By Roland Love, Independence Title Vice President and Attorney & Becky Gervers, Technology Trainer
On September 1, 2025, a new law takes effect in Texas that every licensed real estate agent needs to pay attention to. Senate Bill 140 (SB 140) changes the rules for how we can use phone calls, text messages, and even picture or video messages when reaching out to clients and prospects.
This isn’t just another update buried in fine print. SB 140 has real consequences for how we do business — including the possibility of lawsuits if we don’t follow it carefully.
What SB 140 Actually Covers
The law takes the old idea of “telephone solicitation” and expands it. From September on, solicitation isn’t just about phone calls anymore. It now includes:
- Standard voice calls
- Text messages (SMS)
- Multimedia messages (MMS, photos, or videos)
- Any other electronic message that encourages someone to buy, sell, or lease property
That means the “Just Listed” blast text, the open house invite you’ve been sending, or even a friendly “new market update” message could all be treated as solicitation.
The Risk: Lawsuits From Consumers
Under SB 140, any violation counts as a violation of the Texas Deceptive Trade Practices Act (DTPA). That’s not just a slap on the wrist. It means:
- A consumer can sue you directly.
- Damages can include actual losses, attorney’s fees, and, in some cases, triple damages if the violation is intentional.
- Claims can also include “mental anguish” damages.
- And importantly, one violation doesn’t protect you from the next. A consumer can sue multiple times if the behavior continues.
This opens a new level of exposure for licensed real estate agents who are used to casual outreach by text.
Registration Requirements
If you’re reaching out to new leads or cold prospects by phone or text, SB 140 may require you to register with the Texas Secretary of State as a solicitor. This is a crucial reassessment you should make. Consent may allow messaging, but it does not exempt you from registering. Registration involves:
- A $200 registration fee
- Posting a $10,000 bond or letter of credit
- Annual renewal of that registration
- Quarterly reporting of new sales staff
There are exemptions, but they are narrow — which is why licensed real estate agents need to be careful assuming they qualify. You may find the exemptions listed in SB 140 at capitol.Texas.gov/tlodocs/89R, or at Texas Business and Commerce Code section 302.001, et seq. You should consult legal counsel if you wish to qualify under one of the exemptions.
What About Current and Past Clients?
This is the question I hear most often: “Can I still text or call my clients?”
The answer is yes, but with boundaries.
Current Clients
If you are actively representing a buyer or seller, you can contact them — but the communication must relate to the transaction.
- Transaction reminders, updates, and scheduling are all fine.
- Quiet hours still apply (9 a.m.–9 p.m. Mon–Sat; noon–9 p.m. Sun).
- Promotional messages (like “I also have a listing down the street”) blur the line into solicitation.
Past Clients
With former clients, the rules are stricter:
- Without written consent, you can only send relationship touches (anniversary messages, seasonal maintenance reminders, check-ins).
- With written consent, you can send promotional content such as “Just Listed” alerts or invitations to open houses.
The safest course: if you plan to market to your past clients by phone or text, get it in writing.
Consent, Opt-Outs, and Quiet Hours
SB 140 makes it crystal clear:
- Consent must be written. No implied permission and no pre-checked boxes. Use clear, conspicuous consent.
- Every message must include a way to opt out. For texts, that’s “Reply STOP to unsubscribe.”
- Opt-outs must be honored immediately. Your CRM or texting platform should remove that number right away.
- Respect quiet hours. Respect the Texas DNC (do not call) list.
Steps Agents Should Take Now
Here’s what I recommend every licensed real estate agent in Texas should do before September 1st, 2025:
- Audit your outreach. Where are you using calls or texts that might fall under solicitation?
- Update your intake forms. Add a clear opt-in for future marketing communications.
- Decide if you must register. If you’re contacting cold leads, plan on registering with the Secretary of State.
- Separate service from solicitation. Keep client updates about the deal distinct from marketing.
- Educate your team. Make sure assistants, ISAs, and anyone else touching client communication know the rules.
- Document everything. Keep signed consents, opt-out logs, and records of any registration.
- Consult legal counsel if you have any questions. The Secretary of State may also be helpful.
Final Thoughts
Considering going old-school? Contact your Independence Title Business Development Representative about our farming strategies and print/mail resources! SB 140 doesn’t stop licensed real estate agents from staying in touch. It does, however, raise the stakes for how you do it. Think of this as a compliance tune-up: put the right systems in place now, and you’ll protect your business while maintaining strong client communication. The key takeaways: be intentional, get consent, and document it!
