What Texas requires of your site, phone lines and texts

Two federal laws apply in every state: the TCPA for texts and robocalls, and CAN-SPAM for email. Our TCPA guide and call recording guide cover those. This page covers what Texas adds on top, as of October 2026. Texas licenses trades at the state level rather than general contractors, so several of the rules below attach to a specific license. The background on formation, workers' comp and licensing is on our Texas starting guide and our Texas licenses page.

Which Texas trades must show a license number in advertising?

Three state agencies write advertising rules for the trades they license. Each one reaches your website, your social profiles, flyers and business cards, not only print.

All three rules exempt a similar list: nationally placed television ads that say numbers are available on request, name-only phone book listings, nominal promotional items such as caps, and signs at your permanent business location. Phone solicitations are exempt if the caller states that the company complies with state licensing and gives the number when asked. The plumbing rule also exempts third-party aggregated listings you do not control or promote, and franchisor internet ads that say numbers are available on request.

For a website, the practical result is a number in the footer and on the contact page, and again on any quote or invoice template. Texas does not license roofers, painters, cleaners or general contractors at the state level, and none of these three rules applies to them. Cities set their own registration rules, which our Houston page covers for one large market.

Can you record calls in Texas?

Yes, if you are on the call. Texas Penal Code 16.02(c)(4) gives a defense to the interception offense when the person recording is a party to the communication, or when one party gave prior consent, unless the recording is made to commit an unlawful act. A recorded business line or an AI receptionist that records every call fits that rule for calls you take part in. Customers who phone from all-party states can create trouble, so play a one-line notice at the start. The call recording page on this site walks through wording, and the state comparison table shows the neighbors.

How do Texas telemarketing laws treat texts and cold calls?

Texas has a layered set of telemarketing chapters in the Business and Commerce Code, and 2025 widened them.

• Texts count. Senate Bill 140 took effect September 1, 2025. It added "a transmission of a text or graphic message or of an image" to the definition of telephone solicitation in Section 302.001, and it tied the term "telephone call" to Section 304.002, which covers text and image messages sent to mobile numbers.
• Deceptive trade practices. Under Section 304.2581, a violation of Chapter 304 counts as a deceptive act under the Deceptive Trade Practices Act, so public and private remedies under that law can be used.
• Texas no-call list. The Public Utility Commission keeps the list, which combines consumers who asked to be listed with the Texas portion of the national registry, and publishes it on January 1, April 1, July 1 and October 1. A telemarketer may not call a number more than 60 days after it appears on the current list (Section 304.052).
• Calling hours. Under Section 301.051, a telephone solicitor may call after 9 a.m. and before 9 p.m. on weekdays and Saturdays, and after noon and before 9 p.m. on Sundays. The caller must identify themselves, the business and the purpose immediately. Calls to people you already have a business relationship with, calls they asked for, and calls about an unfinished contract are outside that section.
• Established customers. Chapter 304 does not apply to a call tied to an existing business relationship. If the relationship ended, the exception runs until the later of the first listing of the number on the Texas list or one year after termination (Section 304.004).

Penalties are real. The attorney general may seek a civil penalty up to $1,000 per violation, or up to $3,000 for a willful or knowing violation (Section 304.252), and a listed consumer may sue for up to $500 per willful violation after complaining to the agency (Section 304.257).

Chapter 302 adds registration. A seller who makes telephone solicitations from Texas or to a Texas buyer needs a registration certificate from the Secretary of State, with a $200 filing fee and $10,000 in security (Sections 302.101, 302.106, 302.107). Section 302.058 exempts a person who solicits former or current customers and has operated under the same business name for at least two years. The Secretary of State's FAQ also states a position, based on an agreement in a federal lawsuit, that businesses texting with a consumer's prior consent do not have to complete the registration statement. It says deciding whether you must register is your responsibility, so confirm the details before sending cold marketing texts. Our texting mistakes guide lists the habits that cause trouble.

Do Texas customers get a cooling-off period?

Sometimes. Business and Commerce Code Chapter 601 applies when a merchant solicits a sale away from the merchant's place of business and the consumer agrees there, for goods or services over $25. The buyer may cancel until midnight of the third business day (Section 601.051). The merchant must hand over a complete receipt or contract containing a bold statement of that right and attach a detachable cancellation form in duplicate (Sections 601.052 and 601.053). Sales negotiated at a fixed business location are excluded.

If you sell door to door, or close a sale at a customer's home after knocking, build the notice into your quote template. Online booking that a customer starts themselves is a different situation, and it deserves a quick check with the attorney general's consumer protection office before you rely on it.

Can you add a fee for paying by card?

Not a surcharge on credit cards. Business and Commerce Code Section 604A.0021 says that in a sale of goods or services, a seller may not impose a surcharge on a buyer who uses a credit card. The definition in Section 604A.001 covers an increase in price imposed on a buyer who pays with a credit, debit or stored value card that is not imposed on a buyer who pays by other means. It excludes a discounted price for a buyer who pays with cash. A knowing violation carries a civil penalty of up to $500 per violation, and a person who fixes the problem within 30 days of notice is not liable for the penalty on that notice (Section 604A.003).

That affects invoice templates and online payment links. Quote one price, and if you want to reward cash or check, show that as a discount from the card price.

How does Texas sales tax show up on invoices?

The Comptroller says to state charges for nontaxable services separately from charges for taxable services. Otherwise your total charge is presumed taxable if the taxable portion is more than 5 percent. Its lawn care publication lists mowing, trimming, edging, planting, pruning, spraying and fertilizing as taxable. A self-employed person with no employees or helpers, and gross receipts of $5,000 or less over the last four calendar quarters, is not required to collect tax on lawn care. Above that, collection begins the first day of the next quarter. For repair and remodeling, the Comptroller says nonresidential work is taxable on the whole charge, while labor on residential work is not taxed, and materials depend on whether the contract is lump sum or separated. Your estimate and invoice templates should therefore split labor, materials and taxable service lines. Our sales tax guide covers the general idea.

Does Texas privacy law reach a small contractor?

Mostly no. The Texas Data Privacy and Security Act, effective July 1, 2024, applies to a person who is not a small business as defined by the U.S. Small Business Administration, with a narrower rule for sensitive data. Section 541.107 bars a business that sells sensitive personal data from doing so without consent. The attorney general has exclusive enforcement and there is no private right of action (Sections 541.151 and 541.156). The SBA publishes size standards by industry, so check yours before assuming you are outside the law.

What this means for your setup

Put your TDLR or plumbing board number where visitors can find it on every page that sells work, and mirror it on quote and invoice templates. Keep a website footer with the right text, and review it when the license holder changes. A business phone line and an AI receptionist can record under Texas one-party consent, plus a notice for callers outside Texas. Keep marketing texts and cold calls separate from service texts, honor opt-outs, and check the Texas hours and no-call list before any outbound campaign. Email follows federal CAN-SPAM, and Texas has no separate email statute in the sources we checked.

General information only, not legal advice. Statutes and rules get amended, so confirm the current text with the agency or a Texas attorney before you act.

Frequently asked questions