Filing a DBA in Texas: County vs. State Requirements Explained
Where you file a DBA in Texas depends mainly on your business structure. Some businesses submit an assumed name certificate to a county clerk, while registered entities generally file with the Texas Secretary of State. Understanding this difference helps business owners send the required paperwork to the right authority and meet Texas filing requirements.
How Do County and State DBA Requirements Differ in Texas?
Texas divides assumed name filing requirements largely by business type. Sole proprietorships, general partnerships, joint ventures, estates, real estate investment trusts and certain other businesses generally file with the appropriate county clerk based on where they maintain a business office or conduct business.
Corporations, limited liability companies (LLCs), limited partnerships (LPs), limited liability partnerships (LLPs), professional associations and foreign filing entities generally file with the Texas Secretary of State. These entities are not required to make an additional assumed name filing with county clerks.
Who Files a DBA With the County Clerk in Texas?
County filing applies to businesses that fall under Texas county-level assumed name requirements. Important filing details include:
- Business Type: Sole proprietorships, general partnerships and joint ventures generally file at the county level.
- Filing Location: File in each county where the business maintains an office. If the business has no Texas office, file in each county where it operates.
- Local Requirements: County clerks may have different forms, filing procedures and fees.
Check with the appropriate county clerk before submitting an assumed name certificate.
Who Files a DBA With the Texas Secretary of State?
Certain registered business entities follow state filing requirements when using an assumed name. Key requirements are:
- Eligible Entities: LLCs, corporations, LPs, LLPs, professional associations and foreign filing entities generally file at the state level.
- Required Certificate: Businesses can file Form 503, Assumed Name Certificate, with the state.
- Filing Fee: The Texas Secretary of State charges a $25 filing fee.
- Filing Period: The certificate can remain effective for up to 10 years.
State filing provides public notice of the assumed name but does not provide exclusive rights to that name.
County vs. State DBA Filing Requirements
The main differences between the two filing routes are:
| Requirement | County Filing | State Filing |
|---|---|---|
| Examples of Business Types | Sole proprietorships, general partnerships | LLCs, corporations, LPs, LLPs |
| Filing Authority | Applicable county clerk | Texas Secretary of State |
| Form | Varies by county | Form 503 available |
| Fee | Varies by county | $25 |
| Additional County Filing | Depends on applicable counties | Not required |
Identifying your business structure first can help you choose the correct filing route.
What Should You Check Before Filing a DBA in Texas?
Before you file a DBA in Texas, verify these details:
- Business Structure: Determine whether county or state filing requirements apply.
- Filing Authority: Identify the correct county clerk or state office.
- Assumed Name: Check the business name you plan to use.
- Current Requirements: Confirm the current forms, fees and submission instructions.
Reviewing these details can help reduce filing errors and delays.
Conclusion
Texas DBA requirements depend largely on how a business is organized. Many businesses file through county clerks, while LLCs, corporations and other specified entities file with the Texas Secretary of State. Before submitting an assumed name certificate, confirm your business type, filing authority, required form and current fee to ensure you follow the correct filing process.
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