Texas SMS/MMS Marketing Rule (SB 140) — Effective September 1, 2025
Texas Senate Bill 140 amends the Texas “Mini-TCPA” to treat SMS and MMS marketing messages as telemarketing calls. This introduces new registration, timing, and enforcement rules for businesses.
Who Must Comply
You may need to comply if you:
Send marketing text messages to recipients in Texas
Unless you qualify for an exemption under Chapter 302 of the Texas Business & Commerce Code, you must register.
Registration with the Secretary of State
Most marketers must register before sending marketing texts in or into Texas.
Requirements:
File Form 3401 (per business location; renew annually)
Pay a $200 filing fee (per location/per filing)
Provide a $10,000 security deposit (surety bond, letter of credit, or certificate of deposit)
Appoint the Secretary of State as Agent for Service and provide the required documentation
More details and FAQs: Texas Secretary of State FAQ
Quiet Hours (Send-Time Restrictions)
Texas law sets restricted hours for solicitation messages based on the recipient’s local time:
Monday–Saturday: No texts between 9:00 p.m. – 9:00 a.m.
Sunday: No texts before 12:00 p.m. or after 9:00 p.m.
These restrictions come from Chapter 301 and now apply to SMS/MMS under SB 140.
Penalties & Enforcement
Violations may result in:
Civil penalties of up to $5,000 per message
Expanded enforcement authority
Private legal actions
Exemptions (High-Level)
Some organizations are exempt from registration under Chapter 302, including:
Certain messages to existing customers
Responses to a consumer’s express request
Organizations regulated under other laws
Certain nonprofit and educational institutions
Review the full statute here: Texas Business & Commerce Code Chapter 302
Quick Compliance Checklist
Assess applicability: Are you sending marketing texts to Texas recipients or from Texas?
Check exemptions: Confirm with counsel if exemptions apply.
Register if required: File Form 3401, pay the fee, and secure the $10,000 bond.
Respect quiet hours: Configure campaigns to comply with time restrictions.
Maintain records: Keep scripts and compliance documentation per Chapter 302.
FAQs
Does this apply to informational or transactional texts?
SB 140 targets solicitations. Purely informational or transactional texts may fall outside.
We’re not based in Texas do we still need to register?
Yes, if you send marketing messages to Texas residents, regardless of where you operate.
What if I’m unsure whether recipients are in Texas?
Validate recipient location data, or exclude uncertain contacts until verified.
