Texas Senate Bill 140: Where Things Stand Now
Disclaimer: This post is for educational purposes only and should not be considered legal advice. Always consult with your legal counsel to understand how Texas Senate Bill 140 (SB140) and related laws apply to your business.
A Quick Refresher on Texas Senate Bill 140
When we first told you about Texas Senate Bill 140, we explained how it expands the state’s telemarketing rules to include text, multimedia, and voice messages.
SB140 took effect on September 1, 2025, and introduced potential requirements for businesses to register with the Texas Secretary of State, pay a $200 annual fee, post a $10,000 bond, and file quarterly reports if they message Texas residents.
At that time, we encouraged you to prepare as if these requirements would apply broadly. But a lot has happened since then.
The Legal Challenge
On the very day SB140 went into effect, Flux Footwear, Postscript, and the Ecommerce Innovation Alliance filed a federal lawsuit challenging the law.
Their argument is simple:
- They only send texts to people who opted in to receive them.
- SB140 treats them like spammers even though their communications are consent based and compliant under federal law.
- The law’s vague definitions like what counts as a “customer” or whether it applies to Texas area codes versus people physically in Texas make compliance confusing and potentially chilling for lawful marketing.
The plaintiffs are asking the court to block enforcement of parts of SB140 until these issues are clarified.
A hearing is scheduled for November, meaning we’ll likely see a decision later this fall.
What the State Just Told the Court
Late last month, the State of Texas filed its response, and it offered some key clarifications that matter for Project Broadcast users:
SB140 targets unwanted and deceptive messages, not consented or expected ones.
The state’s filing emphasized that the law is aimed at stopping spam texts, not legitimate business communications. If your recipients have opted in, the state said SB140 “is not aimed at you.
Consent is the bright line.
According to the state, messages sent with permission fall outside the “telephone solicitation” rules that trigger registration and bonding. That means programs built on clear, documented opt in consent are likely not the focus of enforcement.
Registration enforcement appears limited.
The Secretary of State said it will not investigate or enforce SB140 violations, and the Attorney General confirmed enforcement is discretionary, focusing on deceptive or fraudulent behavior rather than compliance minded small businesses.
The “customer” exemption may apply.
Businesses that message current or former customers and have operated under the same name for at least two years may be exempt from registration. Importantly, the term “customer” is not strictly defined, so it may include opted in subscribers, not just purchasers.
What This Means Right Now
For now, SB140 remains in effect, but based on the state’s own court filing, here’s what you should know:
- If you’re only messaging people who explicitly opted in, you’re likely not the target of this law.
- There’s currently no active enforcement of the registration requirement.
- A federal court will decide in the coming weeks whether parts of SB140 should be paused or clarified.
Still, the law hasn’t been struck down, so it’s important to stay compliant and keep documentation tight — especially around opt ins, opt outs, and quiet hours.
How Project Broadcast Supports You
At Project Broadcast, we’ve built compliance right into the platform:
- Consent Logging: Captures opt in timestamps and methods.
- Opt Out Automation: Automatically processes “STOP” and similar requests.
- Quiet Hour Controls: Keeps your messages within legal hours.
- Message History: Maintains a complete audit trail.
If the Texas case ultimately upholds the exemptions for consent based programs, your current Project Broadcast setup is already aligned with the best practices the state says it supports.
Frequently Asked Questions
Click to learn more on each FAQ.
Do I still need to register with the State of Texas?
For now, registration is still part of the law, but the state has said it is not actively enforcing it.
If your business sends messages only to people who have opted in, the state’s position suggests registration may not apply to you.
What about the $10,000 bond requirement?
That requirement applies only to businesses that fall under the telemarketing registration framework.
If you qualify for the “customer” exemption or if all your recipients have provided consent, you likely do not need to post a bond at this time.
When will the court make a decision?
A federal hearing is scheduled for November 2025.
The court could issue a ruling later this fall that either pauses or clarifies how SB140 applies to consent based text programs.
What should I do now?
Continue following compliance best practices: collect clear opt ins, process opt outs immediately, respect quiet hours, and maintain accurate records. Those steps are your best protection no matter how the court rules.
Final Thoughts
This ongoing case is good news for legitimate marketers. The State of Texas has now told a federal court that SB140 is not intended to punish businesses sending texts people asked to receive. We’ll keep tracking this closely.
For now, stay calm, stay compliant, and keep building meaningful connections — the right way.
— Jake
