Texas telemarketing & SMS rules for insurance agents

Texas sets no time-of-day rule of its own for live telemarketing calls, so the federal 8:00 a.m.–9:00 p.m. rule is the floor. It does restrict recorded-message dialer calls (on Sundays, not before noon), keeps its own Texas no-call list, and requires sellers to register — though licensed insurance producers are exempt from registration when the transaction is governed by the Insurance Code.

Texas regulates telephone solicitation under the Texas Telephone Solicitation Act and Texas Telemarketing Act (Tex. Bus. & Com. Code chs. 302, 304, 305), which layers requirements on top of the federal TCPA. Federal law is a floor, not a ceiling: where the two differ, the stricter rule governs.

Last reviewed 2026-09-14.

What time can I call in Texas?

For live calls, no Texas time-of-day rule was found in Business & Commerce Code chapters 302, 304 or 305, or in Public Utility Commission rule 16 TAC § 26.37; the federal 8:00 a.m.–9:00 p.m. rule is the floor. Recorded-message calls are different. Utilities Code § 55.125(a) prohibits an automated dial announcing device solicitation call terminating in Texas "before noon or after 9 p.m. on a Sunday" or "before 9 a.m. or after 9 p.m. on a weekday or a Saturday." The statute does not say whose local time applies, and § 55.122 lists no insurance exemption.

Are there Sunday or holiday restrictions in Texas?

Only for recorded-message (automated dial announcing device) calls: none before noon or after 9:00 p.m. on a Sunday, under Utilities Code § 55.125(a). No Sunday or holiday rule was found for live calls in chapters 302 or 304.

What consent does Texas require before the first call or text?

Chapter 304 prohibits telemarketing calls to a number on the Texas no-call list. Chapter 302 regulates sellers through registration rather than through a consent standard of the kind Florida and Oklahoma impose.

Does Texas treat texting differently from calling?

Yes. Section 302.001(7), as amended by S.B. 140 effective 1 September 2025, defines "telephone solicitation" to include "a transmission of a text or graphic message or of an image".

Does Texas have its own do-not-call list?

Yes. Section 304.051 directs the commission to operate a Texas no-call list, which is a combined list of consumers who requested inclusion plus the Texas portion of the National Do Not Call Registry. Scrubbing federal-only is not sufficient.

Do I need to register to solicit in Texas?

Section 302.101 requires a seller to hold a registration certificate for each business location from which it solicits, for calls made from Texas or to a purchaser in Texas. Section 302.053(3) exempts "a person who holds a license issued under the Insurance Code if the solicited transaction is governed by that code" — so a licensed producer selling a policy they are licensed for is outside Chapter 302. In a civil proceeding, the person claiming an exemption has the burden of proving it (§ 302.051(a)). The Chapter 302 exemption does not reach the Texas no-call list: Chapter 304’s own state-licensee exception (§ 304.004(5)) applies only if the call does not use an automated dialing system, the sale is completed only after a face-to-face presentation, and the consumer has not asked not to be called.

What are the penalties in Texas?

Chapter 304 is enforced by the Public Utility Commission (§ 304.251), the attorney general (§ 304.252) and licensing agencies (§ 304.253). A consumer on the Texas no-call list may sue under § 304.257 after notifying the telemarketer and filing a verified complaint, if no agency acts within the statutory period. S.B. 140 (2025) added § 304.2581, which makes Chapter 304 violations enforceable through the private remedies of the Deceptive Trade Practices Act. Under § 302.003(b), the fact that a claimant has recovered more than once may not limit recovery in a future proceeding.

Controlling statute

Texas Telephone Solicitation Act and Texas Telemarketing Act — Tex. Bus. & Com. Code chs. 302, 304, 305

Sources

• Tex. Bus. & Com. Code ch. 302 — Regulation of Telephone Solicitationprimary source
• Tex. Bus. & Com. Code ch. 304 — Telemarketingprimary source
• Tex. Bus. & Com. Code ch. 305 — Telephonic Communications Made for Purchaseprimary source
• Tex. Util. Code ch. 55, subch. F — Automatic Dial Announcing Devices (§ 55.125)primary source
• Texas Secretary of State — Telephone Solicitation Registrationprimary source

How APEX enforces these rules on every send

APEX evaluates each outbound message and call before it leaves the platform. Quiet hours are applied in the contact's local time rather than the agent's, DNC scrubbing runs against federal, state, internal, and litigator lists, and every allow-or-block decision is written to an immutable audit log. See security & compliance for the full guardrail set.

Configuring a platform correctly does not by itself make a campaign lawful. You remain responsible for your consent records and your calling practices.