SMS Marketing for Small Businesses in Texas: Rules, Setup and What to Send

A boutique owner in Magnolia exports 2,300 phone numbers from her point-of-sale system, signs up for a texting app, and drafts “20% off this weekend only!” Her thumb is over the send button.

Please don’t press it.

SMS marketing for a small business in Texas works well and is perfectly legal when four things are true: every person on the list agreed to get marketing texts from you, your number is registered with the carriers (A2P 10DLC or toll-free verification), you honor STOP immediately, and you send during reasonable hours. A phone number collected at checkout is not consent to marketing texts. Texas’s SB 140 also brought texts under the state’s telemarketing law in September 2025, though the state has since said businesses texting with prior consent don’t need to register.

Not legal advice. We’re marketers who set up and run text programs, not lawyers. The rules below changed several times in 2025 and 2026 and are still being litigated. Use this to get organized, then have a Texas attorney who handles TCPA work review your opt-in language and program before you launch.

Is SMS marketing worth it for a small business?

Often, yes. A short list of people who asked to hear from you can outsell a much bigger email list, and a text works on every phone in the county, flip phones included.

You’ll see “98% open rate” quoted everywhere. We’ve never found a current primary source for it, so we don’t use it. Texts do get read, which is exactly why a bad one annoys people more than a bad email.

SMS earns its keep for businesses with a reason to reach people this week:

• Restaurants filling a slow Tuesday or announcing a crawfish weekend.
• Salons, lash studios and med spas filling same-day cancellations.
• Venues and promoters with presales and “two days left” pushes (our event ticket playbook covers the timing).
• Home services sending maintenance reminders before the July heat or after a hail storm.

It’s a weaker fit for long, considered purchases like a $60,000 pool. It also belongs beside email, and if your email program is thin, start with our email marketing basics.

Text message marketing rules: the federal layer

The federal law is the Telephone Consumer Protection Act (TCPA), enforced by the FCC and, more painfully, by private lawsuits. Statutory damages run $500 per violating message, up to $1,500 if willful. A 2,000-person blast without consent is a math problem nobody wants.

Consent for marketing texts

FCC rules require “prior express written consent” for telemarketing calls and texts sent with autodialers. Under 47 CFR 64.1200, that means a written agreement with the person’s signature (an electronic signature counts) that clearly authorizes you to send marketing messages, and that tells them they don’t have to agree as a condition of buying anything.

There’s a Texas-specific wrinkle. In Bradford v. Sovereign Pest Control of TX, decided February 25, 2026, the Fifth Circuit (which covers Texas) held that the TCPA itself doesn’t require written consent for telemarketing calls; clear oral consent can count, per Holland & Knight’s summary. Don’t build your text program on that. The case was about calls, other circuits still follow the written-consent framework, and carriers require documented opt-in regardless. Get it in writing.

Rules that changed (or didn’t) in 2025 and 2026

The one-to-one consent rule is dead. That FCC rule, which required consent to name a single seller, was vacated by the Eleventh Circuit in Insurance Marketing Coalition v. FCC in January 2025, and the FCC formally dropped its attempt to amend the definition in a July 2025 order, per Faegre Drinker.

The revocation rules, on the other hand, have been in effect since April 11, 2025. People can opt out by any reasonable means, keywords like STOP and UNSUBSCRIBE count automatically, you get no more than 10 business days to honor a request, and you can’t force one exclusive way to opt out (Kelley Drye’s write-up has the detail).

“Revoke all” is the piece still waiting. It would make one opt-out apply to all your unrelated messages, appointment reminders included, and it has been pushed to January 31, 2027. Many platforms already behave this way.

Quiet hours and Do Not Call

Federal rules bar telephone solicitations before 8 a.m. or after 9 p.m. in the recipient’s local time (same 47 CFR 64.1200 section). The FCC has also made clear that National Do Not Call protections cover marketing texts.

Texas SMS marketing law: what SB 140 changed

Texas Senate Bill 140 took effect September 1, 2025. It amended the state’s telephone solicitation law (Business and Commerce Code Chapter 302) so that text and image messages count as telephone solicitations alongside voice calls. That pulled thousands of small businesses into a registration scheme built for call centers.

Registration isn’t cheap. The Texas Secretary of State’s FAQ lists a $200 filing fee and a $10,000 security deposit, with registration good for one year and renewable.

Then came the relief. In Ecommerce Marketers Alliance v. State of Texas, the parties agreed to dismiss the case, and the court’s November 17, 2025 order recited that consent-based text marketing isn’t subject to Chapter 302’s registration and disclosure requirements. The Secretary of State’s FAQ now says a business texting with prior consent “is not required to complete the Telephone Solicitation Registration Statement.”

