Important Update: Texas Senate Bill 140 and Your Text Marketing

Important Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Every business situation is unique, and you should consult with qualified legal counsel to understand your specific obligations under Texas SB140.

What You Need to Know

Starting September 1, 2025, Texas Senate Bill 140 (SB140) introduces significant changes to how businesses can send promotional text messages to Texas residents. As your trusted technology partner, Bravo wants to ensure you're informed about these upcoming requirements.

Please note: This legislation is not related to Bravo Point of Sale in any way. We're sharing this information to help our Texas customers stay informed about regulations that may impact their marketing practices.

The Bottom Line

SB140 expands Texas telemarketing regulations to cover SMS and MMS messages used for promotional purposes. Depending on your business type and messaging practices, you may need to register with the Texas Secretary of State or qualify for specific exemptions.

Key Changes Taking Effect

Expanded Definition of Solicitation Text messages that promote products or services now fall under Texas telemarketing laws, similar to traditional phone calls.

Registration Requirements Businesses sending promotional texts may need to:

  • Register with the Texas Secretary of State
  • Pay a $200 annual filing fee
  • Provide a $10,000 security deposit
  • Submit detailed business information

Enhanced Enforcement Violations now carry increased penalties and can be pursued through the Texas Deceptive Trade Practices Act, potentially resulting in significant fines and legal action.

Important Note: SB140 applies specifically to promotional or marketing messages. Transactional messages like payment reminders are generally not considered solicitations under this law.

Does This Apply to Your Business?

You May Be Exempt If You Are:

  • Publicly traded corporations or regulated financial institutions
  • Existing customer communications - messaging current or former customers about your products/services
  • Nonprofit organizations (501(c)(3) entities)
  • Business-to-business communications for wholesale or manufacturing purposes
  • Small retailers with annual sales under $500,000 (90% tangible goods)
  • Food service businesses with sales under $100,000 for immediate consumption

Registration May Be Required If:

  • You send promotional texts to acquire new Texas customers
  • Your business doesn't qualify for the exemptions listed above
  • You operate call centers or third-party marketing services

Compliance Best Practices

Whether you need to register or qualify for exemptions, following these practices will help protect your business:

1. Consent Management

  • Obtain clear, written consent before sending promotional texts
  • Keep detailed records of how and when consent was obtained
  • Use double opt-in processes when possible

2. Respect Opt-Out Requests

  • Process "STOP" requests immediately
  • Maintain opt-out records for at least 24 months
  • Ensure your text messaging platform can handle automated opt-outs

3. Honor Quiet Hours

Texas-specific timing restrictions:

  • Monday through Saturday: 9:00 AM to 9:00 PM only
  • Sundays: 12:00 PM to 9:00 PM only

4. Maintain Clean Lists

  • Regularly scrub against Do Not Call registries
  • Keep detailed records of your compliance efforts
  • Document any exemptions your business claims

What Bravo Store Systems Recommends

  1. Assess Your Situation: Review your current text messaging practices and determine if exemptions apply to your business
  1. Consult Legal Counsel: This is complex legislation - speak with your attorney about your specific compliance obligations
  1. Document Everything: Whether you register or claim exemptions, maintain thorough records of your decision-making process
  1. Update Your Processes: Review your text marketing workflows to ensure compliance with timing restrictions and opt-out handling
  1. Plan Ahead: Don't wait until September 1st - start your compliance review now

Resources and Next Steps

Official Texas Resources

Contact Information

  • Registration Questions: Call the Texas Secretary of State at 1-800-648-9642
  • Registration Submissions: Mail to P.O. Box 13550, Austin, TX 78711-3550