New Texas legislation is changing the rules for businesses that send marketing text messages. This guide is for educational purposes only and should not be taken as legal advice. We strongly recommend consulting with qualified legal counsel to ensure your business remains compliant.
What’s Changing?
The Texas Business and Commerce Code, previously limited to voice calls, now includes text messages under its definition of “telephone solicitation.” This means that if your business sends marketing texts to Texas residents—or is located in Texas—you may need to register with the Texas Secretary of State. These changes take effect September 1, 2025.
It’s important to review the law to determine whether it applies to your business. Key resources include:
Are There Exemptions?
Certain businesses may not need to register. Exemptions include:
Publicly traded companies and their subsidiaries
Financial institutions
Educational institutions
501(c)(3) nonprofits
Businesses selling food
Brick-and-mortar retailers operating under the same name for 2+ years, with most sales in-store
Businesses contacting current or former customers under the same business name for 2+ years
Check the law carefully to see if your business qualifies for an exemption.
How to Register
Registration with the Texas Secretary of State requires:
Completing and submitting the registration form
Paying a $200 application fee
Posting a $10,000 security deposit (via Surety Bond, irrevocable letter of credit, or Certificate of Deposit)
Renewing your registration annually
For most businesses, a Surety Bond is the easiest option, as it requires only a small annual fee instead of the full $10,000 deposit. Registration is valid only once the Texas Secretary of State issues your certificate.
How Chatavise Can Help
To ensure compliance with location-based rules like Texas’ new text marketing law, it’s critical to know the city and state of each subscriber. Chatavise makes this easy by allowing you to:
Add city and state fields directly to your lead forms
Automatically capture location when a contact opts in
Segment your audience by state for compliance or marketing purposes
Automate workflows to send targeted messages only to the recipients in specific regions
This ensures you can confidently manage your marketing campaigns while staying aligned with state regulations.
Next Steps
Businesses that send marketing texts to Texas residents should:
Review their current SMS marketing practices
Determine whether the new rules apply
Consult qualified legal counsel to ensure compliance before September 1, 2025
Consider using Chatavise to capture and track location data for your subscribers
Contact the Texas Secretary of State with any questions
Staying ahead of these changes ensures your SMS marketing continues smoothly without legal interruptions.