Soliciting laws in Texas run on three tracks at once: state criminal statutes covering trespass, obstruction, and fraud; state and federal consumer protection laws that regulate telemarketers and door-to-door sellers; and city ordinances that decide who needs a permit and what hours they can knock. If you are a homeowner, a posted “No Soliciting” sign has legal force. If you bought something from a salesperson at your door, you have three business days to cancel. If a solicitor lied to you, you can sue for triple damages. The rules below walk through each of those situations.
What a “No Soliciting” Sign Actually Does
A visible “No Soliciting” sign is legal notice under Texas Penal Code Section 30.05. That statute defines criminal trespass as entering or remaining on property without effective consent when the person had notice that entry was forbidden, and it treats a posted sign reasonably likely to come to an intruder’s attention as sufficient notice. Ignoring the sign, or refusing to leave after you tell the solicitor to go, is criminal trespass.
A first offense with no aggravating factors is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. The charge can increase for trespass on certain property types, including residences. If a solicitor comes to your door despite a sign or stays after you have asked them to leave, you can call local police and report the trespass.
Permits Solicitors Must Carry
Texas has no statewide solicitation permit. Cities and counties set their own rules, and most large Texas municipalities require door-to-door salespeople to obtain a peddler’s or solicitor’s permit before working. The typical process includes an application, a fee, and sometimes a background check. Fees run from roughly $35 to several hundred dollars depending on the city and how long the permit lasts. Houston charges roughly $175 plus an administrative fee for a seven-day street vendor permit.
Operating without a required local permit is usually a municipal code violation. Some cities require solicitors to carry the permit or an ID badge and to show it on request. Rules vary meaningfully between neighboring cities, so a solicitor legal in one town may be cited in the next.
Alarm Sales and Other Regulated Industries
Some industries need more than a city permit. Under Texas Occupations Code Chapter 1702, anyone selling security-related services door to door, including alarm system sales, must be licensed through the Texas Department of Public Safety’s Private Security Bureau. Selling alarm systems without that license is a separate offense from lacking a local peddler’s permit.
Telemarketers face their own regime, administered by the Texas Public Utility Commission, which can investigate violations and impose administrative and civil penalties.
When and Where Solicitors Can Operate
Most Texas cities restrict solicitation hours more tightly than people expect. San Antonio generally prohibits door-to-door solicitation between 8:00 p.m. and 9:00 a.m. Houston prohibits solicitation after sunset or before 9:00 a.m. Austin restricts it to the hours between 7:00 a.m. and 7:00 p.m.1City of Austin. Proposition B and Homeless in Austin
Location limits come next. Austin’s ordinance bans solicitation within 25 feet of a bank entrance, ATM, or check-cashing business, as well as near school entrances and at marked crosswalks. Several cities prohibit solicitors from standing on medians and roadway dividers, mostly for pedestrian safety.
Homeowners’ associations can layer on more restrictions. Some gated communities require solicitors to obtain written permission before entering. These private rules do not carry criminal penalties by themselves, but violating them can support a criminal trespass charge if the solicitor has been told not to enter.
Your Right to Cancel a Door-to-Door Purchase
If a salesperson comes to your home and you buy something you regret, you have a legal cooling-off period under both federal and Texas law. The FTC’s Cooling-Off Rule, at 16 CFR Part 429, applies to sales of $25 or more made at your residence. You can cancel for any reason before midnight on the third business day after the sale.2eCFR. 16 CFR Part 429 – Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations
The seller must give you two copies of a cancellation form and a contract or receipt showing the date, the seller’s name and address, and a clear explanation of your cancellation right. Everything must be in the same language used during the sales pitch. If the presentation was in Spanish, the cancellation notice must be in Spanish.3Federal Trade Commission. Buyer’s Remorse: The FTC’s Cooling-Off Rule May Help
Texas reinforces the protection through Business and Commerce Code Chapter 601, which grants the same three-business-day cancellation window. The state statute says that using the FTC’s standard forms and notices satisfies Texas requirements, so sellers don’t need separate paperwork.4State of Texas. Texas Business and Commerce Code 601.052 A seller who fails to provide cancellation notices or refuses to honor a timely cancellation is violating both state and federal law. Send your cancellation in writing within the three-day window; do not wait to file a complaint first.
Deceptive and Aggressive Solicitation
Texas treats fraudulent and high-pressure solicitation seriously under both civil and criminal law.
Suing Under the Deceptive Trade Practices Act
Chapter 17 of the Texas Business and Commerce Code, the DTPA, lets consumers sue anyone who uses false, misleading, or deceptive practices. In the solicitation context, that covers exaggerating what a product does, falsely claiming a connection to a well-known charity, or misrepresenting how donated funds will be spent. A consumer who proves a DTPA violation can recover economic damages and attorney’s fees. If the conduct was knowing, the court can award up to three times the economic damages plus compensation for mental anguish. Intentional violations push the multiplier higher still.5State of Texas. Texas Business and Commerce Code Chapter 17 – Deceptive Trade Practices
Attorney’s fees and the treble-damages provision are what make small-dollar solicitation fraud worth pursuing, and they also give the Texas Attorney General leverage in enforcement actions.
Criminal Charges for Fraud
Texas Penal Code Section 32.42 creates criminal liability for deceptive business practices, including using false weights or measures, making misleading price comparisons, or advertising goods with the intent not to sell them as advertised. A basic violation is a Class A misdemeanor, punishable by up to a year in jail and a $4,000 fine.
When a fraudulent solicitation involves taking money under false pretenses, prosecutors can also bring theft charges under Texas Penal Code Section 31.03. Theft is graded by the amount taken. A scheme involving $2,500 to $30,000 is a state jail felony, carrying 180 days to two years and a fine of up to $10,000. Larger amounts reach higher felony grades with longer prison sentences.
