Texas Business and Commerce Code - BUS & COM § 305.001. Prohibited Telephone Calls

(1) the person making the call or using the device knows or should have known that the called number is a mobile telephone for which the called person will be charged for that specific call;  and

(2) the called person has not consented to the making of such a call to the person calling or using the device or to the business enterprise for which the person is calling or using the device.