If your business sends marketing text messages, you’ll want to be aware of new regulations that took effect in Texas on September 1, 2025.
The state has expanded its existing telephone solicitation laws to include SMS, which may require certain businesses to register with the Texas Secretary of State before continuing to send marketing texts to residents of Texas or from within Texas.
This article summarizes what’s changing, who may be exempt, and how to register if needed. It is intended to help you understand the key points, but it is not legal advice.
Table of contents
Understanding Texas rules for marketing texts
What’s changing?
Are there exemptions?
How do I register?
Next steps
Resources
Understanding Texas rules for marketing texts
This material is provided strictly for informational and educational purposes and should not be treated as legal guidance. The details shared here are general and may not represent the most current developments. Ontraport recommends that you seek advice from a licensed attorney to ensure your business remains compliant with the applicable regulations when using our services.
What’s changing?
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Recent amendments to the Texas Business and Commerce Code, which previously only applied to voice calls, now extend to text messages. This expansion means that businesses sending marketing texts to Texas residents, or those located in Texas and sending such messages, may be required to register with the Texas Secretary of State. These new requirements take effect on September 1, 2025.
You should review the legislation to see if it applies to your organization. Here are direct links:
- Current statute: Texas Business and Commerce Code § 302.001, et seq.
- Amendments effective September 1, 2025 (redefining “telephone solicitation” to include text messaging): S.B. 140
Are there exemptions?
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Certain organizations do not have to register. Exemptions include, but are not limited to:
- Publicly traded corporations and their subsidiaries
- Specific financial institutions
- Accredited educational institutions
- Nonprofits under 501(c)(3)
- Companies marketing food products
- Retail businesses with physical stores that have operated under the same name for two years and primarily sell at those locations
- Businesses reaching out to existing or former customers if operating under the same business name for at least two years
You will need to read the statute carefully to confirm whether any exemption applies to your business.
How do I register?
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The registration process with the Texas Secretary of State requires specific forms and information.
- Application fee: $200, with renewal required annually
- Security deposit: $10,000, provided as one of the following:
- A bond issued by a corporate surety
- An irrevocable letter of credit
- Certain types of certificates of deposit
For many businesses, the most practical path is obtaining a Surety Bond, which involves paying an annual fee rather than depositing the full $10,000. Alternatives include using a Certificate of Deposit or Letter of Credit to demonstrate funds.
Note that your registration only becomes valid once the Secretary of State issues the official certificate, not at the time you file your application. Alternatively, if your attorney agrees that not sending to Texas area codes constitutes compliance, then you could simply unsubscribe all contacts who have Texas area codes from marketing SMS.
We shared an automation in the marketplace which demonstrates how to do this.
Next steps
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These changes make it essential to evaluate your text marketing activities and confirm whether registration in Texas is necessary. If you believe the new requirements may affect your business, we encourage you to consult a qualified attorney well before the September 1, 2025 deadline.
You may also contact the Texas Secretary of State for further details or guidance.
Resources
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Check out these helpful resources to learn more about the regulations and how to stay compliant.
