Texas SMS Marketing Law: What You Need to Know About Registration, Bonding, and Compliance
SMS marketing is one of the most powerful tools for reaching customers and generating leads — but in Texas, it’s also heavily regulated. Businesses that use automated text messaging for marketing purposes must meet specific legal requirements or risk enforcement, fines, and legal liability.
This guide outlines exactly what Texas businesses need to do to stay compliant, including:
State registration and bonding requirements,
Quiet hour restrictions for sending texts,
The role of CRM platforms like Go High Level (GHL) in compliance,
And special considerations for franchise businesses.
Who Needs to Register for SMS Marketing in Texas?
Under Texas Business & Commerce Code Chapter 302, any business that sends automated or commercial text messages to Texas residents may be required to register as a telemarketer and meet the following requirements:
Register with the Texas Secretary of State,
Pay a $200 annual fee, and
Post a $10,000 surety bond payable to the State of Texas.
This applies to many types of businesses — law firms, gyms, fitness studios, medical offices, salons, lead generation companies, and franchises — especially if you’re sending mass texts using a CRM or automation platform.
You likely need to register if:
You use a platform (like Go High Level, Twilio, Klaviyo, or others) to send SMS campaigns,
You send text messages to Texas residents for commercial purposes,
You do not have documented, express written consent for each contact,
You use purchased leads or contact consumers who haven’t interacted with your business directly.
Registration and Bonding Requirements
Step 1: Register with the State
All telemarketers in Texas must file a registration with the Texas Secretary of State.
Start here: Texas Telemarketing Registration Portal
Step 2: Pay the $200 Annual Fee
This fee is required for each business entity conducting outbound marketing.
Step 3: Post a $10,000 Surety Bond
The bond is a legal guarantee payable to the State of Texas, used to protect consumers from unlawful marketing activity.
Where to Get the Bond
You can obtain the bond from any licensed surety provider, such as:
SuretyBonds.com
Jet Insurance
The Hartford
Your local insurance agent or broker
Estimated bond cost: Between $100–$300 per year, depending on your credit.
The bond must be filed along with your telemarketing registration and remain active as long as your SMS marketing continues.
Quiet Hour Restrictions: When Can You Legally Send Texts in Texas?
Texas law prohibits sending commercial text messages to consumers before 8:00 a.m. or after 9:00 p.m. in the recipient’s local time zone.
These restrictions apply seven days a week, including Sundays.
There is no separate Sunday restriction under Texas law.
Using Go High Level (GHL) or Other CRMs to Comply
We use Go High Level (GHL) as an example in this guide because it’s commonly used by small businesses, agencies, and franchise systems to manage SMS campaigns.
However, the same legal requirements apply no matter what platform you use — GHL, Twilio, Klaviyo, Podium, etc.
What matters is that your CRM:
Supports time-based restrictions (quiet hours),
Logs opt-in consent and opt-outs,
Allows message tracking and list segmentation,
Supports Do-Not-Call (DNC) filtering.
GHL Limitation: Only One Global Time Window
GHL only allows you to set one global quiet time window, which applies every day of the week. This means you cannot set a separate schedule for Sunday.
To stay compliant without restricting weekday performance, we recommend:
Recommended GHL Setting:
Set messages to send only between 08:00 and 21:00 (8 a.m. – 9 p.m.) recipient’s local time
Apply this to all campaigns
To configure in GHL:
Navigate to Settings > Phone Numbers
Locate the “Allowed Time Window” or “Send Text During” setting
Set the start time to 08:00, end time to 21:00
Save your changes
This configuration ensures you remain compliant with Texas law across all seven days, including Sundays.
Compliance Obligations Beyond Timing
Whether you're registered or exempt, your business must also:
Obtain express written consent before sending marketing texts,
Keep records of how and when each contact opted in,
Include an opt-out option in every message (e.g., “Reply STOP to unsubscribe”),
Honor opt-out requests immediately,
Avoid sending messages to numbers listed on the Texas or Federal Do-Not-Call (DNC) lists,
Avoid misleading content or deceptive claims.
Failure to comply can result in civil penalties up to $25,000 per violation under Texas law.
Special Section: What Franchisees and Franchisors Need to Know
Franchise systems have unique responsibilities because each location is typically its own legal entity. This affects registration, bonding, and SMS campaign control.
If you’re a franchisee operating in Texas:
You are individually responsible for compliance if your location:
Sends SMS messages using GHL or another system,
Is a separate LLC or corporation,
Controls or schedules its own campaigns (even from shared templates)
You must:
Register with the Texas Secretary of State
Pay the $200 fee
Obtain your own $10,000 bond
Set your quiet time window to 8:00 a.m. – 9:00 p.m.
Maintain proper consent documentation
If you’re the franchisor:
You may have shared legal exposure if:
You create or approve message templates,
You manage or send campaigns for franchisees,
You collect lead data and distribute it for SMS use,
You require the use of a vendor or CRM that is not compliant
Franchise Best Practices:
Provide franchisees with compliance training and guidance,
Ensure every location registers and bonds where applicable,
Require proof of consent and opt-out handling from vendors,
Default all shared SMS templates to follow
Final Thoughts
If your business — or your franchise location — is sending SMS messages in Texas, compliance is not optional. Fortunately, the steps are straightforward when you understand the rules:
Register and bond if you’re required,
Set your CRM to respect quiet hours,
Collect and retain opt-in consent,
Make it easy for contacts to opt out, and
Don’t message anyone who didn’t ask to hear from you.
You don’t have to stop sending texts — you just have to send them legally.
About the Author
Scott Reib is America’s Legal Coach and founder of Reib Law and the Access Plan, a subscription-based legal service built to give business owners reliable, on-demand legal support. With over 20 years of experience helping entrepreneurs protect and grow their businesses, Scott is a trusted voice on proactive legal strategy, risk prevention, and scaling with confidence.
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