New Texas SMS Law (SB 140) – What You Need to Know

Effective Date: September 1, 2025

A new Texas law, Senate Bill 140 (SB 140), changes how businesses can send marketing text messages (SMS/MMS) to Texas residents. This law expands the state’s existing “telephone solicitation” rules to include text messages and introduces stricter requirements and penalties.

At Marketingplex, we want to make sure you understand what this means for your business.

Who Does This Apply To?

• This law only applies if you are sending marketing messages to Texas contacts.

• If you are not sending SMS to Texas residents, this law does not apply to you.

Registration Requirements

Most businesses sending marketing texts to Texas residents must:

1. Register with the Texas Secretary of State, using Form 3401.

2. Pay a $200 annual fee.

3. Provide a $10,000 security deposit (via surety bond, letter of credit, or certificate of deposit).

Exemptions

Registration may not be required if you are:

• A publicly traded company,

• A 501(c)(3) nonprofit,

• A financial or educational institution,

• A food seller,

• A retailer operating under the same business name for at least 2 years,

• Or contacting current or former customers under the same name for at least 2 years.

Quiet Hours (When You Can Send Messages)

Marketing texts can only be sent:

• Monday–Saturday: 9:00 a.m. – 9:00 p.m.

• Sunday: 12:00 p.m. – 9:00 p.m.

Penalties for Violations

Non-compliance is costly. Penalties include:

• Up to $5,000 per illegal message,

• Consumers can sue directly (no agency complaint needed),

• Possible triple damages plus attorney’s fees under Texas law.

What This Means for Marketingplex Users

Marketingplex provides the platform to send SMS messages.
However, it is your responsibility to:

• Understand the laws in the states you are marketing to,

• Register if required,

• Follow quiet hours and consent rules,

• Keep records of opt-ins and opt-outs.

Helpful Resources

• Registration Form 3401: https://www.sos.state.tx.us/statdoc/forms/3401.pdf

• Texas Secretary of State FAQ: https://www.sos.state.tx.us/statdoc/faqs3400.shtml

Reminder: Marketingplex does not provide legal advice. Please consult with your attorney or compliance team to confirm whether this law applies to your business.