What consent is required for SMS Compliance in Texas?

Texas has a mini-TCPA (Tex. Bus. & Com. Code Ch. 302 & Ch. 304) that imposes stricter consent rules than federal TCPA. Prior express written consent is generally required.

What are the calling hour restrictions in Texas?

Texas restricts telemarketing calls to 09:00:00–21:00:00 local time.

What is the penalty per violation in Texas?

Up to $500 per violation (or $1,500 for willful violations). Private right of action available.

Is registration required to telemarket in Texas?

Yes — Texas requires telemarketer registration before placing calls.

Home / States / Texas

Texas Telecom Compliance Guide

Telecom Compliance Reference — Updated September 2025

Mini-TCPA State — High Risk

Calling Hours

9:00 AM–9:00 PM

Min Penalty

$500

Registration

Required

Overview Calling Hours Consent Registration DNC Compliance DNC Registry Enforcement Case Law Legislation

Texas SMS Compliance Compliance

Text message marketing compliance rules in Texas

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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.

Full consent requirements for all channels →

Calling Rules

Calling Hours9:00 AM – 9:00 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 →