Text Registration: State-Specific Requirements
In addition to the federal TCR registration covered in Text Registration: Overview and Getting Started, some states have their own requirements. If your business sends marketing texts into one of these states — even if your business is located elsewhere — you may need to take additional steps directly with that state.
This article tracks the state-level requirements Levitate accounts need to be aware of. Each state below uses the same format so you can quickly see what applies to you.
Texas (Senate Bill 140)
Effective: September 1, 2025
Law: Senate Bill 140 amended Texas's telemarketing statutes to explicitly include SMS, MMS, and certain electronic/text-based solicitations under the same regulations as telemarketing calls.
Who it applies to: Any business or organization that sends marketing texts into Texas, even if the sender is located outside of Texas.
What's required: Businesses and organizations must register as a telephone solicitor with the Texas Secretary of State using Form 3401, pay a $200 fee, and post a $10,000 security. The registration must be renewed annually.
Stipulations: Marketing texts may not be sent outside of certain hours — generally 9AM to 9PM Texas local time, Monday through Saturday. On Sunday, texts may not be sent before noon or after 9PM Texas local time. Businesses and organizations must have clear, unambiguous prior expressed written consent for marketing texts. Consent cannot be a condition of purchase.
How Levitate is involved: Levitate will not facilitate registration or payment to the Texas Secretary of State. However, the opt-in requirements (including STOP and HELP instructions) already fall within the guidelines required federally and by Levitate to text. See Opt-In Language and Privacy Policy Templates for the vetted opt-in wording.
Read more about the Texas SMS registration requirements here.