🏷️ SMS campaigns and automations are unlocked with the SMS add-on.

New text messaging regulations have taken effect in Texas as of September 1, 2025. These changes may apply to your business, whether you’re based in the United States or internationally. If you send text messages to or from Texas, it’s important to review these requirements and take action to stay compliant.

⚠️ Important: This article provides an overview of the law, key changes, exemptions, registration requirements, and resources to help you prepare. This is intended to be educational. We recommend seeking legal advice to help your ensure compliance.

Overview of the Texas Text Messaging Law

Texas already enforces TCPA-related regulations, and by amending this law (also referred to as the Mini-TCPA), the state has expanded the definition of “telephone communications” to include text messages—covering SMS, MMS, and RCS.

For businesses engaged in text marketing with recipients in Texas, these changes introduce new compliance responsibilities and potential risks.

📖 Learn more: FAQs for form series 3400 - Telephone solicitation registration

What are the key changes to the law?

“Telephone solicitation” now includes texting.
The law previously focused on phone calls, but now it also applies to text, graphic, and image messages (SMS, MMS, and RCS).
Registration requirement.
Qualifying businesses must register with the Texas Secretary of State, pay a $200 annual fee, and submit a $10,000 security deposit.
Quiet Hours restrictions.
These apply to text messages in the same way they previously applied to calls.
Penalties for non-compliance.
- Fines up to $5,000 per violation
- Private citizens now have the right to bring lawsuits against businesses that violate the law

Who must comply?

The Texas Business and Commerce Code, which previously applied only to voice telephone calls, was amended to include text messages.

If you send marketing messages to Texas residents, or
If your business is located in Texas and sends marketing texts,

you may need to register your business with the Texas Secretary of State.

📖 Learn more:

Are there exemptions from the registration requirement?

Yes. The law exempts certain companies from the registration requirement. Exemptions include (but are not limited to):

Certain publicly traded companies and their subsidiaries
Certain financial institutions
Educational institutions
501(c)(3) nonprofits
Businesses marketing the sale of food
Retail sellers with brick-and-mortar locations (if operating under the same name for at least two years and a majority of sales occur at retail locations)
Businesses contacting their current or former customers (if operating under the same name for at least two years)

You’ll need to review the specific language of the law to confirm whether any exemptions apply to your business.

How do I register?

To comply with the law, businesses must register with the Texas Secretary of State. Registration requires submitting a completed form along with specific business details.

Fee: $200 (renewed annually)
Security deposit: $10,000, required in one of the following forms:
- A bond executed by a corporate surety (commonly a Surety Bond)
- An irrevocable letter of credit
- A certificate of deposit

Most businesses choose a Surety Bond, which allows you to pay a small annual premium instead of posting the full $10,000. A Certificate of Deposit or Letter of Credit may also be used to demonstrate available funds.

⚠️ Important: Your registration is only valid once the Texas Secretary of State issues your certificate—submitting the application alone is not enough.

Next steps for your business

Assess your business practices. Determine whether your text marketing activities fall under the new law.
Check for exemptions. Confirm if your business qualifies for one of the listed exemptions.
Register if required. Complete the registration process
Seek legal advice. Consult qualified legal counsel to ensure compliance and reduce risk.
Stay informed. Contact the Texas Secretary of State for guidance or updates.