As we head into the new year, several pieces of legislation passed by the 89th Texas Legislature are now law. Some of these may not seem related to real estate at first glance — but they do affect the way we communicate, market, and operate our businesses across the state.
Whether you’re a Realtor, a title company owner, or part of a closing team, here’s a plain-language breakdown of three laws we’re watching closely:
1. Senate Bill 140 — Expanded Telemarketing Law (Effective Sept. 1, 2025) Even if you’ve been careful about compliance with the federal TCPA, Texas has its own version too — and it just got broader.
Under SB 140, Texas’ telemarketing law now explicitly includes text messaging — meaning SMS, MMS, and other digital solicitations — under the definition of “telephone solicitation.” That matters especially if your team sends marketing texts, reminders, or outreach to Texans. What this means for real estate pros:
- Texts intended to drive business can be treated as “telemarketing,” even if consent was given.
- Companies may need to register with the Texas Secretary of State and, depending on volume and scope, maintain a bond and file annual reports.
- Violations may be enforced as a deceptive trade practice under Texas law, with expanded liability and the possibility of private lawsuits per incident.
- Opt-out and consent documentation should now be part of your marketing workflows.
Takeaway: If your business relies on texting for Realtor outreach, appointment reminders, event invites, or follow-ups, review your compliance strategy now.
2. House Bill 3611 — New Penalties for Unauthorized Signs (Effective Sept. 1, 2025) Outdoor signs are something title companies and Realtors see everywhere — from directional office signs to broker open flyers. But TX House Bill 3611 updates how Texas treats unauthorized signage in public rights-of-way:
- First violation: up to $1,000 fine
- Second violation: up to $2,500
- Third or subsequent violations: up to $5,000
Even if a sign was placed by a third party, you — as the person whose commercial advertisement appears — can be held liable. What this means for Realtors & title teams:
- Make sure all signage is posted legally and with property owner permission
- Avoid placing temporary signs in medians, sidewalks, or utility strips
- Re-evaluate roadside marketing tactics that rely on unpermitted placements
With fines escalating quickly on repeat violations, this is a compliance area worth reviewing with your office policies in 2026.
3. House Bill 21 — Reforming Housing Tax Exemptions (Impact over time) HB 21 does not directly change closing procedures or title documentation rules, but it does make meaningful changes to how Housing Finance Corporations (HFCs) work in Texas. HFCs help finance affordable multifamily housing, historically with generous property tax exemptions.
Under the new law:
- “Traveling HFC” deals — where an HFC would exempt property outside of its home jurisdiction — are now restricted
- Projects must meet tighter affordability and tenant-protection criteria
- Existing properties must come into compliance by January 1, 2027, or risk losing exemptions
Why Realtors & title pros should care: Even if you don’t work directly in affordable housing, these changes may influence investment strategies, property tax planning, and development activity statewide. Staying ahead of evolving HFC practices will help you answer questions from clients who are building, investing, or advising on multifamily projects.
Final Thoughts Every legislative session brings updates that ripple through the real estate ecosystem — from marketing rules to how property entities are taxed. While not every law impacts closings directly, laws governing communication practices and outdoor signage do affect your day-to-day operations in a very real way.
As always, if you’re unsure how a law applies to your business, consider discussing it with legal counsel who specializes in Texas real estate and business compliance.
Being proactive now can save headaches — and dollars — down the road.
