Starting September 1, 2025, new legislation in Texas (SB 140) goes into effect that directly impacts how businesses can send text message marketing campaigns. Since Voizee is committed to keeping our customers informed and compliant, we want to walk you through what’s changing and what actions you may need to take.
What’s Changing?
Texas has updated its telemarketing laws to treat SMS and MMS marketing the same as traditional telemarketing.
That means:
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Most businesses sending marketing texts to Texas residents must register with the State of Texas.
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Registration includes a $10,000 surety bond (not actual cash tied up).
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Penalties for non-compliance can reach $5,000 per text message.
Key Requirements
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Register with the State of Texas as an SMS sender by September 1, 2025.
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Secure a $10,000 bond (usually costs around $100/year through providers such as SuretyBonds.com).
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Note: You don’t actually need to set aside $10,000. The bond acts as a compliance guarantee.
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Maintain compliance with existing SMS marketing rules (opt-ins, opt-outs, and quiet hours).
Why This Matters
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The law applies whether or not your business is located in Texas.
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About 10% of the U.S. population lives in Texas, so it’s very likely your contact list includes Texas residents.
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Removing Texas contacts from your database isn’t reliable — people move, and area codes don’t always match location.
The most effective way forward is to register and stay compliant.
Next Steps
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Review your contact lists to confirm whether you’re texting Texas residents.
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If yes (or if you’re unsure), register with the state and secure the required bond.
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Keep your SMS marketing program compliant with:
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Clear opt-in consent
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Respecting quiet hours
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Honoring opt-out requests
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FAQs
Do I need to comply if I’m not based in Texas?
Yes. The law applies to anyone texting Texas residents, regardless of where your business is located.
Can I just exclude Texas numbers from my list?
Not reliably. Area codes and data aren’t foolproof. Compliance is the only safe option.
Do I really need to pay $10,000?
No. The requirement is for a surety bond, which typically costs about $100 per year.
Will this change the types of texts I can send?
No. You can still send the same types of compliant messages you’re sending today — announcements, promotions, reminders, etc. What changes is the registration requirement.
What happens if I don’t comply?
Non-compliance can mean:
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Penalties of up to $5,000 per message
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Customer lawsuits under the Texas DTPA (Deceptive Trade Practices Act)
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Legal and reputational risks
What’s involved in registration?
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About 2 hours of paperwork
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Notarized forms (services like Notarize.com can help)
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Securing a $10,000 surety bond (~$100/year)
What if I operate multiple brands?
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If you have multiple DBAs under one parent company, you can usually register once for the parent and list the DBAs.
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If each brand operates independently, they may need separate registrations.
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Consult legal counsel to confirm your structure.
Final Recommendations
We strongly encourage all Voizee customers who send texts to Texas residents to register with the State of Texas by September 1, 2025.
It’s a small annual investment to protect your business, keep your marketing compliant, and ensure you don’t lose access to one of the most effective communication channels available today.
For questions or help setting up compliant SMS campaigns in Voizee, contact our support team using the form below.
Still feeling stuck? Please send us your questions using this form.