What is Texas Senate Bill 140?

Texas Senate Bill 140 (SB 140) is a new law that went into effect on September 1, 2025. SB 140 modernizes the state’s current telemarketing regulations pertaining to how local and global marketers communicate with Texas residents. SB 140 is often referred to as Texas’s “Mini-TCPA,” because it’s a state-level law that works alongside the federal Telephone Consumer Protection Act (TCPA).

Enter ‘text messages‘

The beating heart of Texas SB 140 is that it shifts global marketing power to the consumer by closing loopholes that previously excluded text messages from telemarketing laws. expanding the definition and scope of what constitutes a “telephone solicitation” or “telephone call.“

Before diving into SB140’s new provisions, it’s important to understand that the heart of this law centers on its current definition of “telephone solicitation” as it’s defined under the federal TCPA:

"...the initiation of a telephone call or message for the purpose of encouraging the (1) purchase or rental of  OR  (2) investment in property, goods, or services, which is transmitted to any person."

With SB 140’s new provisions, that definition has now been expanded to also include:

• Text messages (SMS)
• Multimedia messages (MMS, images),
• RCS messages, and
• any other digital solicitation communication methods used to target a Texas resident

It also tightens the enforcement mechanisms (private DTPA claims), codifies stronger remedies, and adds new registration/reporting/bonding obligations for certain marketers. 

A few exceptions

• Company has obtained prior express written permission;
• Company has an established business relationship with the customer (minimum 2 years without change in business name); or
• is a tax exempt 501(c)(3) nonprofit organization.

The law introduces strict requirements and a direct path for private lawsuits through the Texas Deceptive Trade Practices Act (DTPA), which is codified under Title 2, Chapter 17 of the Texas Business and Commerce Code. This new introduction makes legal exposure much more immediate and costly for non-compliance.

Step 1: Register with the Texas Secretary of State

Before you resume or begin your messsage marketing campaign, it’s critical that your business rethink its current SMS marketing campaigns pertaining to Texas residents (by area code and/or zip code). And the first step is to determine whether your business is required to register with the Texas Secretary of State’s office (TX SOS).

Unless a statutory exemption applies, you will need to fill out the SB 140 registration form.

Block off your calendar

Plan to spend approximately 2-3 hours filling out the application, however, this time block will depend on each individual’s circumstances. As you fill out the form, you will most likely be asked to provide the following information:

• Business Identification: This includes the company’s legal name, any “Doing Business As” (DBA) names, and the primary business address.

• Agent for Service of Process: The name and contact information for an individual or company in Texas that can receive legal documents on behalf of the business.

• Key Personnel: The names, titles, and addresses of the company’s owners and officers.

• Salesperson Information: A list of the salespeople or representatives who will be making the solicitations.

#1 – Pay the annual $200 registration fee

This $200 fee is an upfront, non-refundable administrative cost that businesses must pay to the Texas Secretary of State to maintain their registration. This fee helps fund the office’s work in managing the registry and ensuring compliance.

#2 – Post a $10,000 security deposit (surety bond, LOC, CD)

The $10,000 security deposit is a financial guarantee that often takes the form of a surety bond. Here, the $10,000 bond acts like an insurance policy, ensuring that if a business is found in violation of the law and ordered to pay fines or penalties, the state has a dedicated source of funds to collect from.

But don’t worry, businesses don’t have to cough up the entire amount to be approved with the State of Texas. Instead, there are alternative options such as a letter of credit (LOC) or a certificate of deposit (CD).

Step 2: Obtain “prior express written consent”

Your business location doesn’t matter

Any business, no matter where it’s located, must be aware of and comply with Texas SB140 if they intentionally or knowingly send automated messages into the State of Texas. While SB140 is a landmark change to Texas’s telecommunications law, its widespread effect can be felt INSIDE and OUTSIDE of the United States.

Before you resume/start your Texas-based marketing campaign…

Can a business send a Texas resident an SMS text message simply informing them about the new Texas SB140 law BEFORE the marketing campaign?

NO. While this seems practical, this is where SB140 shifts the entire process, creating a paradox: you can't even send an informative message about the law itself, unless you already have consent to do so. 

Instead, SB140 imposes the prior express written consent requirement before a business is legally allowed to send any further text-based marketing messages to a Texas resident. Here, the focus shifts entirely from WHAT you send to HOW you obtain customer permission to send anything at all.

What is “express written consent?”

#1 – Clear Disclosure

The business would need to have a clear statement right next to the “sign up” field that makes it explicitly clear to customers exactly what they’re signing up for.

Example: “By providing your phone number, you agree to receive recurring automated marketing text messages. Consent is NOT a condition of purchase.” 

