SMS marketing has been a solid tool for operators to stay in easy contact with their members, sell washes, promote features, and send important site or weather updates. UNTIL NOW!

Kidding....kidding. But if you're a Texas operator, or an operator that sends marketing text messages to Texans, there's a new senate bill that can land you in some very hot water if you aren't compliant, and it's already in effect as of this post's publication (and Ken Paxton, for better or worse, is a very active attorney general.)

Key Points to Know

• Sales Texts = Telemarketing
  If you’re sending sales-related texts to Texas residents (think: “Join our Unlimited Wash Club today” or “Half off your next wash!”), those messages are now considered “telephone solicitation” under Texas law.
• Registration + Bond Required
  Businesses may need to register with the state, pay a $200 annual fee, and provide a $10,000 surety bond.

Note: You don’t hand over $10,000 in cash. Instead, you pay a bonding company a small annual premium, and the bond covers you as required.

• May Apply Beyond Texas Residents
  While there’s still some debate, the law could also apply if your business is based in Texas, even if you text customers outside the state.
• Timing Matters
  Texas already restricts telemarketing calls to between 8 a.m. and 9 p.m.. It’s not 100% clear yet if this applies to texts, but to play it safe (and avoid annoying your customers), stick to those hours.
• Lawsuits Are a Real Risk
  Violations can be costly: up to $5,000 per message. On top of that, customers can sue for economic or mental anguish damages, and courts can award up to triple damages if the violation was knowing or intentional.
• Federal Rules Still Apply
  The federal TCPA requires prior consent for marketing texts. That hasn’t changed—SB 140 just raises the stakes in Texas.

Registration Requirements

If you fall under these new rules, here’s what Texas will expect:

• Register with the Texas Secretary of State for each business location.
• Pay a $200 annual filing fee.
• Provide a $10,000 security deposit via bond, letter of credit, or certificate of deposit.
• Submit your business details (owners, addresses, sample text messages).
• Renew registration every year.

Exemptions

Some businesses don’t need to register. Exemptions include:

• Car washes (or other businesses) that have been contacting current or former customers under the same name for at least 2 years.
• Public companies, financial institutions, schools, nonprofits, and food marketing businesses.
• Brick-and-mortar retailers (like a car wash) operating for 2+ years where most sales happen in-store.
• Businesses contracting with exempt sellers (3+ years in operation, 75% of contracts with exempt entities).
• One-off, isolated transactions not part of a regular pattern.

If your wash has been around a while and most of your promotions go to existing members or customers, there’s a good chance you fall under one of these exemptions.

Best Practices for Car Wash Operators

Even if you qualify for an exemption, SB 140 is a wake-up call to tighten up SMS marketing practices. Here’s how to protect your wash:

1. Check Your Message Content – Is it truly marketing, or is it informational? (Example: “We’re closed today for maintenance” ≠ telemarketing. “Get 20% off today only” = telemarketing.)
2. Know Who You’re Contacting – Customers vs. leads. Existing customers may be exempt; leads likely aren’t.
3. Respect Timing – Keep sends between 8 a.m. and 9 p.m. in the customer’s time zone.
4. Get Prior Consent – Always have clear opt-ins before texting. Document everything.
5. Make Opt-Out Easy – Let people unsubscribe quickly and track it across your system.
6. Talk to Legal Counsel – Laws like this are still evolving. An attorney can help you make the right calls.

Keep On Textin'...Responsibly

Like any new piece of legislation, it'll take some time to see how this really impacts Texas operators. If you're already working with a marketing agency that handles sms marketing on your behalf, checking in to make sure that you're compliant is a good first step. If you handle this internally, taking some time to look over your current practices and making sure that they align with everything outlined in the bill is a good idea as well.

The next few years are going to be weird in the world of carwash marketing. With the federal government melting down daily, leaving states to start increasing regulations on everything from SMS marketing to use of AI, coordinating marketing efforts between multiple locations in multiple states is going to get dicey. Keep your customer lists up to date, understand the privacy and data protection laws that apply to you, and, if the return isn't quite worth the trouble, start diverting marketing resources to less risky channels.