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TX

Telecom Compliance Reference — Updated September 2025

Mini-TCPA State — High Risk

Calling Hours

9:00 AM9:00 PM

Min Penalty

$500

Registration

Required

Texas SMS Compliance Compliance

Text message marketing compliance rules in Texas

Mini-TCPA State — Tex. Bus. & Com. Code Ch. 302 & Ch. 304

Texas has enacted a state-level TCPA that goes beyond federal requirements. Federal compliance alone is not enough for SMS Compliance operations here.

Consent Requirements

Consent LevelPrior Express
Checkbox ConsentValid
StatuteTex. Bus. & Com. Code Ch. 302 (as amended by SB 140); Ch. 304

SB 140 was the game-changer for SMS in Texas. Before September 2025, text messages were arguably outside Ch. 302. Now they are explicitly included. Consent-based text marketing is exempt from registration (per EIA v. Texas settlement), but unsolicited commercial texts are subject to the full Ch. 302/304 regime including DTPA liability. Calling hour restrictions apply to texts — no marketing texts before 9am weekdays or before noon Sunday. The FCC one-to-one consent rule (Jan 2025) compounds risk for purchased lead lists. Consent must be specific to your company for both federal TCPA and Texas DTPA protection.

Calling Rules

Calling Hours9:00 AM9:00 PM

Stricter than federal 8AM–9PM

RegistrationRequired
Penalty / Violation$500
Willful Violation$1,500
Private Right of ActionYES

SMS Compliance Compliance Checklist

01Obtain express written consent before sending marketing texts
02Use compliant opt-in language identifying your company
03Honor STOP/OPT-OUT/UNSUBSCRIBE replies immediately
04Send opt-out confirmation within one text
05Disclose message frequency at opt-in
06Include "Msg & Data rates may apply" disclosure
07Do not send texts during prohibited hours
08Scrub against DNC lists before campaigns
09Check if state requires one-to-one consent
10Register 10DLC campaigns before sending
This checklist covers common requirements. State-specific rules may vary. Confirm with legal counsel for high-volume campaigns.

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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →