What are Texas's telemarketing rules?
| Rule | What Texas law says | Source |
|---|---|---|
| Calling hours | After 9 a.m. and before 9 p.m. on a weekday or Saturday; after noon and before 9 p.m. on Sunday. | § 301.051(b)(2) |
| Identification | Immediately after contact: the caller's name, the business and the purpose of the call. | § 301.051(b)(1) |
| Registration | Telephone solicitors register with the Secretary of State and post $10,000 security. Exempt: a person licensed under the Insurance Code if the solicited transaction is governed by that code. | §§ 302.101, 302.107, 302.053(3) |
| Texas no-call list | The Public Utility Commission keeps a list that includes the Texas part of the national registry; calls are barred 60 days after a number appears. | §§ 304.051-304.052 |
| Licensee exemption from the no-call list | Only if the call is not made by an automated telephone dialing system, the sale is completed in a face-to-face presentation, and the consumer hasn't asked not to be called. | § 304.004(5) |
| Texts | Since September 1, 2025, “telephone solicitation” includes text and image messages. | § 302.001(7) |
| Lawsuits | For violations of the federal TCPA: $500 per violation, up to $1,500 if knowing or intentional. | § 305.053 |
Federal rules apply on top of these: the TCPA, the FCC's rules in 47 CFR § 64.1200 and the FTC's Telemarketing Sales Rule. See Can AI call life insurance leads?
Do Texas's rules apply to licensed insurance agents?
Partly. The registration chapter does not apply to “a person who holds a license issued under the Insurance Code if the solicited transaction is governed by that code” (§ 302.053(3)).
The Texas no-call list is different. Its licensee exemption applies only when the call is not made by an automated telephone dialing system, the sale is completed face to face, and the consumer hasn't asked not to be called (§ 304.004(5)). Agents who sell by phone, or who call through an automated system, should plan on scrubbing the Texas list. Chapter 301's hours and identification rules apply to sales of a “consumer good or service”; whether that reaches insurance is a question for counsel, so treat the hours as applying.
Can an AI voice call leads in Texas?
Texas has no AI-specific calling rule that we found. The no-call exemption for licensees does not cover calls made by an automated telephone dialing system (§ 304.004(5)), so don't rely on it for AI calls. Texas also lets a person sue under state law for federal TCPA violations (§ 305.053), and the federal rule treats an AI voice as an artificial voice that needs prior express written consent (FCC 24-17).
How do Polca's calling limits compare with Texas's rules?
On every call, AI and human, Polca calls only between 9 a.m. and 7 p.m. in the lead's local time (checked against the lead's state and area code), never dials on Sundays, checks the agency's opt-out list at dial time, adds opt-outs it detects on calls, caps attempts per lead, and gives the agency a kill switch. Agencies can tighten these limits (narrower hours, lower caps) but cannot loosen them.
- Hours: Polca's 9 a.m. to 7 p.m., Monday to Saturday, sits inside Texas's window, and Polca doesn't dial on Sundays at all.
- Texas no-call list: not scrubbed by Polca. Get it from the Public Utility Commission and suppress it.
- Registration: Polca's registrations don't cover your agency. Confirm your Insurance Code exemption applies.
These limits do not cover every state rule. Polca's Calling & AI Voice policy says state holiday or emergency restrictions and state rules stricter than these limits are the agency's responsibility. Polca does not scrub lists against the National Do Not Call Registry or any state list, and its own registrations do not cover the agency. Your agency has to check the rules of every state it calls.
What should an agency calling Texas leads do?
- Get the Texas no-call list each quarter and suppress it, unless counsel confirms every call fits the licensee exemption.
- Confirm the registration exemption covers your agency's calls (licensed under the Insurance Code, transaction governed by it).
- Give the caller's name, the agency and the purpose right away.
- Treat texts as telephone solicitations, as Texas has since September 1, 2025.
This page is general information from Polca (polca.ai), not legal advice. Read the linked statute and talk to your own counsel before you rely on it.
Common questions
Do insurance agents have to register as telephone solicitors in Texas?
Not if they hold a license under the Insurance Code and the transaction is governed by it (Tex. Bus. & Com. Code § 302.053(3)).
Are insurance agents exempt from the Texas no-call list?
Only for calls not made by an automated telephone dialing system, where the sale is completed face to face and the consumer hasn't asked not to be called (§ 304.004(5)).
What are the telemarketing hours in Texas?
9 a.m. to 9 p.m. on weekdays and Saturday, noon to 9 p.m. on Sunday (§ 301.051).
Sources
- Tex. Bus. & Com. Code ch. 301 (telephone solicitation: hours and identification)
- Tex. Bus. & Com. Code ch. 302 (telephone solicitation registration)
- Tex. Bus. & Com. Code ch. 304 (Texas no-call list)
- Tex. Bus. & Com. Code ch. 305 (automated calls and private actions)
- FCC Declaratory Ruling FCC 24-17 (AI-generated voices are “artificial” voices under the TCPA), released Feb. 8, 2024
- 47 CFR § 64.1200 (FCC telemarketing and robocall rules)
- Polca Calling & Recording Policy
This page is general information, not legal advice. Laws and rules change; check the sources and talk to your own counsel.
Calling limits that can't be loosened.
Polca calls 9 a.m. to 7 p.m. in the lead's local time, never on Sundays, with opt-outs, attempt caps and a kill switch on every call. Your agency checks the state rules on top.
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