If you're looking to start a business in Texas using anything other than your legal name, you'll need to file a doing business as (DBA) document with the state and the county. This document provides some protection for you and your business, and it also provides a public record for others to check.
Key takeaways
- Understand the purpose and process of registering a Texas DBA and the types of business entities that require one.
- Registering a DBA in Texas offers flexibility, branding opportunities, and compliance with state regulations for 2025.
- Different business entities file at different levels: sole proprietorships and general partnerships file with county clerks, while LLCs, corporations, and other entities file with the Texas Secretary of State.
- Professional services can help simplify filing a Texas DBA or forming an LLC to gain liability protection and tax benefits.
- Texas DBAs are valid for up to 10 years and can be filed online through SOSDirect or in person at the appropriate office.
What is a Texas DBA (assumed name)?
A Texas DBA, officially called an "assumed name" under Texas law, allows businesses to operate under a name different from their legal name. This legal mechanism is governed by Chapter 71 of the Texas Business and Commerce Code and provides businesses with the flexibility to create memorable brand names without establishing separate legal entities.
The Texas DBA serves several important functions.
- Legal compliance: Meets state requirements for businesses operating under names other than their registered legal names
- Public record: Creates a searchable public record linking the assumed name to the actual business owners or entity
- Banking and contracts: Enables businesses to open bank accounts, sign contracts, and conduct business under the assumed name
- Brand protection: Provides some level of name recognition and helps establish business identity in the marketplace
When selecting a Texas DBA name, ensure it is memorable, easy to promote, and connected to the business' products or services. The name must also comply with Texas assumed name regulations, which prohibit certain words and require specific disclosures for certain business types.
Do I need a DBA in Texas?
Texas law mandates that specific business entities file an assumed name certificate when operating under a name different from their official legal name. The requirements vary based on the type of business you run, as outlined in the Texas Business Organizations Code.
You must file with the Texas Secretary of State if you are:
- A corporation operating under an assumed name
- A limited liability company (LLC) using a name other than its registered name
- A limited partnership (LP) or limited liability partnership (LLP) conducting business under an assumed name
- An out-of-state entity regularly conducting business in Texas under an assumed name
You must file with the County Clerk if you are:
- A sole proprietorship using any name other than the owner’s legal name
- A general partnership operating under a name that does not include all partners' surnames
For example, if a sole proprietor named "Jane Doe" wants to sell products as "Lone Star Marketing," a DBA is required. Likewise, if "ABC Holdings, LLC" decides to market its services as "Premier Consulting Services," it must also file an assumed name certificate.
Where do I file a DBA in Texas? (Secretary of State vs. County Clerk)
The filing location for your Texas assumed name certificate is entirely dependent on your existing business structure. This distinction is vital, as it determines which forms you use, the fees you pay, and the duration of your filing.
State-level filing (Texas Secretary of State)
Entities required to file with the State include Corporations, LLCs, LPs, LLPs, Professional entities (PLLCs, PCs, etc.), and foreign entities. The state provides three methods for filing.
Online: Filing is most efficient through SOSDirect, the Texas Secretary of State’s online filing system.
Mail: Send the completed Form 503 to the Secretary of State.
Texas Secretary of State
Corporations Section
P.O. Box 13697
Austin, TX 78711-3697.
In person: You can submit your documents directly at the Secretary of State's office.
1019 Brazos Street
Austin, TX 78701
County-level filing (County Clerk)
Sole proprietorships and general partnerships must file at the county level. You must file with the county clerk in the county where your business is located or where you primarily conduct business.
Keep in mind that Texas has 254 counties, each with its own specific procedures and forms. Common county filing requirements include a county-specific assumed name certificate, a filing fee typically ranging from $15 to $25, and a notarized signature. Additionally, some counties may have unique publication requirements, so you should always check with your local clerk's office.
| Business type | File with... | Form | Online option? |
|---|---|---|---|
| Sole proprietorship | County Clerk | County-specific form | Varies by county |
| General partnership | County Clerk | County-specific form | Varies by county |
| LLC | Texas Secretary of State | Form 503 | Yes |
| Corporation | Texas Secretary of State | Form 503 | Yes |
| LP/LLP | Texas Secretary of State | Form 503 | Yes |
| Foreign entity | Texas Secretary of State | Form 503 | Yes |
How do I file a DBA in Texas?
Filing your Texas assumed name certificate requires a careful, multi-step approach, which varies depending on whether you are filing at the state or county level.
Step 1: Search for name availability and check restrictions
Before submitting any forms, you must confirm that your chosen name is available and compliant. For state-level filings, you must search the Texas Secretary of State’s business entity database and check existing assumed names to avoid conflict. You should also verify that the name doesn't conflict with existing trademarks. For county-level filings, you must check with the specific county clerk’s office for existing assumed names, which may require an in-person search, as not all counties maintain online databases.
