Important disclosure: This article is for general informational purposes only and does not constitute legal advice. Laws evolve and apply differently to specific facts. Consult your attorney about your particular situation.
Last updated: February 23, 2026
Who should read this: Any business that uses text messaging (SMS/MMS/RCS) to market to people in Texas, or that may text a person located in Texas, especially if you use a CRM or messaging platform like SMBcrm.
TL;DR: What Changed on Sept. 1, 2025
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Texas Senate Bill 140 (“SB 140”) took effect on September 1, 2025. It explicitly treats many text messages like telemarketing calls, pulling SMS/MMS into Texas’ “mini‑TCPA” framework (Chapters 301–305 of the Texas Business & Commerce Code).
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If you send marketing texts to or from Texas, you may need to register with the Texas Secretary of State, pay a $200 fee, post $10,000 security, and file quarterly salesperson addenda—unless an exemption applies.
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You must comply with the Texas No‑Call rules (scrub against the Texas + National DNC list; honor exemptions like established business relationships).
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Private lawsuits and DTPA exposure are now more prominent under Chapters 302, 304, and 305 (statutory damages, possible trebling under the DTPA).
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Federal TCPA rules still apply (e.g., opt‑out by any reasonable method; process revocations within 10 business days; one‑time confirmation allowed; the “one‑to‑one consent” lead‑gen rule was vacated and later removed).
What SB 140 Actually Did
SB 140 amends Texas’ Business & Commerce Code to pull “telephone call” definitions from Chapter 304 into Chapter 302, so that telemarketing and registration rules now expressly cover text/graphic/image transmissions to mobile numbers (i.e., SMS/MMS/RCS marketing). It also strengthens private rights of action and ties violations to the Texas Deceptive Trade Practices Act (DTPA) in multiple chapters.
Key point: Under Chapter 304, a “telephone call” includes “a call or other transmission… including a transmission of a text or graphic message or of an image, to a mobile telephone number.” That definition now drives how Texas treats marketing texts.
Do You Need to Register? (Chapter 302)
General rule. If you make a “telephone solicitation” from a location in Texas or to a purchaser located in Texas, you must hold a registration certificate for each business location, file a $200 registration, and post $10,000 security (bond, CD, or irrevocable letter of credit)—plus quarterly addenda listing salespersons—unless you fall within an exemption.
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Filing fee: $200 (initial and annual renewal).
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Security: $10,000 (e.g., Form 3403 surety bond).
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Quarterly addenda: identify every salesperson who solicited in the prior quarter; material changes require an interim addendum.
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Certificate validity: one year; renew annually.
Official forms & guidance:****
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SOS FAQ (who must register, fee, security, renewals): sos.state.tx.us/statdoc/faqs3400.shtml
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Form 3401 (Registration/Renewal Statement): PDF
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Form 3403 (Telephone Solicitation Bond): PDF
Common Chapter 302 exemptions (examples—not exhaustive):
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B2B resale/manufacturing use transactions.
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Food sales.
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Educational institutions and 501(c)(3) nonprofits.
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Former or current customers (narrowly applied—analyze with counsel).
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Retail establishments with the majority of sales at the physical store.
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Certain entities already regulated by other laws (e.g., some financial services, securities).
⚠️ Burden of proof: If you claim an exemption, you must prove it. Do not self‑classify casually.
Texas No-Call and What Counts as Telemarketing (Chapter 304)
Chapter 304 governs telemarketing and the Texas No‑Call List (which the state maintains and publishes quarterly, combining Texas registrations with the Texas portion of the national Do‑Not‑Call registry).
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“Telemarketing call” = unsolicited call to sell or extend credit (or to gather info for that purpose).
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“Telephone call” includes texts to mobile numbers.
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No‑Call scrubbing: You may not make a telemarketing call to a number on the Texas No‑Call List more than 60 days after it appears on the list (lists publish Jan 1, Apr 1, Jul 1, Oct 1).
Exemptions from 304 (high level):****
Calls in connection with an established business relationship (EBR), B2B calls (non‑fax), debt collection, certain state licensees that meet strict conditions, and consumer‑initiated contacts or responses to general media ads. Still, track opt‑outs and do‑not‑call preferences.
