As of September 1, 2025, Texas Senate Bill 140 (SB140) is officially in effect. This new law redefines text messages (SMS, MMS, RCS) as “telephone solicitations,” which means businesses that send marketing texts to Texas residents may now face new compliance obligations — including registration with the Texas Secretary of State, a $200 filing fee, and a $10,000 security deposit.
At OtterText, we’ve been following this closely since the Governor signed the bill. We know many of you rely on text messaging as your most powerful communication tool. And while SB140 creates new legal risks, we’ve made updates to your dashboard to help you navigate this.
New Setting: Exclude Texas Recipients
Starting today, you’ll see a new “Exclude Texas” setting when sending campaigns. When enabled, this setting prevents marketing texts from being delivered to phone numbers that appear to be from Texas.
- Area Code Filtering: We’ll automatically block the most common Texas area codes.
- Address Data Filtering: If you’ve uploaded customer profiles that include addresses, we’ll exclude Texas residents from campaign delivery.
⚠️ Note: This is not perfect. Area codes don’t always equal residency, and not every customer record includes a full address. But it adds a strong first line of defense for brands that want to avoid SB140 exposure.
Quiet Hours Reminders
SB140 also reinforces quiet hours for messages to Texas residents:
- Monday–Saturday: No messages before 9 a.m. or after 9 p.m.
- Sunday: No messages before 12 noon or after 9 p.m.
Here’s how we’re handling this inside OtterText:
- Texas Businesses: If your business address is in Texas, your account’s quiet hours are automatically preset to comply with Texas law. You won’t be able to send marketing texts outside these windows.
- Non-Texas Businesses: If your business is outside Texas, your quiet hours are not automatically restricted — but you’ll need to be mindful if you have Texas customers. We recommend setting quiet hours manually or using our new “Exclude Texas” feature to reduce risk.
⚠️ Remember: quiet hours apply to the recipient’s location, not just the sender’s.
Exemptions Still Apply
Not every business has to register. Under Texas law, exemptions exist for:
- Publicly traded corporations
- Businesses selling food
- Companies contacting current or former customers under the same name for at least two years
- Brick-and-mortar businesses that have operated under the same name for at least two years
Still, because exemptions can be nuanced, we strongly recommend speaking with legal counsel to confirm if you qualify.
How OtterText Is On Your Team
We don’t believe SB140 protects consumers the way it claims. In practice, it puts small businesses at risk while allowing big corporations to keep sending high-volume texts with fewer restrictions.
That’s why OtterText is committed to:
- Giving you tools like “Exclude Texas” to help reduce your legal risk.
- Offering $200 in free texting credits to verified Texas businesses to offset the state’s registration fee.
- Continuing to provide guidance and compliance resources as the law evolves.
Resources
- Full bill text: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB140
- Texas Secretary of State: https://www.sos.state.tx.us/statdoc/faqs3400.shtml
- Our original breakdown of SB140: https://otterwaiver.zendesk.com/hc/en-us/articles/39010580894477-Texas-Senate-Bill-140-SB140-What-OtterText-Customers-Need-to-Know
Final Thoughts
Today, SB140 becomes the law in Texas. While the legislation creates new challenges, you are not alone. OtterText is here with compliance tools, resources, and support to make sure your business can keep connecting with your customers safely and effectively.
We’re on your team — and we’ll keep you texting.
Legal Disclosure: The information herein is for informational purposes only and is not legal advice. You are responsible for ensuring your marketing program complies with all federal and state laws. It is recommended that your legal team reviews and approves your marketing program.
