Texas SMS Marketing and A2P Messaging Rules
A plain-language, source-linked guide to Texas authorities relevant to SMS, MMS, telemarketing, privacy, consent, and do-not-call issues.
What the sources say
The Texas sources reviewed for this page include 1 source that expressly cover text messaging. Other sources may apply only to particular activities or provide related context. Federal law, carrier policy, and sender-registration requirements may still apply alongside state law.
Authorities and official sources
Each entry explains what the source says, where its limits are, and what it does not establish.
State law · Current
Tex. Bus. & Com. Code chs. 302 and 304; Texas SOS guidance
How this authority relates to messaging
The reviewed source expressly includes text messaging within a broader legal or regulatory framework.
What the source establishes
- Texas Business & Commerce Code Chapter 302 defines telephone solicitation to include transmission of a text or graphic message or image.
Limits and important context
- Broad telemarketing and telephone-solicitation coverage for texts, including DNC, caller ID, and registration analysis.
- Existing-business-relationship and other chapter exemptions apply.
- Strong private and state enforcement risk.
- State enforcement and private exposure under Texas consumer-protection framework remain material.
Exceptions or special treatment
- Existing business relationship: Existing-business-relationship and other chapter exemptions apply.
- Other chapter exemption: Existing-business-relationship and other chapter exemptions apply.
Official and supporting sources
Source and review details
- Jurisdiction
- Texas
- Source type
- State law
- Current status
- Current
State law · Current
Texas Capture or Use of Biometric Identifier Act
How this authority relates to messaging
This source is relevant to the broader program, but the reviewed text does not expressly establish general SMS or MMS coverage.
What the source establishes
- Requires notice and consent before capture, restricts sale/lease/disclosure, requires reasonable care, and requires destruction within a reasonable time and no later than one year after the collection purpose expires unless an exception applies.
Limits and important context
- Applies to commercial capture of retina/iris scans, fingerprints, voiceprints, and records of hand or face geometry. Material for voiceprint authentication, selfie/face onboarding, speaker-recognition, and any messaging-linked “frictionless verification” product. Texas AG has exclusive enforcement authority and may seek up to $25,000 per violation. Texas AG overview. Attorney General-exclusive enforcement; amended by HB 149 effective January 1, 2026 with AI-development and security exceptions.
Facts that may change the result
- Does the program capture or use a biometric identifier for a commercial purpose?
Official and supporting sources
Source and review details
- Jurisdiction
- Texas
- Source type
- State law
- Current status
- Current
State law · Current
Texas Data Broker Act
How this authority relates to messaging
This source is relevant to the broader program, but the reviewed text does not expressly establish general SMS or MMS coverage.
What the source establishes
- Requires registration with the Secretary of State, conspicuous broker notice, a comprehensive information-security program, employee and contractor education, and service-provider safeguards.
Limits and important context
- Applies to business entities whose principal source of revenue comes from collecting, processing, or transferring personal data not collected directly from the individual, subject to the statutory thresholds and exemptions listed by the Texas AG. Material for lead vendors, data appenders, third-party audience builders, and vendors supplying phone-number enrichment or external intent data into messaging systems. Effective September 1, 2023. Texas AG has already publicized enforcement against apparent non-registrants. Texas AG overview and enforcement release. September 1, 2025 amendments expanded required disclosures.
Facts that may change the result
- Does the program use or supply personal data through a covered Texas data broker?
Official and supporting sources
Source and review details
- Jurisdiction
- Texas
- Source type
- State law
- Current status
- Current
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Use an advisory review when the result depends on facts that a public authority index cannot resolve.