Two cautions. K&L Gates notes the order isn’t binding precedent and no contested decision has ruled on consent-based texts under the amended law. And National Law Review lists what’s still on the hook: cold texting, purchased lists and anything sent without prior consent. It also flags a separate exemption (Section 302.058) for sellers texting only current or former customers under the same name for at least two years, and notes the Texas No-Call list and Deceptive Trade Practices Act remedies still apply.

On hours, Texas Chapter 301 limits telephone solicitation calls to 9 a.m. to 9 p.m. Monday through Saturday and noon to 9 p.m. on Sunday. National Law Review treats those hours as a call rule but recommends applying them to texts too. We go a little further and schedule marketing texts between 10 a.m. and 8 p.m., and not before noon on Sunday. It costs nothing, and nobody’s asleep at 10:15.

So if you run a Woodlands or Houston small business and every number on your list opted in, you’re very likely outside the registration requirement. Document that consent like you’ll need to prove it.

A2P 10DLC registration, toll-free verification and short codes

The carriers run their own gatekeeping, too. Business texting from a regular 10-digit number is called A2P 10DLC (application-to-person, 10-digit long code), and carriers have blocked unregistered 10DLC traffic since February 1, 2025. If your texts “send” but nobody receives them, registration is the first thing to check.

Registration has two parts. The brand is your business: legal name, EIN, address, website. The campaign is what you’ll send and how people opt in, with sample messages. Your texting platform files both with The Campaign Registry on your behalf. Per Twilio’s fee schedule, Twilio charges $46 one time for a standard brand (including secondary vetting) or $4.50 for a low-volume standard brand, a $15 campaign vetting fee, and monthly campaign fees such as $10 for standard campaigns, $1.50 for low-volume mixed and $2 for sole proprietors. Other platforms bundle or mark up these fees, so ask.

Most rejections we see trace back to a privacy policy that never mentions texting, an opt-in description that doesn’t match the real form, sample messages missing the business name or STOP language, or an EIN that doesn’t match the legal name. Fix the website first, then submit.

Toll-free numbers (888, 877 and so on) skip 10DLC but need toll-free verification instead. Twilio says unverified toll-free numbers have been blocked from texting US and Canadian phones since January 31, 2024, and verification takes about 3 to 5 business days. It’s a decent route if you don’t want a local-looking number or you mostly send transactional updates.

Short codes, the five- and six-digit numbers, cost far more and suit high-volume senders. You almost certainly don’t need one.

How to build an opt-in list the right way

The list is the whole program, and it’s where most small businesses get themselves in trouble.

Good sign-up points for local businesses:

• A keyword on a sign at the register or a table tent: “Text PATIO to (936) 555-0142 for weeknight specials.” The auto-reply confirms the program and frequency.
• A website form or pop-up with a separate, unchecked SMS checkbox and the full disclosure next to it.
• Booking and checkout flows, again with their own checkbox. Appointment confirmations are transactional; marketing needs its own yes.
• A QR code at events (a vendor booth at a Market Street event, a race expo) that opens a pre-filled text.

A sample checkbox disclosure (have your attorney adapt it):

By checking this box, I agree to receive recurring automated marketing text messages from [Business Name] at the number provided. Consent is not a condition of purchase. Up to 4 msgs/month. Msg & data rates may apply. Reply HELP for help, STOP to cancel. See our Terms and Privacy Policy.

Double opt-in (“Reply Y to confirm” before the first marketing message) isn’t legally required in most setups. We recommend it on web forms anyway. It catches typos and the guy who signs up his brother-in-law as a joke, and it leaves a clean timestamped record. You’ll lose a few sign-ups who never reply. They weren’t going to buy.

And the POS list from the opening scene? Don’t text it. Invite those customers to join by email or a keyword on receipts.

Opt-out language: STOP, HELP and what each message must include

Carriers and the FCC want the same basics from every marketing program:

• A confirmation text right after opt-in with your business name, what they signed up for, how often you’ll text, “Msg & data rates may apply,” and HELP and STOP instructions.
• Your business name on every message, ideally first. People don’t save your number.
• “Reply STOP to opt out” at least in the first message and periodically after. Many programs put it on every promotional text, and we would too.
• Automatic handling of STOP, QUIT, END, REVOKE, OPT OUT, CANCEL and UNSUBSCRIBE, plus a human reading replies like “please stop texting me,” which also count as reasonable revocation.
• One opt-out confirmation. Then silence.

Example confirmation: “[Restaurant]: You’re in! Expect up to 4 texts a month with specials and events. Msg & data rates may apply. Reply HELP for help, STOP to cancel.”

Keep messages to one segment when you can. A standard SMS segment holds 160 plain characters; one emoji or curly quote can switch the message to a format that holds only 70 per segment, and you pay per segment. Some platforms bill MMS at several times the SMS rate, so save images for messages where they earn it.

