Texas Expands SMS Regulations: What Businesses Must Do Under SB 140
Starting Sept 1, 2025, Texas SB 140 extends telemarketing laws to SMS, MMS, and RCS messages. Learn about quiet hours, registration rules, and fines for non-compliance.
On September 1, 2025, a new Texas regulation takes effect that changes the way companies can send text messages to consumers in the state. Senate Bill 140 (SB 140) broadens existing telemarketing laws—sometimes referred to as the Texas Mini-TCPA—to specifically cover text-based communications.
This expansion impacts any business that texts Texas residents, regardless of where the company is located. Here’s what you need to know.
Why the change matters
Until now, Texas laws mainly regulated unwanted phone calls. With SB 140, the definition of “telephone solicitation” is being updated to also include SMS, MMS, and RCS messaging. That means any business conducting marketing outreach by text is now squarely within the scope of the law and risk fines for now following requirements and regulations.
Key changes you need to know
Texting now falls under “Telephone solicitation”
Any promotional or business text message falls under the same rules as telemarketing calls.
Quiet hours extended to texts
Quiet hours already exist in Texas Business and Commercial Code for phone calls. But now, businesses must also avoid sending unsolicited texts during restricted hours.
Mandatory business registration
Most businesses will need to take three steps:
- Register with the Texas Secretary of State
- Pay a $200 annual fee
- Provide a $10,000 bond / security deposit
➝ More details and registration forms are available on the Texas Secretary of State website.
Exemptions
Not every organization is required to register, you should evaluate your situation to determine whether your case is exempt. Find the full list of exemptions here.
What happens if you don’t comply?
The penalties for ignoring these requirements are steep. Each violation may trigger a fine of up to $5,000, and the law also grants private citizens the right to sue businesses directly for violations.
How SimpleTexting supports SMS compliance
Managing compliance can be complex, but SimpleTexting makes it easier. Our messaging tools help you:
- Track and store consent records
- Easily segment your audiences
- Automate quiet hours
- Maintain audit-ready compliance logs
Need expert help? Our team is available 24/7 to walk you through using SimpleTexting messaging features — simply contact us.
Disclaimer: This content is for educational purposes only and does not constitute legal advice.
If you have questions regarding the new Texas law, please consult with your regulatory or compliance advisers.