Texas passed Senate Bill 140 (SB140) that took effect September 1, 2025, updating the state’s telemarketing rules. For the first time, Texas law clearly says that text messages and images count as “telephone solicitations.”
This matters to real estate investors who rely on calling and texting to find motivated sellers and buyers. The new Texas SB140 telemarketing law brings the state into alignment with the federal Telephone Consumer Protection Act (TCPA), which already treated text messages as covered under telemarketing.
Disclaimer: This article is for informational purposes only and does not contain legal advice. It reflects our general understanding of the law. For guidance on your specific situation, you should consult an attorney.
Why SB140 Matters for Real Estate Investors
Real estate investors often use outbound calls and text messages to generate leads. These are powerful tools, but they are also closely regulated. Laws like the TCPA and the Telemarketing Sales Rule set strict limits on how businesses can contact consumers.
The new Texas SB140 telemarketing law is important because it ensures that Texas rules now match the federal standard. This means investors cannot treat text messages as a “gray area.” Under SB140, texts are officially the same as phone calls when it comes to telemarketing.
However, in our TCPA Compliance for real estate investors article, we covered the distinction in case law of why, as an investor, you might be allowed to make calls to the DNC list:
Real estate investor calls don’t “encourage the purchase or rental” of any property, goods, or services. Our calls are the exact opposite, encouraging the sale of a real estate property. No goods or services are being encouraged for purchase or rental or investment.
What Changed: Old Law vs. New Law
Before SB140, Texas law defined “telephone solicitation” more narrowly. Section 302.001(7) of the Texas Business and Commerce Code stated:
“ ‘Telephone solicitation’ means a telephone call a seller or salesperson initiates to induce a person to purchase, rent, claim, or receive an item.”
This language focused only on “telephone calls,” leaving open questions about whether texts or images were included.
The new SB140 law (2025) expands the definition. The enrolled bill states:
“… ‘telephone solicitation’ includes a telephone call, a text message, or an image sent to a telephone number…” (SB140, Enrolled 2025)
This makes it clear that text messages and images are subject to the same rules as calls. According to our legal counsel, this update simply brings Texas law in line with the Telephone Consumer Protection Act (TCPA).
Key Takeaway: Texas Now Matches the TCPA
The main takeaway is that Texas law now mirrors the TCPA.
- Before SB140: Only phone calls were clearly covered by state law.
- After SB140: Calls, texts, and images are all included.
Our legal counsel notes that this does not add new rules beyond what investors already follow under federal law. Instead, it ensures Texas TCPA compliance is now written into state law.
If you are already following the Telephone Consumer Protection Act, then SB140 should not change your daily practices.
Why It Matters for Investors
For investors in Texas, this change is not about new restrictions. It is about making sure state law is consistent with federal law. If you are texting or calling as part of your real estate business, you should already be following real estate telemarketing laws at the federal level.
That means:
- Checking every number against the Do Not Call (DNC) registry.
- Only contacting leads who have given proper consent when required.
- Adding clear opt-out instructions in your text messages.
SB140 simply confirms that these rules now apply under both state and federal law.
As we explained in our TCPA compliance blog, the safest path for investors is to tread carefully when it comes to compliance for telemarketing. SB140 makes it clear that Texas expects the same.
Frequently Asked Questions about Texas SB140
Does Texas SB140 ban text message marketing for real estate investors?
No. SB140 does not ban texting. It simply makes clear that texts and images are included in “telephone solicitations” under state law.
How does SB140 relate to the federal TCPA?
SB140 aligns Texas law with the Telephone Consumer Protection Act (TCPA), which has long covered texts and images.
What if I was already following TCPA rules?
If you were already following the TCPA, you are likely already in compliance with SB140.
What should real estate investors do now?
Keep following best practices: check the DNC list, gain consent where required, and always include opt-outs in texts. When in doubt, consult a lawyer to review your process.
Final Thoughts
The passage of Texas SB140 is not a major change for most real estate investors. Instead, it is a clarification. By including text messages and images in the definition of “telephone solicitation,” Texas has brought its rules up to date with the TCPA and the Telemarketing Sales Rule.
For investors, the message is clear: keep following the federal TCPA laws for compliance. If you already follow federal rules, you are likely in good standing and will continue to be compliant.
Staying proactive will help protect your business while still giving you the tools you need to reach motivated sellers.
