 60 days or more.
Chapter 305: mobile numbers
Section 305.001 bars sales calls and texts to a mobile number without consent when you know or should know it is a mobile. Almost every Texas lead is a mobile.
How does a Texas business keep automated follow-up compliant?
Capture consent on every entry point
Add a clear checkbox and consent sentence on web forms, chat widgets and Meta lead forms. Have the AI receptionist say that a text will follow. Store the wording, source and timestamp on each contact.
Separate marketing from service messages
Reminders, quotes and job updates are informational. Promotions are marketing and need the opt-in logged. Tag contacts so workflows know which is which.
Set a Texas sending window
Restrict marketing workflows to 9 am to 9 pm Monday to Saturday and noon to 9 pm Sunday, using the contact’s time zone, not yours.
Scrub the Texas and national no-call lists
If you ever send to people who did not opt in, subscribe to the Texas no-call list and the national DNC registry and scrub quarterly. Consent-based senders rarely need this but should keep internal suppression lists.
Honour STOP within minutes, across all campaigns
Opt-outs must stop every marketing message, not just one campaign. GoHighLevel handles the keyword; the workflow must also remove the tag that triggers promotions.
Keep A2P 10DLC and brand registration current
Carrier registration is separate from state law. Unregistered traffic is filtered before it reaches the phone, and registered traffic carries your business name in the record.
Decide whether to register anyway
If your plan includes any cold outreach, register with the Secretary of State before the first message. The fee is small next to a DTPA claim.
What happens if a Texas business gets it wrong?
Under SB 140 a consumer can bring a DTPA claim for each violating message, with economic damages, up to three times damages for knowing conduct, mental-anguish damages and attorney’s fees. The federal TCPA adds $500 per message, trebled to $1,500 for wilful violations, and the FCC’s consent-revocation rules (revised in September 2026, with the “revoke all” standard for marketing messages) make it easier for a complainant to show that consent had ended. The Attorney General can also seek civil penalties and injunctions. Most actions start with a single annoyed recipient and a plaintiff’s firm, so the goal is to have the consent record ready before anyone asks.
This page is general information for business owners, reviewed against the official sources linked in the text. It is not legal advice. Laws change and enforcement varies, so confirm your own setup with a licensed attorney in your state.
Common questions about Texas texting rules
Do I need to register in Texas if I only text people who filled in my form?
No, based on the Texas Attorney General’s position in the November 2025 Ecommerce Marketers Alliance case. The State said it does not read SB 140 or the registration provisions to apply to consent-based programs. Keep proof of each opt-in, because that proof is what keeps you outside the rule.
What does registration cost?
A $200 filing fee and a $10,000 security (bond or deposit) with the Texas Secretary of State, renewed annually, plus a requirement to post the registration certificate online and give specified disclosures before a sale.
Is missed-call text-back a telephone solicitation in Texas?
A text that replies to someone who just called you is a response to their enquiry, not a cold solicitation, and the caller has given consent by initiating contact. Keep the reply about their enquiry and include opt-out wording, and it sits well outside SB 140.
Can a customer really sue me over one text?
Yes. SB 140 makes a telemarketing violation an automatic DTPA violation, which gives consumers a private right of action with treble damages for knowing violations, mental-anguish damages and attorney’s fees. Federal TCPA damages of $500 to $1,500 per message can be claimed on top.
What are the quiet hours in Texas?
Chapter 301 limits consumer telephone solicitations to 9 am to 9 pm Monday to Saturday and noon to 9 pm on Sunday, local time of the person called. Apply the same window to texts.
Is Texas a one-party or all-party state for call recording?
One-party. A business can record its own calls without the caller’s consent under Texas law, though we still recommend an announcement because mobile callers may be in an all-party state.
What is related to Texas texting rules?
No auto-renew. You own everything. Paid on booked appointments.
Every system we build sits in your own account, on your own numbers and domain. If you stop working with us, nothing switches off and nothing has to be migrated.
Want Texas-ready follow-up that books jobs without the legal risk?
Book a free strategy call. We will audit your forms, templates and sending windows against these rules before building anything.