#2 – Affirmative Act

The individual must take a specific, deliberate action to show their “express written consent. This means that the Texas recipient MUST take their own independent step to give that consent; consent cannot be “automatically imposed” by the company.

Examples include:
1) Checking a box (they must do it; it cannot be pre-checked for them)
2) Typing in a phone number + clicking a "Sign Up" button
3) Sending a specific keyword such as "JOIN" or "SUBSCRIBE" to a shortcode.

#3 – Opt-Out Information

The initial message a Texas recipient receives after signing up with your business must also include instructions on how to stop the messages at any time.

Example: Sending or replying to a shortcode SMS with a specific keyword like “STOP" or “UNSUBSCRIBE."

Harsh Penalties for Non-Compliance

SB 140 enforcement can come from private plaintiffs (via DTPA causes of action) and from state actors. Historically, the Texas Attorney General has had enforcement power in consumer protection matters, and can enforce civil penalties of up to $5,000 per violation.

Under the new law, a single text message sent in violation of the law can be considered a single violation.

Private Lawsuits

This is where the greatest risk for marketers lies, because SB 140 violations are now considered “deceptive trade practices” under the Texas DTPA. With SB 140’s power, the DTPA now allows consumers to sue a business directly without having to go through state channels. This also includes the ability to bring a class action lawsuit.

Damages

As far as damages are concerned, a court can award:

• Economic damages (the consumer’s actual financial loss);
• Attorney’s fees and court costs;
• Treble damages if the violation is found to be “knowing” or “intentional,” the court can award the consumer up to three times their economic damages!

No Cap on Recovery

This opens the door to potential lawsuits from multiple individuals, of which there is no frequency cap on how many times a business can be sued. In other words, a claimant can sue for and recover damages for repeated violations in separate lawsuits.

Federal Law (TCPA) vs. State Law (SB140 + DTPA)

It’s very important to understand that SB140 DOES NOT REPLACE the federal TCPA; an individual can face both federal TCPA claims and state SB140 + DTPA claims. 

Federal TCPA

The core purpose of the TCPA is to protect consumer privacy by restricting the use of automated telephone equipment, like autodialers and prerecorded voice messages, at a national level. It also created the National Do-Not-Call Registry.

Scope

This law primarily regulates phone calls and faxes. It requires “prior express consent” for most calls made using an autodialer and also has rules for calls to numbers on the Do-Not-Call Registry.

Penalties and Enforcement

Under the TCPA, consumers can sue for STATUTORY DAMAGES at $500 per violation. These damages can be TRIPLED to $1,500 for knowing or willful violations.

There is a private right of action, which means a consumer can sue without a government agency getting involved (e.g. Texas Attorney General’s Office).

Texas SB 140

SB140 is Texas’s specific, modern response to telemarketing communications. Its purpose is to create a more robust set of rules for telemarketing within the state, specifically for text messages, which were not as explicitly covered by the TCPA’s original language. For this reason, the law is often referred to as a “mini-TCPA.”

Scope

This law has a much broader definition of “telephone solicitation.” It explicitly covers automated voice calls, SMS, MMS, and RCS text messages. Crucially, it requires “prior express written consent” for these messages, a higher standard than the TCPA’s “prior express consent” standard.

Penalties and Enforcement

The Texas Attorney General can seek civil penalties of up to $5,000 per violation. A violation of SB 140 is now considered a “deceptive act” under the DTPA. This allows for a private right of action and can lead to treble damages (3x the awarded damages).

Texas DPTA

The Texas Deceptive Trade Practices Act (DPTA), however, is much broader. Its purpose is to protect consumers from a wide range of “false, misleading, or deceptive acts or practices” in any business transaction, including telemarketing. Think of it as a powerful legal tool that can be used to enforce violations of SB 140.

Scope

The DPTA doesn’t regulate a specific type of communication. Instead, it serves as a powerful enforcement mechanism. A violation of SB 140 (like sending an unsolicited text) can be considered a “deceptive act” under the DTPA.

Penalties and Enforcement

This is the most powerful tool for consumers. Under the DPTA, a person who proves a deceptive act can recover economic damages, and if the act was “knowing” or “intentional,” they can recover up to 3X their damages, along with attorney’s fees.

Connecting the dots…

This powerful extension of Texas’s jurisdictional reach shifts the power to the consumer, while imposing new business registration requirements and extremely harsh penalties for those who fail to comply.

• TCPA provides a federal floor for compliance.
• SB 140 adds a stricter, Texas-specific set of rules.
• DTPA provides the legal teeth for consumers to sue and recover significant damages for violations of SB 140.

Stay tuned for more Insights!