Aggressive Conduct
Several cities have ordinances targeting physically aggressive or harassing solicitation. Austin prohibits repeated requests after someone has already declined. Solicitors who make physical contact, block a person’s path, or use threatening language can face both local ordinance charges and state charges, including obstruction.
Texas Penal Code Section 42.03 makes it a crime to intentionally, knowingly, or recklessly block a street, sidewalk, highway, entrance, or any other space the public uses for passage. The baseline offense is a Class B misdemeanor. If the obstruction blocks an emergency vehicle using lights and sirens, or blocks access to a hospital emergency department, the charge rises to a state jail felony.6State of Texas. Texas Penal Code 42.03 – Obstructing Highway or Other Passageway
Telemarketing and the Texas No-Call List
Texas Business and Commerce Code Chapter 304 creates the Texas No-Call List and regulates telemarketing statewide. Any Texas consumer can add a phone number to the list at no cost through the state’s online portal. Each entry lasts three years and can be renewed.7State of Texas. Texas Business and Commerce Code Chapter 304 – Telemarketing
Telemarketers must update their internal do-not-call databases from the state list every quarter, on January 1, April 1, July 1, and October 1. They then have 60 days after each quarterly update to stop calling newly listed numbers.8Public Utility Commission of Texas. FAQs For Telemarketers Exemptions cover calls within an existing business relationship, calls to collect a debt, and calls responding to a consumer’s own inquiry.
Federal rules add a second layer. The FTC’s Telemarketing Sales Rule prohibits calls before 8:00 a.m. or after 9:00 p.m. in the consumer’s time zone and requires telemarketers to honor the national Do Not Call Registry. Violations can trigger civil penalties of up to $53,088 per call, adjusted annually for inflation.9Federal Trade Commission. Complying with the Telemarketing Sales Rule A telemarketer calling a Texas number listed on both the state and federal registries faces exposure under both.
Charitable and Public Safety Solicitation
Texas does not require most charities or nonprofits to register with the state before soliciting. The registration mandate applies to a narrower category: organizations invoking law enforcement or public safety.10Office of the Attorney General. Registration and Filings
Under Occupations Code Chapter 1803, groups whose names or pitches imply they represent police, firefighters, or emergency medical personnel must register with the Texas Secretary of State, pay a fee, and post a surety bond. The requirement extends to the organizations themselves, their solicitors, and independent promoters.11State of Texas. Texas Occupations Code Chapter 1803 – Public Safety Solicitation
Before collecting any payment, a public safety solicitor must provide a disclosure that includes the name of the registered organization, the name of any solicitor involved, a general statement of how the funds will be used, and a phone number the donor can call to reach the Secretary of State’s office.12State of Texas. Texas Occupations Code 1803.101 – Solicitation Disclosure Separate registration rules apply to veterans organizations under the Veterans Solicitation Act, and organizations using commercial telephone solicitors must file a $50,000 surety bond with the Secretary of State.
When a Permit Is Not Required
Religious and political canvassing enjoy broad First Amendment protection. The U.S. Supreme Court has struck down a municipal ordinance requiring permits for non-commercial door-to-door canvassing, so Texas cities generally cannot demand permits for religious proselytizing, political canvassing, or handbill distribution. These groups still must follow time-and-place restrictions and trespass rules.
Charitable groups that use only volunteer fundraisers and pay no professional solicitors are typically outside the public safety registration regime. School groups, PTAs, and youth organizations like scouting troops can generally solicit without special licensing. None of these exemptions cancel out the DTPA or other consumer protection statutes. A volunteer-run charity that lies about how donations will be used faces the same civil exposure as a paid solicitor.
Penalties at a Glance
- Missing a local permit is usually a municipal code violation, with fines that escalate for repeat offenses.
- Criminal trespass, including ignoring a “No Soliciting” sign or refusing to leave, is a Class B misdemeanor: up to 180 days in jail and a $2,000 fine.
- Obstructing a public passageway is a Class B misdemeanor, rising to a state jail felony if emergency vehicles or hospital access are blocked.6State of Texas. Texas Penal Code 42.03 – Obstructing Highway or Other Passageway
- Deceptive business practices under Section 32.42 is a Class A misdemeanor: up to a year in jail and a $4,000 fine.
- Theft by deception is graded by amount; a scheme taking $2,500 to $30,000 is a state jail felony, and larger amounts reach higher felony grades.
- DTPA civil liability includes economic damages, attorney’s fees, and up to three times damages for knowing or intentional violations.5State of Texas. Texas Business and Commerce Code Chapter 17 – Deceptive Trade Practices
- Federal telemarketing violations carry penalties up to $53,088 per unlawful call.9Federal Trade Commission. Complying with the Telemarketing Sales Rule
The Texas Attorney General can also file enforcement actions seeking injunctions, restitution for victims, and additional civil penalties.
How to Report a Solicitation Violation
If a solicitor ignores your sign, refuses to leave your property, or behaves in a threatening way, call local police. Criminal trespass and obstruction can be addressed on the scene.
For fraud or deceptive practices, file a complaint with the Texas Attorney General’s Consumer Protection Division, which investigates false advertising, misuse of charitable funds, and predatory sales tactics.13Office of the Attorney General. File a Consumer Complaint Telemarketing complaints can go to the Texas Public Utility Commission, which oversees the state No-Call List and can impose administrative penalties on violators.8Public Utility Commission of Texas. FAQs For Telemarketers If you want to cancel a door-to-door purchase, send the seller written notice within three business days; that preserves your refund right regardless of any complaint you also file.