Assumed-Name (DBA) Registration Requirements in Texas
At a glance
| Governing law and scheme | Assumed Business or Professional Name Act, Bus. & Com. Code ch. 71 — a dual scheme: county clerk for unincorporated businesses, Secretary of State for entities (§§ 71.001, 71.051, 71.101) |
|---|---|
| Who must register | Anyone regularly conducting business or rendering professional services under an assumed name — for an individual, a name omitting the surname; for a partnership, one omitting each general partner's name; for a corporation/LP/LLC/LLP/foreign filing entity, any name other than its formation name (§ 71.002). An entity using its exact formation name files nothing (§ 71.003(b)) |
| Filing office | Unincorporated persons file with the county clerk of each county where they do business (§ 71.054); corporations, LPs, LLPs, LLCs, registered series, and foreign filing entities file with the Secretary of State (§ 71.103(a)) — the old entity county-and-state rule was repealed in 2019 |
| Filing deadline | No set number of days; file the certificate to be able to conduct business under the name. A certificate that becomes materially misleading must be replaced within 60 days (§ 71.152) |
| Publication requirement | None — Chapter 71 requires no newspaper publication |
| Filing fee | County clerk: $2 per certificate plus 50¢ per name indexed (waivable for a military veteran); Secretary of State: $25 (§ 71.155) |
| Term and renewal | Up to 10 years, as stated in the certificate; renew within the six months before expiration or the certificate becomes void, with unlimited successive 10-year renewals (§§ 71.052, 71.151) |
| Name exclusivity | None — filing gives no right to use a name in violation of unfair-competition or trademark law and 'does not in itself constitute actual use … for purposes of determining priority of rights' (§ 71.157) |
| Penalty for noncompliance | A nonfiler cannot maintain its own action on a contract or act using the assumed name until filing; the contract remains valid. If the nonfiler is sued, the court may award the plaintiff locating-and-service expenses, including attorney fees (§ 71.201); intentional violation is a Class A misdemeanor (§ 71.202) |
Requirements one by one
Who must register
Chapter 71 reaches anyone who "regularly conducts business or renders a professional service in this state under an assumed name" (§§ 71.051, 71.101). Whether a name is "assumed" depends on the business type (§ 71.002): for an individual it is a name that leaves out the surname; for a general partnership, one that leaves out any general partner's name; and for a corporation, LP, LLP, LLC, registered series, or foreign filing entity, "a name other than the name stated in its certificate of formation" (or comparable document). A name that adds words like "& Company," "& Sons," or "& Associates" — which "suggest the existence of additional owners" — also counts, even if it includes a surname.
An entity operating under its exact registered name files nothing: § 71.003(b) says the chapter "does not require" a corporation, LP, LLP, LLC, or foreign filing entity to file "under the name of the entity as stated in the certificate of formation."
Where you file depends on who you are
This is the dividing line in Texas. An unincorporated business — a sole proprietor or general partnership — files the certificate "in the office of the county clerk in each county in which the person … has or will maintain business or professional premises," or, with no premises, each county where it does business (§ 71.054). A corporation, LP, LLP, LLC, registered series, or foreign filing entity files with "the office of the secretary of state" (§ 71.103(a)).
Before September 1, 2019, entities had to file with both the Secretary of State and the county clerk. House Bill 3609 repealed the county half for entities (§ 71.103(b), (c), repealed), so an LLC or corporation now files one certificate with the Secretary of State only.
There is no publication step
Unlike California, Florida, and several other states, Texas requires no newspaper publication of an assumed name. Filing the certificate is the only public-notice step.
Fees, term, and renewal
The fees are low and statutory: the county clerk collects "$2 for filing each certificate" plus "50 cents for each name to be indexed" (waivable for a military veteran), and the Secretary of State collects "$25" (§ 71.155). A certificate is "effective for a term not to exceed 10 years" and becomes "void at the end of the certificate's stated term" unless you file a renewal "within six months preceding" expiration; renewals can repeat indefinitely, each for up to 10 years (§ 71.151). If the information in the certificate becomes "materially misleading" — for example, a change of address, ownership, or entity form — you must file a new certificate within 60 days (§ 71.152).
