Preparing for Texas Senate Bill 140

Jake is the co-founder and CEO of Project Broadcast. He has 20+ years of software development experience and a decade of experience working with network marketing and direct sales professionals to bring products and tools to market to help them rock their business. A self professed curly headed winning machine, Jake has a huge heart for entrepreneurship, cars, family, and 80s cartoons!

September 3 • 4 min read

Disclaimer: This blog post is intended for educational and informational purposes only and should not be construed as legal advice. The content is general in nature and may not reflect the most current legal developments. Project Broadcast strongly recommends that you consult with your legal counsel to determine how Texas Senate Bill 140 and other applicable laws apply to your business.

A new Texas law is set to reshape how businesses communicate via text, multimedia messages, and voice calls. Texas Senate Bill 140 (SB140) significantly expands the state’s existing telemarketing rules, bringing more types of digital outreach under regulation. If you message customers in Texas, this law will impact you starting September 1, 2025.

The good news? Project Broadcast is built with compliance in mind. Let’s walk through what the law means and how Project Broadcast helps keep your outreach safe and compliant.

What’s Changing Under Texas Senate Bill 140?

Even if your business already follows federal laws like the TCPA, SB140 adds new state-level rules that you’ll need to follow. These changes include regulation of:

Text messages (SMS)
Multimedia messages (MMS) including images or graphics
Voice calls promoting products or services

Perhaps the biggest change? Texas residents can now sue your business directly for violations, without needing to go through a government agency.

Why Texas Senate Bill 140 Matters for Your Business

Violating SB140 can come with serious financial consequences. Businesses that break the rules could face:

Fines ranging from $500 to $5,000 per violation
Triple damages if harm is deemed intentional
Mandatory payment of the consumer’s attorney fees
Additional claims for emotional distress

And it’s not a one-time risk. If a mistake continues, like sending multiple messages without consent, you could face repeated lawsuits.

How to Prepare: The SB140 Compliance Checklist

To minimize risk, work with your legal team to ensure your outreach aligns with these guidelines:

1. Get Prior Written Consent

Before sending marketing texts, MMS, or voice calls, collect express written consent (PEWC). This consent must be clear, include required disclosures, and be free from conditions of purchase. Pre-checked boxes are not allowed.

2. Make Opt-Outs Easy

Every message should offer a simple way for customers to opt out. Include keywords like ‘STOP’ or ‘UNSUBSCRIBE’ and honor those requests immediately.

3. Respect Quiet Hours

Don’t message customers during restricted hours. No messaging before 9:00 AM or after 9:00 PM Monday–Saturday. No messaging before noon or after 9:00 PM on Sundays.

4. Register if Required

If you qualify as a ‘seller’ under Texas law, and you are messaging Texas residents, you may need to:

Register with the Texas Secretary of State
Pay a $200 annual fee
Submit quarterly sales rep lists
Post a $10,000 security bond

Penalties for not registering can be as high as $5,000 per message. Talk with your legal team to find out if you need to register. Exemptions for registration exist and can be found in chapter 302 of the Texas Business and Commerce Code (https://statutes.capitol.texas.gov/docs/BC/htm/BC.302.htm). Please consult with your legal team to determine if registration is needed.

5. Maintain Clear Records

Track everything: consent opt-ins, message content, opt-out timestamps, and delivery logs. These records are critical in the event of a dispute or lawsuit.

How Project Broadcast Helps You Stay Compliant

Project Broadcast was designed with best practices at its core. Here’s how our platform can support your compliance journey:

Consent Logging:
- Automatically captures consent with timestamps and opt-in method when using our Double Opt-In feature.
Opt In Form:
- Project Broadcast provides out of the box opt in forms you can leverage.
Opt-Out Automation:
- Instantly processes STOP and UNSUBSCRIBE requests by marking the recipient as Do Not Message.
Potential Opt-Out:
- Project Broadcast uses AI models to detect if an incoming message is a potential opt out even if not using the standard opt out phrases. This allows you to manually opt out a recipient when a potential opt out is detected.
Quiet Hour Controls:
- Use built-in broadcast hours to ensure messages send only at compliant times.
Message Auditing:
- Full history of every message, opt-in, and opt-out is saved and accessible.

These tools are designed to assist your compliance efforts, but it’s still your responsibility to ensure your business meets legal requirements.

What to Do Next

If you message Texas customers, now is the time to get ahead of SB140. We recommend you:

Review your current messaging strategy and legal obligations
Enable broadcast hours in Project Broadcast
Train your team on new requirements and opt-out handling
Verify if your business needs to register with the State of Texas
Update your opt-in language and collection practices

Final Thoughts

Texas Senate Bill 140 introduces stricter accountability for how businesses reach out to customers via mobile. But with the right processes and the right platform, compliance becomes a strength, not a struggle.

Remember: This information is provided for educational purposes and should not be considered legal advice. The application of Texas SB 140 to your specific business may vary. We recommend consulting with qualified legal counsel for personalized guidance.