All Texas assumed names must adhere to several restrictions. The name cannot imply government affiliation without proper authorization, cannot use terms like "bank" or "insurance" without proper licensing, and must not be misleading about the nature of the business. Certain professional services also require specific disclosures.
Step 2: Choose the correct filing office
Based on your entity type, whether you are an LLC, corporation, or partnership (state-level) or a sole proprietorship or general partnership (county-level), determine the correct filing office using the guidelines above. Choosing the wrong office will result in rejection and delays.
Step 3: Complete Form 503 (state filings) or the county form
For state-level filings, you will use Form 503 - Assumed Name Certificate, which is available on the Texas Secretary of State website. The form requires the legal name of the entity, the assumed name(s) you wish to use, your Texas SOS file number, the desired period of use (up to 10 years), the name and address of your registered agent, and the signature of an authorized person.
For county-level filings, you must contact your county clerk for the specific assumed name form, as forms vary by county. While the required information is similar to Form 503, most counties mandate that signatures be notarized, and some may have additional publication requirements.
Step 4: Select the duration
State filings allow for a maximum term of 10 years from the filing date, though you may choose a shorter period. It is crucial to note that the certificate must be renewed with a new filing before it expires. County filings generally have terms ranging from five to 10 years, but you must check with your specific county clerk for their maximum allowable term.
Step 5: Sign and submit your filing
State-level submissions are most efficiently handled online via SOSDirect, which provides immediate confirmation. Alternatively, you can send the completed Form 503 and the filing fee via mail, or submit it in person at the Secretary of State's office. County-Level Submissions are typically done in person at the county clerk’s office during business hours, though many counties also accept submissions via mail, and some may offer online filing.
To submit your filing by mail, send the completed Form 503 with the filing fee to:
Texas Secretary of State
Corporations Section
P.O. Box 13697
Austin, TX 78711-3697.
Step 6: Pay the filing fee
State filing fees for the standard assumed name certificate are $25. For faster processing, you can pay an additional $25 for 24-hour expedited service (total $50) or an additional $100 for same-day processing (total $125). County filing fees typically fall in the $15 to $25 range, but additional fees may apply for certified copies or notary services. For instance, in Harris County, the fee is $25, and in Dallas County, it is $23.
Step 7: Get confirmation and keep records
For state filings, online submissions receive an immediate electronic confirmation, while mail filings receive a stamped copy returned by mail. For county filings, you will receive a stamped copy from the county clerk, and certified copies may be available for an additional fee. Regardless of where you file, you must keep the filed certificate and all renewal documents for your business records throughout the duration of the assumed name period.
How much does it cost to file a DBA in Texas?
Understanding the costs and timelines for Texas DBA filings helps you plan your business launch effectively. Fees and processing times vary significantly between state and county filings.
State filing costs (Texas Secretary of State)
- Standard processing: $25
- 24-hour expedited: $50 ($25 + $25 fee)
- Same-day processing: $125 ($25 + $100 fee)
- Certified copy: $10 per copy
County filing costs
County fees vary across Texas's 254 counties. Here are typical ranges:
| County size | Typical fee range |
|---|---|
| Large counties (Harris, Dallas, Tarrant) | $20–$30 |
| Medium counties | $15–$25 |
| Small counties | $10–$20 |
Additional considerations
Some Texas counties require publication of assumed name certificates in local newspapers, adding $50–$150 to total costs. Also, not all counties offer expedited processing, so check with your specific county clerk for rush options. Extra certified copies can cost $5–$10 depending on your county as well.
How long does a Texas DBA last?
Texas assumed name certificates are not perpetual and require active management to ensure continuous compliance.
Term and expiration
State-filed assumed names have a maximum term of 10 years from the filing date. There is no automatic renewal; you must file a new Form 503 before the current certificate expires to continue using the name. County-filed assumed names typically last 5 to 10 years, but terms and specific renewal procedures vary by county.
Renewal and amendment process
For state-level renewals, you must file a new Form 503 at least 30 days before your current DBA expires and pay the standard $25 filing fee. Texas does not allow amendments to assumed name certificates. If you need to change the name, ownership, or correct an error, you must first file a Certificate of Abandonment of Assumed Name (Form 504) for a $10 fee, and then immediately file a new Form 503 with the correct information for an additional $25. County-level procedures for both renewals and amendments vary significantly, so you must contact your specific county clerk.
