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Texas Senate Bill 140 (SB 140) and what it means for your outreach

Learn how Texas SB 140 expands telemarketing laws to cover marketing texts, with new rules on registration, quiet hours, and compliance.

Laarni D avatar
Written by Laarni D
Updated this week

Texas Senate Bill 140 (SB 140) is now in effect, introducing new rules around telemarketing and text message outreach in the state of Texas.

If your business markets to Texas residents or operates from Texas, these updates may apply to you.

Why this matters

Telemarketing is regulated at both federal and state levels. At the federal level, the Telephone Consumer Protection Act (TCPA) sets the baseline, requiring prior express written consent for marketing, defining quiet hours (8 a.m. to 9 p.m. in the recipient’s time zone), and enforcing the national Do-Not-Call Registry.

Texas has now expanded its own state-level rules with SB 140. The bill broadens the definition of “telephone solicitation” to include marketing text messages (SMS/MMS). Violations fall under the Texas Deceptive Trade Practices Act, which means businesses may face private lawsuits in addition to state enforcement.

Key requirements under SB 140

  1. Registration obligations

    Businesses sending marketing messages to Texas residents may need to register with the Texas Secretary of State as a “seller.” Registration involves:

    1. Completing a form

    2. Paying a $200 annual fee

    3. Maintaining a $10,000 security deposit

    4. Renewing annually

  2. Possible exemptions

    Not all businesses are required to register. Exemptions apply if your business:

    1. Communicating only with current or former customers, provided the business has operated under the same name for at least two years

    1. A publicly traded corporation

    2. A supervised financial institution

    3. An educational institution or a 501(c)(3) nonprofit

  3. Compliance rules (apply to all businesses)

    Even if you qualify for an exemption from registration, SB 140 still requires compliance with:

    1. Quiet hours - No marketing before 9 a.m. or after 9 p.m. Monday–Saturday, and before noon or after 9 p.m. on Sundays in Texas.

    2. Consent - Obtain and document consent before sending marketing messages.

    3. Opt-out - Provide simple, immediate opt-out options and honor requests promptly.

    4. Do-Not-Call lists - Do not send messages to numbers on the Texas No Call List or National Do Not Call Registry.

What you should do

Because every business is different, it is important to:

  1. Consult with your legal counsel to confirm whether SB 140 applies to your specific operations.

  2. Check exemption status to determine if your business qualifies for an exemption from registration.

  3. Review outreach practices to ensure they align with both federal and state regulations.

How Aloware helps you manage compliance

While Aloware cannot provide legal advice, our platform includes tools that make compliance management easier. Within your account, you can:

  • Control delivery times for power dialer, sequences, and broadcasts so outreach is sent only during permitted hours.

  • Adjust quiet hour settings directly in Admin and Talk settings to align with state rules

For detailed steps, see Managing time settings in Aloware: How to schedule broadcasts, sequences, and power dialer calls.

Important note: This article is for informational purposes only and does not constitute legal advice. Please consult your legal counsel for guidance specific to your business.

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