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A DBA in Texas is called an assumed name. Who files it, and where, depends on what kind of business you run. In Harris County the answer is the County Clerk for some businesses and the state for others. This page covers the county side. For the state rules see the Texas guide and the Texas DBA page.
Who files with the Harris County Clerk
The Texas Secretary of State explains in its assumed name FAQ that these filers use the county clerk, in each county where a business office is or will be kept:
- sole proprietorships;
- general partnerships and joint ventures;
- estates and real estate investment trusts;
- any other entity not on the state-filing list.
The Harris County Clerk's Personal Records page says any individual doing business in Harris County must file an assumed name showing the business name and who owns it, under Business and Commerce Code 71.001. Harris County's own small business roadmap also says a DBA certificate is filed with the County Clerk in the county where the business is located or will operate.
Who files with the state instead
The Secretary of State says corporations, LLCs, limited partnerships, professional associations, limited liability partnerships and foreign filing entities file with the state. Those entities do not also file with the county clerk. The Harris County Clerk's page gives the same split and refers to Section 71.103 of the Business and Commerce Code. See Texas LLC if you are forming one.
How to search
- Open the Assumed Name database linked from the clerk's Personal Records page.
- Search the business name, then variants and plural forms. The clerk suggests searching all variations of the name.
- Open any record to see the owner and the filing details.
- For an LLC or corporation, search the Secretary of State records too. See our DBA search guide.
A search shows what is on file. It does not prove the name is free for you to use. The Secretary of State notes that a certificate does not prevent anyone else from filing the same name, and that Texas law does not allow rejecting a certificate for a name conflict.
How to file in Harris County
The clerk's page describes two routes:
- Walk in. All owners must be present with valid government-issued identification, or you bring a completed notarized form. The clerk accepts cash, personal checks or a credit card.
- Mail in. Send the completed notarized form. The clerk requires a cashier's check or money order and does not accept personal checks.
The clerk's page lists forms for one to two owners and for four to seven owners, and a withdrawal form. It gives no fee in the text we read, so check the current fee with the clerk before you go.
How long it lasts, and changes
The clerk says the term can be from one to ten years from registration. Refile before the term ends to avoid a lapse. The Secretary of State says a new certificate must be filed within 60 days after a material change, such as a new name, address or business structure.
If you stop using the name, you can file an abandonment. The state says that for a county filing you do not use the state Form 504, because different rules apply at county level.
What a DBA does not do
The county clerk is the filing agent for the name only. A DBA is not a company and gives no liability protection. Read DBA vs LLC and how to file a DBA. Licences and permits are separate, see business license lookup.
This is general information, not legal or tax advice.
If you want an LLC behind your trade name, start your LLC.