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Operating your business under a name different from your legal entity name requires filing an Assumed Name Certificate, commonly known as a "Doing Business As" (DBA). This educational resource clarifies when you need to file, the differences between county-level and statewide filings, specific procedures for Travis County and other Texas counties, renewal requirements, and penalties for non-compliance under Chapter 71 of the Texas Business and Commerce Code.
What Is a Texas Assumed Name (DBA)?
In Texas, a Doing Business As (DBA) name — officially called an Assumed Name — is any name under which a person or business entity conducts business or renders professional services that differs from its legal name. For a sole proprietor, the legal name is the owner's personal name. For a corporation or LLC, it is the name recorded in the Certificate of Formation on file with the Texas Secretary of State.
The assumed name framework is governed by Chapter 71 of the Texas Business and Commerce Code (TBCC). The core purpose of Chapter 71 is transparency: it creates a searchable public record that links a trade name back to the real person or entity responsible for operating it, enabling consumers, creditors, and potential litigants to identify who is actually behind a business.
Common reasons businesses use assumed names include rebranding, operating multiple product lines under one legal entity, creating consumer-friendly names, and establishing the ability to open bank accounts and sign contracts under the trade name.
Who Must File an Assumed Name Certificate?
Texas law requires any person or entity that regularly conducts business or renders professional services in Texas under a name other than its legal name to file an Assumed Name Certificate. The filing location depends entirely on the type of business entity involved.
| Business Type | File With | Statute |
|---|---|---|
| Sole Proprietorship | County Clerk | § 71.101 |
| General Partnership / Joint Venture | County Clerk | § 71.101 |
| Real Estate Investment Trust / Estate | County Clerk | § 71.101 |
| Corporation (for-profit, nonprofit, professional) | Secretary of State | § 71.103 |
| LLC / PLLC | Secretary of State | § 71.103 |
| Limited Partnership (LP) / LLP | Secretary of State | § 71.103 |
| Foreign Filing Entity (out-of-state) | Secretary of State | § 71.103 |
Practical Examples
Jane Doe operates a catering business as "Lone Star Eats." Because Jane is a sole proprietor, her legal name is "Jane Doe." She must file an Assumed Name Certificate with the county clerk in each county where she operates.
ABC Holdings, LLC wishes to market consulting services as "Premier Strategy Group." Because ABC Holdings is an LLC, it must file Form 503 with the Texas Secretary of State — not with any county clerk.
County Filing vs. State Filing: Key Differences
The most important structural distinction in Texas DBA law is whether your filing must go to a county clerk or the Texas Secretary of State. These are not interchangeable; they serve different entity types under different procedures.
Before 2019, many incorporated entities (LLCs, corporations, LPs) were required to file at both the county and state levels. House Bill 3609, effective September 1, 2019, eliminated the county-level filing requirement for incorporated and foreign filing entities. Since that date, state-registered entities file only with the Secretary of State, and a single statewide filing covers all 254 Texas counties.
County Clerk Filing
- Who: Sole proprietors, general partnerships, REITs, estates
- Form: County-specific Assumed Name Certificate (varies by county)
- Fee: Typically $14–$25 base + $0.50 per additional owner
- Notarization: Required (in-person or notarized mail)
- Coverage: Only the county where filed — multi-county operators must file in each county
- Duration: Up to 10 years
- Processing: Immediate in person; approximately 10 business days by mail
Secretary of State Filing
- Who: LLCs, corporations, LPs, LLPs, foreign entities
- Form:
Form 503— Assumed Name Certificate - Fee: $25 flat (credit card convenience fee may apply)
- Notarization: Not required for state filings
- Coverage: Entire state of Texas in a single filing
- Duration: Up to 10 years
- Processing: 1–2 weeks standard; expedited 1–2 days for additional $25
Travis County Filing Procedures
Unincorporated businesses operating in Austin and the greater Travis County area file their Assumed Name Certificate with the Travis County Clerk's Recording Division. As of September 1, 2019, the Travis County Clerk no longer accepts or records assumed name certificates for incorporated entities — those must be filed with the Secretary of State.
Step-by-Step: Travis County Filing
- Search for Name Availability. Before filing, search Travis County's assumed name records to check whether your desired business name is already in use. Travis County will conduct a name search for a $10.00 fee. You may also search online through the county's official public records portal.