Caller ID / spoofing: Texas prohibits blocking, circumventing, or transmitting misleading Caller ID on telemarketing calls (branding a legitimate client name/number is permitted). While that section references “calls,” you should avoid short codes or headers that obscure identity in texts to stay aligned with the spirit of the rule and carrier policies.
Recipient Charges and Private Suits (Chapter 305)
Texas separately bans solicitation calls where the sender knows or should know the destination is a mobile number that will charge the recipient for that specific call without consent. While modern mobile plans often include unlimited texting, this section underpins Texas’ private right of action (and also references the federal TCPA) with $500–$1,500 per violation damages for knowing/intentional breaches. Violations of Chapter 305 are also made DTPA violations, opening up additional remedies.
Federal Rules You Still Must Follow
Texas sits on top of the federal TCPA/FCC regime:
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TCPA texts = “calls.” 47 C.F.R. § 64.1200 applies to SMS/MMS.
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Opt‑out revocation: Consumers can revoke consent by any reasonable method (including replying “STOP”); senders must honor within 10 business days; a one‑time confirmation may be sent. Portions of this rule have delayed effective dates, but the 10‑day processing and reasonable revocation are in place.
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Lead‑gen “one‑to‑one consent” update: The Eleventh Circuit vacated the FCC’s one‑to‑one consent rule; the FCC has removed it (Sept. 15, 2025). You still need prior express written consent for marketing texts sent with automated tools, and the consent must be clearly and conspicuously obtained.
Carrier/industry layer (10DLC + CTIA): US carriers require A2P 10DLC brand & campaign registration and adherence to CTIA Messaging Principles & Best Practices (e.g., identify the sender in the message, honor STOP/HELP, avoid prohibited content).
How to Configure SMBcrm for Texas-Ready SMS
Below are practical, platform‑level steps you can implement in SMBcrm today. (Related product pages: 2‑Way SMS, Mobile App, Done‑For‑You Services, and our SMS best‑practices posts under SMS Topics.)
- Decide if registration applies to you****
Work through the Chapter 302 exemptions. When in doubt, register and post security to reduce risk. (Use official Form 3401 and Form 3403.)
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Add a CRM field for “Texas 302 status” (e.g., Registered, Exempt—former/current customer, Exempt—B2B). Automate quarterly salesperson addenda exports from SMBcrm to simplify your filing.
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Capture & store consent clearly****
Use SMBcrm’s forms/automations to capture express written consent (checkbox + disclosure text + time/IP stamp).
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Save the consent scope (brand, message types, frequency).
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Keep this audit trail tied to each contact record. See our posts on goals and consent under SMS: Setting SMS Goals and Do’s & Don’ts.
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Honor STOP/HELP automatically****
In Workflows, add keyword listeners for STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT.
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Immediately set DNC = True (both Texas + Federal) and log the timestamp.
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Send a one‑time confirmation (“You’re opted out. No more messages.”).
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Process revocations within 10 business days (we recommend immediately).
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DNC scrubbing for Texas****
Maintain a global suppression list in SMBcrm.
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Before each campaign, scrub against the Texas No‑Call + National DNC (use your provider or a trusted DNC service).
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Track EBR status per contact; if the EBR terminates, time‑limit your outreach.
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10DLC and message construction****
Ensure your A2P 10DLC brand & campaign registration is current (via your messaging provider).
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Every marketing text should identify your business and include easy opt‑out instructions.
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Scheduling & rate limiting****
While Texas’ “quiet hours” statute targets voice calls to residential numbers, we recommend common‑sense texting windows (e.g., 8am–8pm local time) to reduce complaints and align with carrier norms. Use SMBcrm’s scheduling to respect recipient local time.
- Recordkeeping****
For each contact, store: consent source, consent text/version, message logs, STOP/HELP events, DNC status, and scrub dates.
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If you claim a 302 exemption, document the basis (e.g., prior purchase, B2B purpose) and link supporting records.
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Content categories****
Segment transactional (e.g., appointment reminders) vs. marketing. Only the latter triggers most telemarketing rules—but mis‑categorization is a common litigation issue. Document your rationale.
