Texting Leads in Texas After SB 140: Consent, Records, and Registration

The short answer

Texas SB 140, effective September 1, 2025, expanded the state's telephone solicitation law (Business & Commerce Code Chapter 302) so that "telephone solicitation" now expressly includes text messages. After a 2025 federal lawsuit, the Texas Secretary of State now says that a business sending texts with the consumer's prior consent is not required to complete the Chapter 302 registration statement. For businesses working inbound leads, the practical takeaway is to treat consent as a record you keep, not an assumption, and to know when registration could still apply.

This is general information from the bill text and the Secretary of State's published guidance, not legal advice. Talk to your own attorney about your campaigns.

What SB 140 changed

The enrolled text of SB 140 did three things lead buyers should know about:

1. Texts count. It amended Section 302.001 so a "telephone solicitation" means a call or other transmission, including a transmission of a text or graphic message or of an image, initiated by a seller or salesperson to induce someone to buy, rent, claim, or receive an item. It also added a definition of "telephone call" that points to Section 304.002.
2. Deceptive trade practice remedies. It added language making violations of Chapters 304 and 305 of the Business & Commerce Code false, misleading, or deceptive acts under the Texas Deceptive Trade Practices Act, enforceable with that law's public and private remedies.
3. Repeat recoveries. It said a claimant's earlier recoveries for violations don't limit recovery in a future proceeding (for Chapters 302, 304, and 305).

The act applies only to conduct on or after September 1, 2025.

What the Secretary of State says now

The Texas Secretary of State's FAQ for telephone solicitation registration (Form Series 3400) opens with a notice. Based on the position the Attorney General and Secretary of State took in a 2025 case in the U.S. District Court for the Western District of Texas, and an agreement among the parties, any business that sends text messages with prior consent of the consumer is not required to complete the Telephone Solicitation Registration Statement under Chapter 302.

The notice explains the reasoning: SB 140 gave "telephone call" the meaning in Section 304.002, and that section excludes a transmission to a mobile number as part of an ad-based service where the customer agreed with the provider to receive it.

The same FAQ makes three points worth keeping in mind:

• The Secretary of State doesn't decide who must register. It says it's the seller's responsibility to determine whether it should register.
• If registration applies, there's a $200 filing fee and a $10,000 security deposit, and a certificate is effective for one year.
• Enforcement of the registration requirements sits with the Texas Attorney General.

The FAQ answers are provided for informational purposes and aren't a court ruling, so watch for changes.

What this means for inbound leads

A lead who filled out a form asking to be contacted is a different situation from a cold list. That's where consent documentation earns its keep. Here's a practical setup (our recommendation, not a legal standard):

• Keep the consent record with the lead: the form or page, the date and time, the phone number submitted, and the consent language the person saw.
• Text about what they asked for. A roofing inspection request, a home-value question, or a vehicle they want to sell, not an unrelated promotion.
• Identify yourself in the first message, with your business name and why you're reaching out.
• Honor opt-outs immediately and log them so no one on your team texts that number again.
• Don't buy or upload cold lists into the same texting workflow. Messages without prior consent are the scenario the Secretary of State's notice doesn't cover.

How it plays out by lead type

Exclusive roofing and real-estate leads. These go to one buyer, so your business is the one following up on that request. The first message should say who you are, reference the request, and offer a next step, like an inspection window or a call time. For real-estate agents, remember that TREC's rules on the Information About Brokerage Services form still apply at the first substantive conversation. We covered that in exclusive real-estate leads and the IABS.

Competing auto seller leads. These are never exclusive. The seller asked for competing offers, so other dealers may be reaching out too. A clear, specific first text that names your dealership and the vehicle helps you stand out without piling on messages. See how TX Lead Forge automotive leads work.

Quick checklist

1. Consent language on every lead form, saved with each lead.
2. Date, time, source page, and phone number stored in your CRM.
3. First text names your business and the request.
4. Opt-outs processed and logged the same day.
5. No cold-list texting through the same system.
6. An attorney's review of any campaign that goes beyond consented leads.

Working with TX Lead Forge

TX Lead Forge provides exclusive roofing and real-estate leads and competing auto seller leads (never exclusive to one dealer). Invalid-lead questions are handled case by case. If you have questions about how a lead was submitted, or you want to talk about leads for your business, contact TX Lead Forge.

Takeaway: Since SB 140, Texas treats marketing texts as telephone solicitations, but the Secretary of State says consent-based texting doesn't require Chapter 302 registration. Keep the proof of consent with every lead, and get legal advice before texting anyone who didn't ask to hear from you.