Texas Expands Marketing Law to Text Messages
Effective September 1, 2025
More information here.
What's New?
Who is affected?
- Businesses sending marketing texts to Texans.
- Texas-based businesses sending marketing texts.
Who is Exempt?
- Publicly traded companies & their subsidiaries
- Certain financial & educational institutions
- 501(c) (3) nonprofit organizations
- Businesses marketing food sales
- Established brick-and-mortar retailers operating under the same name for at least 2 years, with most sales made in-store.
- Businesses contacting existing customers, provided they have operated under the same name for at least 2 years.
Tip: Always review the law to confirm your exemption status.
How to Register (If Required)
1. Submit Application
Complete the form with the Texas Secretary of State and pay a $200 fee.
Link to form here
2. Post Security
Provide a $10,000 security deposit (e.g., Surety Bond, CD, Letter of Credit).
3. Renew Annually
Registration must be renewed each year to remain compliant.
Your registration is only valid once the Texas Secretary of State issues the official certificate. Simply submitting the application is not enough.
Security Details
Posting Your $10,000 Security
You have several options to meet the financial requirement. A Surety Bond is often the most convenient.
Registration is only valid upon receiving the certificate, not upon submission.
A certificate issued by a bank to a person depositing money for a specified length of time.
A letter from a bank guaranteeing that a buyer's payment to a seller will be received on time.
Recap
1. Review Practices
Confirm if your SMS marketing activities require you to register in Texas.
2. Consult Counsel
If affected, speak with a qualified lawyer to ensure full compliance.
3. Contact the State
Reach out to the Texas Secretary of State for additional guidance.
This material is provided for educational and informational purposes only and should not be considered legal advice. The information is general in nature and may not reflect the most current legal developments. Sendlane recommends that you consult with qualified legal counsel to ensure your use of our services complies with all applicable laws and regulations. Information is based on S.B. 140 amending the Texas Business and Commerce Code.
