Starting September 1, 2025, Texas Senate Bill 140 (SB 140) changes how businesses can send SMS, MMS, and RCS messages to Texas residents. Whether you are located in Texas or simply marketing to customers there, this law impacts outreach.

Scyene’s goal is to help clients and partners navigate these changes confidently, using automation in ways that remain effective and compliant.

What’s Changing

SB 140 expands the definition of “telephone solicitation” to include:

• Phone calls
• SMS text messages
• MMS and RCS multimedia messages

If your business sends promotional marketing to Texas residents, you may now be required to:

• Register with the Texas Secretary of State
• Pay a $200 annual fee
• Post a $10,000 security bond

Reference: Texas SB 140, 2025 Amendments

Pros of Registering

• Risk Mitigation: Avoid civil fines (up to $5,000 per violation) and lawsuits under the Texas Deceptive Trade Practices Act (DTPA).
• Broader Reach: Registration allows messaging to all opted-in Texas contacts, including prospects
• Operational Simplicity: Eliminates the burden of filtering or removing Texas contacts from lists.

Cons of Registering

• Costs: $200 annual fee + $10,000 bond.
• Ongoing Requirements: Quarterly filings, maintaining compliance logs, and honoring quiet hours (no texts before 9am or after 9pm local time).

Understanding Key Exemptions: Do You Need to Register?

Not all businesses must register. Texas law recognizes exemptions under Chapter 302 of the Business & Commerce Code.

The two most relevant for Scyene clients are:

1) §302.059 – Appointment-Setting Exemption

• Calls or texts used only to schedule meetings, demos, or webinars.
• No major sales presentation or contract acceptance during the call/text.
• No immediate delivery or payment collection.

Read §302.059 here

2) §302.058 – Current/Former Customer Exemption

• Outreach to existing or past customers under the same business name.
• Safest interpretation: a “current customer” means someone who has recently purchased from you, not just opted in for marketing.

3) Other Exemptions

Other exemptions include:

• Certain publicly traded companies and their subsidiaries.
• Certain financial institutions.
• Educational institutions.
• 501(c)(3) nonprofits.
• Businesses marketing the sale of food.
• Retail sellers with brick-and-mortar locations if the business has operated under the same name for the last two years and a majority of sales occur at retail locations.
• Businesses contacting their current or former customers if the business has operated under the same business name for the last two years.

Read §302.058 here

Choosing Your Compliance Strategy

For Scyene clients, there are two main paths:

Path 1: Register with the State of Texas

• Best For: Businesses that want to send broad marketing campaigns to prospects, leads, and non-customers.
• Action Required: Complete registration, pay the $200 fee, and secure the $10,000 bond.

Click here to access registration form.

Path 2: Rely on an Exemption

• Best For: Businesses that only message current/former customers or use messaging strictly for appointment-setting.
• Action Required:
• Identify and exclude Texas residents who don’t fit the exemption.
• Ensure scripts and automation flows remain focused on scheduling or nurturing, not closing.

Final Tips from Scyene:

1. Audit your outreach. Where are you using calls or texts that might fall under solicitation?
2. Update your intake forms. Add a clear opt-in for future marketing communications.
3. Decide if you must register. If you’re contacting cold leads, plan on registering with the Secretary of State.
4. Separate service from solicitation. Keep client updates about the deal distinct from marketing.
5. Educate your team. Make sure assistants, ISAs, and anyone else touching client communication know the rules.
6. Document everything. Keep signed consents, opt-out logs, and records of any registration.
7. Consult legal counsel if you have any questions. The Secretary of State may also be helpful.

Key Takeaway:

Scyene clients remain compliant by using AI SMS, Follow-Up Automation, and outbound calls for appointment-setting and customer nurturing under §302.059 and §302.058 exemptions. Businesses that want to market broadly to prospects should consider registration to reduce risk.

References:

https://capitol.texas.gov/tlodocs/89R/billtext/html/SB00140F.htm

https://statutes.capitol.texas.gov/Docs/BC/htm/BC.301.htm

https://statutes.capitol.texas.gov/Docs/BC/htm/BC.302.htm

https://www.sos.state.tx.us/statdoc/forms/3401.pdf

https://law.justia.com/codes/texas/business-and-commerce-code/title-10/subtitle-a/chapter-302/subchapter-b/section-302-059/

https://www.losey.law/new-texas-telemarketing-law-effective-september-1-2025/