Texas SMS Rules: What Brands Must Know Before September 1

Starting September 1, 2025, new SMS rules will change how businesses send marketing messages to customers and subscribers in Texas. The Texas Business and Commerce Code, previously focused on voice calls, will now apply to text messages. This change requires urgent action for brands that want to stay compliant.

This isn’t just a shift in terminology. It introduces new compliance responsibilities. Many brands may now need to register with the Texas Secretary of State, post a security deposit, and renew annually. SmartSites is here to help you navigate these changes with confidence and clarity.

What You Need to Know

1. SMS is now regulated under the telephone solicitation law
The updated statute reclassifies SMS marketing messages under “telephone solicitation.” Brands may now fall under regulation if they send promotional texts to Texas residents or operate from within Texas.

2. Registration is likely required
Businesses affected by this change must register with the Texas Secretary of State. This includes a $200 application fee and a $10,000 security deposit. This deposit can be fulfilled with a surety bond, certificate of deposit (CD), or irrevocable letter of credit.

3. Some exemptions may apply
Not every sender must register. Exemptions include publicly traded companies and subsidiaries, certain nonprofits and educational entities, companies marketing food, established brick-and-mortar chains, and businesses contacting their own existing or former customers.

4. Registration must be approved before compliance is official
Even after submitting your application, your compliance only begins once Texas’s Secretary of State issues the official registration certificate.

What You Can Do To Prepare

Review your audience and offerings
Start by assessing whether your brand qualifies for an exemption. If you’re unsure if you qualify, we recommend you seek legal counsel. While SmartSites can help you audit your current SMS campaign, we are unable to provide legal advice.

Plan your registration early
If you need to register, start the process now. This includes submitting your application, obtaining a surety bond if needed, and preparing for the annual renewal.

Ensure ongoing SMS compliance
Following the rules once isn’t enough. You will want to create SMS workflows that maintain compliance over time. This includes respecting opt-in requirements, honoring opt-outs, and sending messages during compliant time windows.

Why Brands Should Work with SmartSites for SMS Marketing

The new Texas legislation creates both risks and opportunities. SmartSites helps your brand stay on the right side of compliance while continuing to reach and engage your audience effectively.

• Compliance-first strategy
  We track legal changes and build compliance directly into your SMS marketing program.
• Full technical support
  From registration to SMS platform setup, we take care of the technical details so you don’t have to.
• High-performance creative
  We craft clear, high-converting messages that reflect your brand voice and drive response.
• Ongoing optimization
  We monitor delivery rates, unsubscribes, click-throughs, and campaign performance to help you stay ahead.

Key Takeaways for Texas SMS Compliance

• Texas’s new rule classifies SMS marketing as “telephone solicitation” and requires added compliance steps for many brands
• Registration must be completed by September 1, with a $200 fee and a $10,000 bond or financial equivalent
• Some businesses may qualify for exemptions, but many will not, especially those targeting new or unknown customers in Texas
• Your registration must be officially approved before you begin marketing
• SmartSites can help you manage registration, compliance, and SMS campaign performance under one roof

Work With SmartSites to Stay Compliant and Competitive

Texas’s new SMS marketing rules are just the beginning. As regulations evolve, SmartSites helps you adapt with confidence. Whether you’re launching your first SMS campaign or optimizing a high-volume program, we’re here to support your growth every step of the way. Get in touch with SmartSites today to ensure your SMS marketing stays effective and compliant.