Texas Mini-TCPA (SB 140) — SMS Now Covered (Effective Sept 1, 2025)
Texas has amended Chapter 302 to include
text messages
. If you send marketing SMS
to Texas residents
or
from Texas
, you may need to
register with the Texas SOS
,
post a bond
, and adhere to additional regulations. Please be aware that penalties and exposure to private lawsuits will increase after
1st September 2025
.
– “Sellers” and “telephone solicitors” sending marketing SMS:
-
TO
Texas residents (regardless of your location), or
-
FROM
a Texas location (regardless of whom you message)
-
Review your audience & location
(ensure you know if recipients are in TX or if you are sending from TX).
-
Segment wisely
(consider excluding TX numbers if you do not plan to register—this does not apply if your location is in TX).
-
Strengthen consent
(ensure provable opt-in).
-
Enable “Texas Mode” safeguards
(as demonstrated in the Loom): verify registration, confirm consent, ensure DND is off, and send only
8am–9pm recipient local time
.
-
Consult legal counsel
regarding exemptions and registration.
This document is for educational purposes only and does not constitute legal advice. Please consult your attorney.