SMS marketing platforms for small businesses: honest fit notes

Pick by what the rest of your business already runs on. The slickest demo is a terrible tiebreaker. Confirm prices before you sign; they move.

Sources: Firstpier’s Klaviyo breakdown, Postscript’s pricing page, TextBolt’s January 2026 rundown (a competitor’s summary, so double-check), and Capterra for Podium’s quote-based plan.

We’d avoid sending marketing texts from a personal cell or an unregistered business-line app. It feels personal and cheap right up until the messages vanish into carrier filters and nobody can find the consent records.

What to send (and how often) by type of business

Most small programs should send 2 to 4 marketing texts a month and say so at sign-up. Transactional texts (confirmations, reminders, “your tech is 20 minutes away”) are a different category and don’t count against that number, but keep them free of promotions or they start looking like marketing.

Some patterns that fit the Houston calendar:

• Restaurants: one weekly special, one event (watch parties, crawfish season, a patio night when the humidity breaks in October). Send around 2 to 3 p.m. for same-day dinner.
• Salons, lash and med spas: same-day openings to a small “last-minute” list, plus a monthly offer. Keep treatment details and anything health-related off the lock screen.
• HVAC and home services: maintenance reminders in March and September, a pre-summer tune-up push before the July heat, and storm messaging after hail. Our home services marketing page has more on the seasonal rhythm.
• Everyone, during hurricane season (June 1 to November 30): closure and reopening texts are welcome. A pure promo during an active storm isn’t, and people remember.

Write like a person. “[Restaurant]: 4 patio tables left for tonight’s live music, 7 p.m. Reply YES and we’ll hold one. STOP to opt out” beats “HUGE DEALS INSIDE” every time. Track redemptions with a code or unique link.

Review requests by text work well. Send them to every customer, including the ones you’re nervous about (our Google reviews guide explains why).

SMS compliance checklist for Texas businesses

Print it. Then have your attorney mark it up.

Your next step

Starting from zero? Update your privacy policy to mention texting, pick a platform, register, set up one sign-up point (a keyword at the counter is easiest), and send your first campaign to a few dozen real opt-ins. Already texting? Pull your consent records this week, and pause any numbers you can’t trace to an opt-in.

If you’re running Google or Meta ads to fill that list and want to know whether the money is pulling its weight, ask for a free Ad Spend Leak Check: a 10-minute video showing where your budget is leaking, in your inbox within 48 hours. If your site needs a rebuild first, start with our comparison of WordPress, Wix, Squarespace and Webflow.

Frequently asked questions

Is it legal to send marketing text messages in Texas?

Yes, if each recipient agreed to receive marketing texts from your business, you honor opt-outs promptly, you send during allowed hours, and your number is registered with carriers. Texas SB 140 brought texts under the state telemarketing law in September 2025, but the Secretary of State says businesses texting with prior consent do not need to register. This is not legal advice; confirm your program with a Texas attorney.

Do I need to register with the Texas Secretary of State to send SMS marketing?

Usually not if your texts go only to people who gave prior consent. The Secretary of State FAQ says consent-based texters are not required to file the telephone solicitation registration, which otherwise carries a $200 fee and a $10,000 security deposit. Cold texting or texting purchased lists is a different story. The court order behind this position is not binding precedent, so document consent carefully.

What is A2P 10DLC registration and do small businesses need it?

A2P 10DLC is the carrier system for business texting from regular 10-digit phone numbers. If you send marketing or customer texts through software from a local number, you need a registered brand and campaign, and unregistered traffic has been blocked since February 2025. Your texting platform submits it for you, and fees vary by provider.

What hours can you send marketing texts in Texas?

Federal rules bar telephone solicitations before 8 a.m. or after 9 p.m. in the recipient's time zone. Texas law limits solicitation calls to 9 a.m. to 9 p.m. Monday through Saturday and noon to 9 p.m. on Sunday, and attorneys recommend applying those hours to texts. We schedule marketing texts between 10 a.m. and 8 p.m. and after noon on Sundays.

How often should a small business send marketing texts?

For most local businesses, two to four marketing texts a month is plenty, and you should state the expected frequency when people sign up. Restaurants and salons with same-day openings can sometimes go higher for a small opted-in list. Watch your opt-out rate after each send; a jump means you are texting too often or sending offers people do not care about.

Written by Sean Melton

Sean Melton is the founder of First Byte, a digital marketing agency in The Woodlands, TX. A former global CMO of a $250M software company, he has spent his career inside the businesses he markets. His team runs paid social, search, CTV and creative for brands like Equinox, Kroger and Viceroy, and shares what works here.