The State of Texas has introduced new compliance requirements that affect how companies send marketing text messages to residents within the state. Senate Bill 140 (SB 140) amends the Texas Business & Commerce Code to strengthen consumer protections against unwanted or deceptive text message solicitations. While the law’s intent is to reduce spam and fraudulent messaging, it also introduces a new registration requirement for businesses engaging in text-based marketing communications.
Below, we summarize what this law entails, who it applies to, and how organizations using SMS marketing software—such as Trumpia—can assist our customers in preparing for these new compliance standards.
Disclaimer: This content is for educational purposes only and does not constitute legal advice. To make a final determination, you should consult your legal counsel to confirm how the Texas texting law applies to your specific operations.
Background: Why Texas Passed SB 140
In recent years, the Federal Communications Commission (FCC) and several states have tightened rules around telemarketing and text message solicitations. Texas joined this trend by passing SB 140 in 2025.
The legislation updates Chapter 302 of the Texas Business & Commerce Code—the same section that governs telephone solicitation—to include text messages as a form of “solicitation communication.”
The new measure aims to protect consumers from unauthorized, misleading, or aggressive text message marketing campaigns. It aligns Texas’ state-level protections with federal telemarketing laws, such as the Telephone Consumer Protection Act (TCPA), but adds an additional layer of compliance specific to text messaging.
Overview of the New Requirements
The most notable change introduced by SB 140 is the registration requirement for entities that send marketing or solicitation text messages to Texas residents.
Under the new law, certain businesses must register with the Texas Secretary of State before sending commercial text messages. This process involves submitting Form 3401, paying an associated registration fee, and following the ongoing disclosure obligations set by the state.
1. Registration and Form 3401
Companies required to register must complete and file Form 3401 with the Texas Secretary of State. This form collects details about the business entity, including:
- The name and address of the company sending the messages.
- The officers or directors responsible for operations.
- The types of goods or services being promoted.
- A declaration affirming that the company complies with relevant consumer protection laws.
Once approved, registration grants legal authorization to send marketing text messages to Texas residents, subject to the restrictions outlined in the Business & Commerce Code.
2. Fees and Renewal
The form requires payment of a filing fee. While the exact amount may change periodically, it is generally modest compared to potential penalties for noncompliance. Registrations must typically be renewed annually or whenever significant business information changes.
3. Required Disclosures
Registered businesses must include certain disclosures in their communications, including accurate sender identification and clear opt-out instructions. Failure to provide these disclosures may result in administrative penalties or enforcement actions from the Texas Attorney General.
Who Must Register (and Who Is Exempt)
Not every company or organization that sends text messages is subject to these new requirements. SB 140 specifies several exemptions that exclude many common use cases for legitimate business and customer communications.
Exempt Entities
According to the bill, the following are generally exempt from registration:
- Transactional or relationship-based messages (such as account notifications, appointment reminders, or delivery confirmations).
- Nonprofit organizations and political campaigns communicating with members, donors, or constituents.
- Businesses communicating with existing customers in connection with ongoing transactions or services.
- Manufacturers and original equipment manufacturers (OEMs) that send informational or service-related messages rather than promotional solicitations.
Because most Trumpia clients use SMS for opt-in notifications, internal communications, or existing customer engagement, these new requirements likely do not apply to most ${TRM/OEM} customers.
Nevertheless, each business must carefully evaluate its specific message content and purpose. If your messages promote products or services to individuals in Texas without an existing relationship or consent, you should consult your legal counsel to determine whether registration is necessary.
How to Determine If You Need to Register
To assess whether your organization needs to comply, consider the following steps:
- Review your audience.
Determine if any of your SMS campaigns reach phone numbers with Texas area codes or zip codes. - Analyze message purpose.
Ask whether the message is purely transactional (e.g., confirming an appointment) or promotional (e.g., advertising a new offer). - Confirm opt-in and consent practices.
Even exempt organizations should maintain clear consent records for every recipient. - Consult legal counsel.
Because the scope of exemptions may vary by case, legal review is the safest path before sending any marketing text messages to Texas residents.
If you determine that registration applies, submit Form 3401 promptly and pay the required fee. If it does not, consider maintaining documentation of your exemption to show compliance if ever questioned by regulators.
Managing Your Contact Lists
For organizations choosing to avoid sending marketing messages to Texas residents, list hygiene becomes essential.
Most SMS marketing platforms, including Trumpia, offer contact clean-up and filtering tools that can:
- Identify phone numbers with Texas area codes.
- Filter contacts by state or zip code.
- Exclude or segment Texas recipients from campaigns.
- Maintain opt-out preferences and compliance logs.
These features help ensure your business only communicates with legally authorized recipients, reducing the risk of violations or consumer complaints.
Enforcement and Penalties
Violating the Texas texting law can lead to administrative penalties and civil enforcement actions. The Texas Attorney General has the authority to investigate and prosecute businesses that fail to register or that send misleading or deceptive text messages.
Possible consequences include:
- Civil fines per unauthorized message sent.
- Revocation of registration for repeated violations.
- Court injunctions preventing further solicitations.
In addition, federal regulators such as the FCC or FTC may impose overlapping penalties under the TCPA if messages were sent without prior consent.
Given the potential financial and reputational risk, even exempt businesses should take proactive measures to maintain clean, compliant SMS marketing practices.
What Businesses Should Do Now
To summarize, businesses using SMS marketing to reach Texas residents should take the following steps:
- Determine applicability. Review the definitions and exemptions in SB 140 and Chapter 302 of the Texas Business & Commerce Code.
- Seek legal guidance. Because interpretations may vary, confirm your compliance obligations with qualified legal counsel.
- File Form 3401 if required. Register promptly to avoid any disruption in your messaging campaigns.
- Audit contact lists. Use available tools to remove or flag Texas contacts if you prefer to avoid registration.
- Document compliance actions. Keep proof of registration, exemption analysis, and consent logs for your records.
By acting now, businesses can maintain compliance while continuing to build trust with customers through responsible messaging.
Final Thoughts
Texas’ new texting law represents another step in the broader evolution of digital communication regulation. States are increasingly taking initiative to protect residents from unsolicited messages, requiring marketers to adopt more transparent, opt-in-based practices.
For most legitimate organizations—especially those that rely on opt-in, permission-based SMS communications—the practical impact of this new law should be minimal. Still, staying informed and maintaining proper compliance documentation is essential for every business operating across state lines.
Disclaimer: This content is for educational purposes only and does not constitute legal advice. You should consult your legal counsel to confirm how the Texas texting law applies to your specific operations.
