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In Texas the legal term is an assumed name, and the form is the Assumed Name Certificate, Form 503. The Secretary of State takes it from companies. The county clerk takes it from individuals. The Secretary of State's name filings FAQ lays out the split, and everything on this page comes from it and the office's fee schedule.
Which Texas office takes your DBA?
It depends on your business type.
- Secretary of State: corporations, LLCs (including professional LLCs), limited partnerships, professional associations, limited liability partnerships and foreign filing entities.
- County clerk: sole proprietors, general partnerships and joint ventures, estates, real estate investment trusts, and other types not listed above. You file in each county where you keep or will keep a business office.
A person with no Texas business office files in each county where they do business. For county fees and forms, contact the clerk. We did not read a county page, so we do not quote county prices.
An LLC that files with the state does not need a county filing. A change to Chapter 71 removed that duty. If you run a sole proprietorship, our DBA vs LLC guide explains why some owners form an entity first.
What does the state filing cost?
The Secretary of State must collect $25 for each assumed name certificate. Abandoning one on the state level costs $10, using Form 504. The office does not require notarization, and it accepts faxed copies and photocopies of a signed certificate.
If you want an LLC, the DBA is a second step. File the entity first. Our Texas LLC guide covers Form 205 and its $300 fee.
How long does it last and how do you keep it current?
You write a term on the certificate. It cannot be longer than 10 years from the filing date. It ends at the stated term or at 10 years, whichever comes first. To go on using the name, file a new certificate before the old one expires.
You cannot amend a certificate. If the information becomes materially misleading, such as a new business address, a new name for the registrant or a new business structure, file a new certificate within 60 days. When you stop using the name, file a statement of abandonment. Form 504 is for state filings. County abandonments follow county rules.
What does a Texas assumed name not do?
Not much beyond public notice. The Secretary of State files the certificate without checking who has a right to the name. Chapter 71 of the Business and Commerce Code does not allow a rejection for a name conflict. Several businesses can hold certificates for the same name at once.
It also gives no right to use the name in a way that breaks the law or infringes on someone else. Your LLC name works differently: it must be distinguishable in state records. See our LLC name search guide for that check.
An entity cannot file its own exact legal name as an assumed name. The legal ending, such as LLC or Inc., is not required in an assumed name, so you can drop it.
What happens if you skip the filing?
The Business and Commerce Code, sections 71.201 and 71.202, sets civil and criminal penalties for not following the assumed name rules. The office does not quote an amount in the pages we read, so we leave that out. Ask a Texas attorney if you have already been operating without a filing.
How do you search for a Texas assumed name?
We did not read a state search page built for assumed names, so we do not describe one. What we can say is that a state certificate is a public record, and that the office also gives records information by email and phone and issues copies. For a general method, use our DBA search guide, and check the county clerk for sole proprietors.
For the filing steps that most states share, see how to file a DBA. For licenses and tax permits, see the Texas business license guide.
This page does not cover county clerk fees, city sign rules or trademark protection.