Penalties and Enforcement
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Chapter 302 (registration): Class A misdemeanor for certain violations (e.g., acting as a salesperson for an unregistered seller), civil penalties up to $5,000 per violation, and a statutory tie‑in to the DTPA, enabling private suits.
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Chapter 304 (No‑Call/telemarketing): AG or commissions can seek $1,000–$3,000 per violation administratively/civilly; consumers on the No‑Call list can—under procedure—bring private actions for repeat violations (up to $500 per violation); DTPA overlay added by SB 140.
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Chapter 305 (charged mobile calls/texts & TCPA incorporation): Private lawsuits for violations of 47 U.S.C. § 227 or Subchapter A with $500–$1,500 per violation; DTPA overlay added by SB 140.
Current Litigation Watch
A federal lawsuit (filed Sept. 1, 2025) challenges the scope and constitutionality of Texas’ registration requirement as applied to consent‑based text programs, arguing SB 140 burdens lawful commercial speech. As of this writing, a preliminary‑injunction hearing is expected this fall; the State has suggested SB 140 may not reach consent‑only text programs, but the statutory text is still being litigated. Monitor this closely with counsel.
Quick Compliance Checklist
□ Map where your texts originate and where recipients are located (Texas triggers apply to to or from the state).
□ Determine 302 status (register vs. exemption). If registering: file Form 3401, pay $200, post $10,000 security (Form 3403), calendar quarterly addenda.
□ Capture & store consent (written, clear, conspicuous; scope & brand).
□ Set up STOP/HELP automations and 10‑day revocation processing.
□ Scrub against the Texas No‑Call + National DNC before campaigns; track EBR.
□ Register 10DLC brand/campaign; identify sender and include opt‑out in every marketing text.
□ Segment transactional vs. marketing; schedule within sensible hours.
□ Log everything (consent, scrubs, messages, opt‑outs, exemption facts).
FAQ
If we text only existing customers, do we still need to register?
Maybe not, depending on your facts. Chapter 302 contains a former/current customer exemption, but it’s technical. Document the basis and talk with counsel. Even if exempt from registration, you still must comply with No‑Call, opt‑outs, and federal rules.
Do Texas “quiet hours” apply to texts?
Texas’ call‑time provisions (Chapter 301) focus on voice calls to residential numbers. For SMS, align sending times with carrier norms and consumer expectations to reduce complaints and risk.
What if a consumer opts out by texting something other than “STOP”?
Under the FCC’s reasonable method standard, any clear revocation must be honored (e.g., “unsubscribe,” “quit,” “don’t text me”). Automate keywords in SMBcrm.
What about the FCC’s “one-to-one consent” for lead-gen?
That rule was vacated by the Eleventh Circuit and removed by the FCC on Sept. 15, 2025. You still need valid prior express written consent for automated marketing texts; ensure your disclosure and scope are clear.
References
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Chapter 302 (registration, fees, security, addenda; DTPA overlay).
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Chapter 304 (No‑Call, definitions that include texts; Caller ID; DTPA overlay; private actions).
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Chapter 305 (mobile charges/consent; TCPA linkage; DTPA overlay; private actions).
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Texas SOS: Telephone Solicitation FAQ; Form 3401; Form 3403.
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FCC/TCPA (47 C.F.R. § 64.1200); revocation rules and timing; one‑to‑one vacatur and removal.
Related SMBcrm Resources
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Best-practice posts: Do’s & Don’ts of SMS Campaigns, SMS Marketing Guide, Top Benefits of SMS Marketing
Legal disclaimer: This post is not legal advice. It summarizes complex laws (Texas Business & Commerce Code Chapters 301-305 and federal TCPA/FCC rules) as of February 2026. Your obligations can vary depending on your use case, your recipients, your messaging provider, and ongoing litigation. Consult qualified counsel before relying on this guidance.
Get Your SMS Compliance Set Up in SMBcrm
SMBcrm includes built-in tools for consent tracking, STOP/HELP automation, DNC list management, and message logging to help you stay compliant with Texas SB 140 and federal TCPA requirements.
Start your free trial and configure compliant SMS workflows from day one, or schedule a demo to see how SMBcrm handles SMS compliance for your business.