Withdrawal or cancellation
If you cease using the assumed name, dissolve the business, or need to correct information, you must file a withdrawal. State-level withdrawal requires filing Form 504 with a $15 filing fee. County-level withdrawal procedures are determined by the local clerk, who should be contacted directly.
What should I do after I file a DBA in Texas?
Successfully filing your assumed name certificate is the first step. Now you must follow several more to ensure your business is fully operational and compliant.
Update your banking information
If you already have a business bank account, you’ll need to update your information to include your DBA. You may be able to do this online or by visiting your local branch.
Update contracts, invoices, and business documents
You must update all relevant legal and business documents to reflect your new operating name. This includes business contracts, invoices, billing statements, insurance policies, vendor agreements, and employment documents. You should also notify state and local agencies, update any state business licenses with the Texas Department of Licensing and Regulation (TDLR) and update your sales tax permit information with the Texas Comptroller of Public Accounts.
Obtain and update necessary licenses and permits
Beyond the DBA, many businesses require additional licenses. State-level licenses often include professional licenses and a sales tax permit from the Texas Comptroller. Locally, you may need city business licenses, county health department permits (for food service), and zoning compliance certificates. If you already have those licenses, update your information on them as soon as possible. If you’re applying for new licenses, use your registered name with your DBA on your application.
Consider trademark registration
A DBA establishes your right to use the name for public record, but it provides no exclusive right to the name, meaning other businesses can use similar names in different industries or locations. For stronger protection, consider pursuing trademark registration.
You can file for a Texas State Trademark with the Texas Secretary of State for a $50 fee per class of goods or services, which grants protection within the state for 10 years. For nationwide protection and stronger legal presumptions, you should file for a Federal Trademark through the U.S. Patent and Trademark Office (USPTO). This is highly recommended for businesses with unique names or plans for expansion beyond local markets.
Update tax and employment records
While filing a DBA generally doesn't require a new employer identification number (EIN), you may need to update your business name with the IRS. On the state level, ensure you update your sales tax and franchise tax (if applicable) account information with the Texas Comptroller, and modify any relevant unemployment insurance or workers’ compensation accounts.
Protect your business identity
After filing, you should proactively monitor for unauthorized use of your assumed name. You must also secure your online presence by registering relevant domain names and ensuring consistent branding across all social media profiles and business listings.
Protecting your business name and trademarks in Texas
An assumed name certificate is a starting point, but its protection is limited. You must understand the broader steps required to safeguard your business identity.
A DBA provides the legal ability to operate, but it does not provide exclusive rights to the name statewide and offers no protection against trademark infringement claims. It also doesn't prevent others from using similar names in different industries.
For stronger intellectual property protection, a Texas State Trademark Registration provides the exclusive right to use the mark within Texas for specified goods and services and offers enhanced protection in legal disputes. For ultimate protection, a federal trademark registration through the USPTO offers nationwide protection and stronger legal presumptions, which is crucial for businesses with plans for interstate commerce or significant branding investment.
Proactive name monitoring is a best practice. You can enforce your rights through measures like sending cease and desist letters for clear infringement, opposing pending trademark applications, or engaging in litigation for severe infringement cases.
Let LegalZoom help you file your DBA in Texas
Though you can file for a DBA in Texas on your own, LegalZoom can streamline the process, whether you’re filing a DBA several years after starting your business or want to file one at the same time you’re starting an LLC.
Our basic DBA filing service includes a name search, publication (if necessary), and proof of publication. If you want a little extra help, our premium service also includes unlimited 30-minute attorney consultations on new legal topics for 30 days, so you can get personalized legal advice about next steps for your business.
FAQs about filing a Texas DBA
Do I file my DBA with the Secretary of State or County Clerk?
The filing location depends on your business entity type. LLCs, corporations, limited partnerships, and out-of-state entities file with the Texas Secretary of State. Sole proprietorships and general partnerships file with the County Clerk in the county where the business operates.
Can I file a DBA online in Texas?
State-level filings (Form 503) can be filed online through SOSDirect, which is the fastest method. County-level online filing availability varies, and many counties still require in-person or mail submissions.
How long does a Texas DBA last and how do I renew it?
State-filed assumed names are valid for up to 10 years. You must file a new Form 503 (not a renewal form) before the current certificate expires. County-filed terms typically run 5–10 years, and their renewal procedures vary by county.
Does filing a DBA require a new EIN?
No, filing an assumed name certificate does not create a new legal entity, so your existing federal EIN remains valid. However, you should update your business name information with the IRS to reflect the DBA's usage.
Does a DBA offer liability protection?
No, filing a DBA offers no liability protection. It only allows you to operate under a different name. You must form a separate legal entity, such as an LLC, to gain liability protection for your personal assets.
Brette Sember, J.D., contributed to this article.
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