Effective September 1, 2025, Texas Senate Bill 140 brought marketing text messages squarely under the state's telemarketing law, adding a private right of action and statutory damages. It's one of the clearest examples yet of the state mini-TCPA wave, and any campaign texting into Texas should understand what changed, because state law can reach a message federal rules don't.
What did Texas SB 140 change?
SB 140 amended the Texas telephone-solicitation statutes so that a promotional text to a Texas mobile number is now treated as a "telephone solicitation," the same as a telemarketing call. The headline changes:
- Texts are covered communications. A marketing text is now regulated like a telemarketing call under Texas law.
- A private right of action. Individuals can sue directly, with statutory damages reported up to $5,000 per violation.
- Registration requirements. Many senders must register with the Texas Secretary of State before sending promotional texts to Texas residents.
Does SB 140 apply to political campaigns?
This is where care is required. SB 140 targets commercial telephone solicitations and marketing, and political speech is often treated differently under state telemarketing laws. But "often" is not "always," the safe read is that a campaign texting into Texas should treat SB 140 as a signal that the state is regulating texting aggressively, and should confirm how its own sends are classified rather than assume an exemption. The broader point holds regardless: Texas has made texting a live source of state-law liability.
What should campaigns do about it?
Know that you're texting into Texas and build conservatively. Even where a political exemption may apply, the fundamentals that keep you clear federally, real consent, instant opt-outs, clear identification, quiet hours by local time, also keep you clear of most state exposure. And because SB 140 adds a private right of action, the plaintiff's-bar incentive to find violations in Texas just went up. Treat it as part of the growing patchwork, and build to the strictest state you touch. See the complete TCPA guide for the base layer.
Frequently asked questions
What is Texas SB 140?
A 2025 amendment to Texas telemarketing law, effective September 1, 2025, that brought marketing text messages under the statute, added a private right of action with statutory damages, and imposed registration requirements on many senders.
Does Texas SB 140 apply to political texts?
It targets commercial solicitations, and political speech is often treated differently, but campaigns texting into Texas shouldn't assume an exemption. Confirm how your sends are classified and build conservatively.
Why does SB 140 matter beyond Texas?
Because it's part of a growing wave of state mini-TCPA laws that reach texting, each with its own rules and penalties. It signals that state law, not just the federal TCPA, now governs campaign texting.
Keep reading: state texting laws and quiet hours by state. For federal rules, see the FCC.
This is general information, not legal advice. State laws change, current as of the date above; consult counsel.