> For the complete documentation index, see [llms.txt](https://help.recart.com/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://help.recart.com/compliance-protections/required-compliance/texas-expands-sms-marketing-laws-what-you-need-to-know-sb140.md). # Texas Expands SMS Marketing Laws: What You Need to Know (SB140) Explains Texas Senate Bill 140 and which SMS marketers sending to Texas residents it applies to. Effective Date: September 1, 2025. Applies To: Any business sending SMS marketing to Texas residents or operating from Texas > **Update – October 2, 2025:** The Texas Attorney General has clarified that SMS messages sent with prior consent are not covered by SB140. ### What’s New? Texas has passed **Senate Bill 140 (SB140)**, amending the **Texas Business and Commerce Code §302** to include **text messages** under its “telephone solicitation” rules. This means **SMS marketing is now regulated similarly to cold calls** under Texas law. If your brand: * Sends **SMS marketing messages** to customers with **Texas phone numbers**, or * Is **physically based in Texas**, then you may now be required to **register with the Texas Secretary of State** before continuing to send these messages. ### What Do You Need to Do? If the law applies to you, the steps are: 1. **Register with the Texas Secretary of State** * Form: [TX Form 3401 – Telemarketer Registration](https://www.sos.state.tx.us/statdoc/forms/3401.pdf) * FAQs: [Registration FAQ Page](https://www.sos.state.tx.us/statdoc/faqs3400.shtml) 2. **Register Before:** **September 1, 2025** 3. **Avoid Penalties**: Noncompliance could lead to **fines of up to $5,000 per unauthorized message** sent to Texas residents. > 📌 While Recart provides compliant opt-in and message management tools, > > **legal registration obligations like SB140 remain your responsibility as the sender** ### Are There Any Exemptions? Yes. Some businesses are not required to register, such as: * Nonprofit organizations * Restaurants and food-related businesses * Retail businesses that have been operating under the **same name for at least two years** However, exemptions are **not automatically granted** — we recommend reviewing the law carefully or consulting a legal advisor. ### Key Resources * [Register with the Texas Secretary of State](https://www.sos.state.tx.us/statdoc/forms/3401.pdf) * [Texas Business and Commerce Code §302](https://statutes.capitol.texas.gov/Docs/BC/htm/BC.302.htm) * [SB140 Legislative Updates](https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R\&Bill=SB140) * [Registration FAQs](https://www.sos.state.tx.us/statdoc/faqs3400.shtml) ### Where to Find Your Registered Business Address and Sending Number in Recart If you need to locate the business address and sending number associated with your Recart account, you can find them within the Recart app under the **Settings** section: * **Business Address**: Go to [Settings → General](https://app.recart.com/settings/general) and scroll down to view the address on file. * **Sending Number**: Go to [Settings → SMS](https://app.recart.com/settings/sms) to view your active sending number (e.g. TFN or Shortcode, depending on your setup). These details are important for verifying your compliance information, including registrations like the Texas Secretary of State filing. ### Why This Matters for You As SMS regulations evolve, staying compliant ensures you avoid fines and protect your sender reputation. While Recart already handles **TCPA-compliant opt-ins** and includes **built-in sender identification**, **state-specific regulations like SB140 require business-level action.** We’re committed to helping you stay informed and avoid any disruptions to your SMS marketing. ### Need Support? While Recart cannot provide legal advice, we’re happy to help you understand how your Recart tools work alongside compliance efforts. For questions about the **registration process**, please contact the [Texas Secretary of State](https://www.sos.state.tx.us/statdoc/faqs3400.shtml) directly. If you’re unsure how this may affect your current flows or subscriber list, reach out to us at [**support@recart.com**](mailto:support@recart.com) — we’ll do our best to guide you. --- # Agent Instructions This documentation is published with GitBook. GitBook is the documentation platform designed so that both humans and AI agents can read, navigate, and reason over technical content effectively. Learn more at gitbook.com. ## Querying This Documentation If you need additional information that is not directly available in this page, you can query the documentation by asking a question. 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