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Texas SMS Marketing: What Changed, Who Must Register, and Why Many Local Businesses Are Likely Exempt

Effective September 1, 2025, Texas expanded its telemarketing law to include SMS/MMS. This guide explains what that means, how to register (if needed), why many appointment-setting campaigns are likely exempt, what records to keep, and our legal disclaimer.

At a Glance

New scope "Telephone solicitation" now expressly includes texts, graphics, and images—not only voice calls.

If exempt: Registration is not required, but you must be able to prove your exemption applies.

If not exempt: Register with TX Secretary of State, pay the $200 filing fee, and post $10,000 security (bond/CD/cash).

Texas Law Now Includes SMS Marketing

Texas amended Business & Commerce Code Chapter 302 so that "telephone solicitation" explicitly includes text (SMS), MMS, and image messages. Several legal advisories summarize the change and enforcement posture: Roth Jackson, Coblentz, Alston & Bird.

Note: The statute is interpreted broadly to protect consumers; waivers of its protections are void. This article does not constitute legal advice. If you are in doubt, speak with legal counsel.

How to Complete Registration (If You’re Not Exempt)

1) Prepare your filing

  • Review the TX SOS Telephone Solicitation FAQ (Form Series 3400) for requirements, fees, and acceptable forms of security.
  • Obtain and complete the Telephone Solicitation Registration forms (application and required disclosures). If you can't find the specific PDF/Word links, use the SOS site search for "telephone solicitation registration": SOS Search.
  • Have documents notarized where required.

2) Pay the filing fee

The filing fee is $200 (per registration). See SOS FAQ for current fee confirmation and remittance instructions.

3) Post the $10,000 security

You must provide a $10,000 security in one of these forms (choose one):

  • Surety Bond (common - does not cost you $10,000 you can typically get for ~$100)
  • Certificate of Deposit (assigned to the state)
  • Cash bond

If you choose a bond, providers offer low-cost options. Example: Texas Telephone Solicitation Bond (third-party site).

4) Submit to the Texas Secretary of State

Submit by mail to the Registrations Unit (see address and any updated submission options on the SOS site): SOS FAQ & Contacts.

5) Renew & update

  • Registration term: 1 year (renew annually).
  • Quarterly addenda: File updates listing solicitors and material changes since the last filing.
Tip: Keep copies of everything you file. Post your registration certificate at the business location where solicitations occur (as required by the statute).

Why Many Local Businesses Are Likely Exempt

Two common exemptions in Chapter 302 often fit local, appointment-driven outreach:

  1. Appointment-setting only (no sales over text): If your texts do not intend to complete or provisionally accept a sale, do not include a "major sales presentation," and do not arrange for payment or delivery to follow immediately after the message, the interaction can qualify as exempt.
  2. Former/current customers + 2-year same-name operation: Messages to former or current customers are exempt if you have operated under the same business name for at least two years.

Read the statute text and consult legal counsel to confirm how these apply to your exact outreach: Texas Bus. & Comm. Code, Ch. 302.

Important: Exemptions are fact-specific. If your texts start to pitch pricing, limited-time offers, payment, or delivery arrangements, you may fall outside the exemption.

Burden of Proof: Don’t Lose Your Evidence

Under Texas law, you must be able to prove your exemption if challenged. That means preserving:

  • Message content showing the purpose is to gather info and book appointments, not to close sales via text.
  • Customer relationship status (former/current), with timestamps and CRM history.
  • Business continuity evidence (operating under the same name for 2+ years).
  • Consent & opt-out logs (opt-ins, opt-outs, time stamps, and handling of quiet hours if applicable).
Do not delete your account or message history if you rely on exemptions. Losing records could undermine your ability to prove compliance.

Is Registering the “Safe Side” Move?

Registering can be a conservative strategy that reduces ambiguity, especially given the risk of enforcement actions and private litigation under Texas consumer protection laws. Helpful overviews: Alston & Bird, Roth Jackson, Coblentz.

That said, if your use case squarely meets the exemptions (appointment-setting only; former/current customers; 2+ years same name), you may reasonably proceed without registering—provided you keep strong documentation and accept the residual risk. Discuss with legal counsel.

Attorney Reminder & BRAYV.AI Disclaimer

We're not your lawyers. Always consult a qualified attorney to confirm whether your outreach falls under an exemption or requires registration and to set policies for consent, quiet hours, opt-outs, and record retention.

Platform-only: BRAYV.AI LLC provides a messaging/calling platform. We do not provide legal advice and are not liable for your compliance or non-compliance with Texas or any other law.

From our terms of service:

"BRAYV.AI LLC provides messaging/calling platform services only and is not responsible for your legal compliance with Texas telemarketing law (Chapter 302). Your business is solely responsible for determining whether registration is required, maintaining records to support any claimed exemptions, and complying with all applicable laws. Seek legal counsel to assess your obligations."

Helpful Resources

This page is provided for informational purposes only and is not legal advice. Always verify fees, forms, and submission addresses on the Texas Secretary of State's website before filing; requirements can change.

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