Texas texting laws for businesses (2026)

The law


Law	Texas telephone solicitation laws, as amended by SB 140
Citation	Tex. Bus. & Com. Code chs. 302, 304 and 305
In force	SB 140 took effect September 1, 2025
Covers texts?	Yes, by name. § 302.001(7) defines 'telephone solicitation' as 'a call or other transmission, including a transmission of a text or graphic message or of an image', initiated to induce a purchase. § 304.002(10) includes 'a transmission of a text or graphic message or of an image, to a mobile telephone number' in 'telephone call'.
Applies to	Calls and texts initiated by a seller or salesperson to induce a person to purchase, rent, claim or receive an item (ch. 302), and unsolicited telemarketing calls to sell consumer goods or services (ch. 304).

The rules

Rule	What the statute says	Section
Registration	'A seller may not make a telephone solicitation from a location in this state or to a purchaser located in this state unless the seller holds a registration certificate for the business location'. Registration is with the Secretary of State, costs $200, needs a $10,000 bond, letter of credit or certificate of deposit, and is renewed yearly.	§§ 302.101, 302.104, 302.106, 302.107
Texas no-call list	No telemarketing call, which includes a text to a mobile number, to a number that has been on the Texas no-call list for more than 60 days.	§§ 304.002, 304.052
Burden of proof	A seller that claims an exemption from registration has the burden of proving it.	§ 302.051

Texting a customer who contacted you first

Registration does not apply to 'a person who: (A) is soliciting business from a former or current customer; and (B) has operated under the same business name for at least two years', or to 'the solicitation of a contract for the maintenance or repair of an item previously purchased from the person making the solicitation' (§ 302.058).
It also does not apply where the sale is completed at a later face-to-face presentation, to some retail establishments operated for two years or more under the same name, or to an isolated transaction (§§ 302.059, 302.061).
The no-call rules in chapter 304 do not apply to a call made 'by a consumer' in response to a solicitation or advertising, or 'in connection with an established business relationship', which the statute defines as one 'formed by a voluntary two-way communication between a person and a consumer' about the person's goods or services (§§ 304.004, 304.002(4)).
Chapter 302 has no exemption for replying to someone who contacted the business first; its definition of telephone solicitation also includes a purchaser's call made in response to a solicitation.

This matters for missed-call text-back, which replies to someone who just called the business. Federal rules and the reply-versus-marketing line are covered in is missed-call text-back legal?

Contractor websites in Texas

14% of the 283 Texas contractor homepages we loaded on a phone in October 2026 had an online booking tool and 20% had a chat or text option. 70% had neither, so after hours a call or a form was the only way in, and 35% had no form either.

Contractor homepages loaded as an iPhone, October 27 to 28, 2026
What the homepage has	Texas	All 21 states
Sites loaded	283	2407
A tap-to-call link coded in	75%	76%
An online booking tool	14%	12%
A chat widget or text option	20%	15%
Neither booking nor chat or text	70%	77%
Neither, and no form either	35%	41%

These are plumbing, HVAC, electrical, roofing, landscaping, painting, carpentry and general contractor homepages listed in OpenStreetMap, checked on the homepage only, so booking and chat figures are a floor. The method and the national numbers are in our contractor website study. On those sites a customer who cannot book or message has to call, and a call you miss can still get a reply by text; Nova's missed-call text-back is $99 a month.

Penalties

Violations of chapters 302 and 304 are false, misleading or deceptive acts under the Texas Deceptive Trade Practices Act (§§ 302.303, 304.2581). A person on the no-call list who receives repeat calls can recover up to $500 per willful or knowing violation after first complaining to the agency (§ 304.257). Chapter 305 separately lets a person sue in Texas for a violation of the federal TCPA: the greater of $500 or actual damages, up to $1,500 for a knowing violation (§ 305.053). Knowingly soliciting without a required registration is a Class A misdemeanor (§ 302.251).

What the statute does not settle

Texas limits unsolicited 'consumer telephone calls' to noon to 9 p.m. on Sunday and 9 a.m. to 9 p.m. on other days (§ 301.051), but chapter 301 does not mention text messages, so the statute does not settle whether those hours reach texts.
The amount a consumer can recover under the Deceptive Trade Practices Act, and its pre-suit notice rules, are set in chapter 17, which this page does not cover.

Questions

Does Texas law cover text messages from businesses?

Yes, by name. § 302.001(7) defines 'telephone solicitation' as 'a call or other transmission, including a transmission of a text or graphic message or of an image', initiated to induce a purchase. § 304.002(10) includes 'a transmission of a text or graphic message or of an image, to a mobile telephone number' in 'telephone call'.

What happens if a business breaks Texas's texting law?

Violations of chapters 302 and 304 are false, misleading or deceptive acts under the Texas Deceptive Trade Practices Act (§§ 302.303, 304.2581). A person on the no-call list who receives repeat calls can recover up to $500 per willful or knowing violation after first complaining to the agency (§ 304.257). Chapter 305 separately lets a person sue in Texas for a violation of the federal TCPA: the greater of $500 or actual damages, up to $1,500 for a knowing violation (§ 305.053). Knowingly soliciting without a required registration is a Class A misdemeanor (§ 302.251).

Can a business text a customer who contacted it first in Texas?

Registration does not apply to 'a person who: (A) is soliciting business from a former or current customer; and (B) has operated under the same business name for at least two years', or to 'the solicitation of a contract for the maintenance or repair of an item previously purchased from the person making the solicitation' (§ 302.058). It also does not apply where the sale is completed at a later face-to-face presentation, to some retail establishments operated for two years or more under the same name, or to an isolated transaction (§§ 302.059, 302.061). The no-call rules in chapter 304 do not apply to a call made 'by a consumer' in response to a solicitation or advertising, or 'in connection with an established business relationship', which the statute defines as one 'formed by a voluntary two-way communication between a person and a consumer' about the person's goods or services (§§ 304.004, 304.002(4)). Chapter 302 has no exemption for replying to someone who contacted the business first; its definition of telephone solicitation also includes a purchaser's call made in response to a solicitation.

How many Texas contractor websites offer online booking?

14% of the 283 Texas contractor homepages we loaded on a phone in October 2026 had an online booking tool and 20% had a chat or text option. 70% had neither, so after hours a call or a form was the only way in, and 35% had no form either.

Sources

Read October 29, 2026. Federal law (the TCPA and FCC rules) applies on top of state law everywhere. This page describes what the statute says. It is general information, not legal advice, and it does not cover your message content or your industry. Talk to a lawyer before relying on it.