What happens if you skip it
A person who has not filed "may not maintain in a court of this state an action or proceeding arising out of a contract or act in which an assumed name was used" until a certificate is filed (§ 71.201(a)). The bar does not "impair the validity of any contract," and you can still defend a lawsuit. If the nonfiler is sued, the court may award the plaintiff its expenses, including attorney fees, for locating and serving that defendant (§ 71.201(b)). Separately, intentionally conducting business under an assumed name in violation of the chapter is "a Class A misdemeanor" (§ 71.202).
What trips people up
- County versus state is about your entity, not your county. A sole proprietor files at the courthouse in each county of business; an LLC files once with the Secretary of State, no matter how many counties it operates in. Mixing these up is the most common Texas mistake.
- The 2019 change caught filers off guard. Entities used to file in both places. Since HB 3609, an LLC or corporation files only with the Secretary of State (§ 71.103). Older guides that still say "file with the county too" are out of date for entities.
- Notarization differs by office. A county certificate must be "executed and acknowledged" — that is, sworn before a notary (§ 71.053). A certificate filed with the Secretary of State need only be executed by an officer or authorized person; HB 3609 dropped the acknowledgment requirement for state filings in 2019 (§ 71.104).
- The suit-bar is curable. Discovering mid-lawsuit that you never filed does not kill your claim or your contract; you file the certificate and proceed. The separate locating-and-service expense award applies when a nonfiler is the defendant and the plaintiff incurred those expenses (§ 71.201(b)).
Common questions
I'm an LLC using my exact registered name — do I file anything? No. Section 71.003(b) exempts an entity operating under its formation name. You only file if you use a different name.
Do I need a certificate to open a business bank account? Texas law does not require it for that purpose, but banks routinely ask for the file-stamped certificate before opening an account in the assumed name, so filing early avoids a delay.
Does filing my DBA stop someone else from using the name? No. Filing "does not in itself constitute actual use … for purposes of determining priority of rights" and confers no unfair-competition or trademark protection (§ 71.157). Name protection comes from trademark law.
How long does it last, and when do I renew? Up to ten years. File a renewal in the six months before it expires, or the certificate becomes void (§ 71.151).
Statutes and sources
- Tex. Bus. & Com. Code § 71.001 — statutory short title for the governing Act. Official text (accessed 2026-08-14).
- Tex. Bus. & Com. Code § 71.002 — defines "assumed name" by business type. Official text (accessed 2026-08-14).
- Tex. Bus. & Com. Code § 71.003 — entity using its formation name need not file. Official text (accessed 2026-08-14).
- Tex. Bus. & Com. Code § 71.051 — unincorporated persons must file. Official text (accessed 2026-08-14).
- Tex. Bus. & Com. Code § 71.052 — certificate contents, including a stated period not exceeding 10 years. Official text (accessed 2026-08-14).
- Tex. Bus. & Com. Code § 71.053 — county certificate executed and acknowledged. Official text (accessed 2026-08-14).
- Tex. Bus. & Com. Code § 71.054 — county-clerk place of filing. Official text (accessed 2026-08-14).
- Tex. Bus. & Com. Code § 71.101 — entities must file. Official text (accessed 2026-08-14).
- Tex. Bus. & Com. Code § 71.103 — Secretary of State filing; 2019 repeal of the entity county rule. Official text (accessed 2026-08-14).
- Tex. Bus. & Com. Code § 71.104 — state certificate execution; 2019 repeal of the acknowledgment requirement. Official text (accessed 2026-08-14).
- Tex. Bus. & Com. Code § 71.151 — 10-year term and renewal. Official text (accessed 2026-08-14).
- Tex. Bus. & Com. Code § 71.152 — new certificate within 60 days of a material change. Official text (accessed 2026-08-14).
- Tex. Bus. & Com. Code § 71.155 — filing fees. Official text (accessed 2026-08-14).
- Tex. Bus. & Com. Code § 71.157 — filing confers no priority or name right. Official text (accessed 2026-08-14).
- Tex. Bus. & Com. Code § 71.201 — civil suit-bar and expense award. Official text (accessed 2026-10-10).
- Tex. Bus. & Com. Code § 71.202 — Class A misdemeanor for intentional violation. Official text (accessed 2026-08-14).
Source links
Every statute quoted above, linked, with the date we checked it.
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