- Complete the Assumed Name Certificate Form. Download the Travis County form from the Travis County Clerk website. The form must include the assumed name, legal name and address of all owners, business type, and the stated duration (up to 10 years). All information must be accurate — errors cannot be amended; a new certificate must be filed.
- Get All Signatures Notarized. All owner signatures must be notarized. Walk-in filers may use the notary at the Recording Division. Mail filers must have signatures notarized before submission.
- Submit and Pay the Filing Fee. The base fee is $23.00 for one owner, plus $0.50 per additional owner. In-person payment: cash, personal check, or credit card. Mail payment: cashier's check or money order payable to the Travis County Clerk.
Withdrawal and Abandonment in Travis County
Travis County provides specific forms for two situations: a Withdrawal Notice (removing one individual owner's name from the certificate without discontinuing the business) and a Certificate of Abandonment (formally discontinuing use of the assumed name entirely). The abandonment form must be filed with the same office where the original certificate was recorded.
Filing in Other Texas Counties
Texas has 254 counties. While the substantive law is uniform statewide under Chapter 71, procedural details — forms, fees, and submission methods — vary from county to county. Always check with the specific county clerk's office before filing.
Filing Fee Examples by County
| County | Base Fee (1 Owner) | Additional Owner | Notes |
|---|---|---|---|
| Travis County (Austin) | $23.00 | +$0.50 | In-person, mail, or online application |
| Harris County (Houston) | $24.00 | +$0.50 | Veterans exempt from additional owner fee |
| Bexar County (San Antonio) | $14.00 | +$0.50 | Online submission available |
| Dallas County | ~$15–$25 | +$0.50 | Check county clerk website for current fee |
Statewide Filing with the Secretary of State
Incorporated entities and foreign filing entities file their Assumed Name Certificate directly with the Texas Secretary of State (SOS) using Form 503. A single state-level filing covers the entire state of Texas — there is no need to file separately in each county.
How to File Form 503
- Search Existing Names (Recommended). Use the SOSDirect database at sos.texas.gov to search corporate entity names and existing assumed name registrations before filing.
- Complete Form 503. Download Form 503 from the SOS website. The form must state the assumed name, the entity's legal name exactly as it appears on SOS records, the entity type, the principal office address, the county or counties where the assumed name will be used, and the duration. Each assumed name requires a separate Form 503.
- Execute the Certificate. Must be signed by an authorized officer, general partner, member, manager, or attorney-in-fact. Notarization is not required for state filings.
- Submit and Pay $25. Submit by mail, in person, or online via SOSDirect. For expedited processing (1–2 business days), include an additional $25 expedite fee.
Important: The State Filing Is a Notice Filing Only
Filing Form 503 with the SOS does not create any right to exclusive use of the assumed name. The SOS does not reject certificates based on name conflicts — two businesses may legally have identical assumed names on file. The filing creates a public record of the association between the assumed name and the underlying entity. Exclusive name rights require federal trademark registration through the USPTO, which is a separate process.
Naming Rules and Restrictions
Not every name qualifies as an assumed name under Texas law. Chapter 71 of the TBCC, combined with the Texas Business Organizations Code, imposes several constraints.
What You Cannot Use as an Assumed Name
- Your entity's exact legal name — a name identical to the legal entity name does not meet the definition of "assumed name" and will be rejected
- Words implying a business structure that does not apply — for example, an LLC cannot use "Inc." or "Corp." as part of its assumed name
- Restricted words without proper authorization — terms such as "Bank," "Insurance," "University," and "Trust Company" typically require special licensing or government approval
- Names that violate federal or state trademark law — a DBA certificate does not protect against infringement claims by existing trademark holders
Acceptable Naming Examples
If your legal entity name is ABC, Inc.:
- ✗ Cannot file: ABC, Inc. — exact legal name, not an assumed name
- ✓ Can file: ABC — shortened form
- ✓ Can file: A.B.C., Inc. — different formatting
- ✓ Can file: Austin Business Consultants — entirely different name
There is no statutory limit on the number of assumed names a business may file. Each assumed name requires a separate certificate.
Renewal, Amendment, and Abandonment
The 10-Year Rule and Renewal
Every Assumed Name Certificate has a stated duration of up to ten years from the date of filing. The registrant selects the duration at the time of filing. To continue using the assumed name after expiration, a new certificate must be filed before the current one expires. There is no formal amendment or renewal process — you file a fresh certificate.
Material Changes: When to File a New Certificate
Texas law does not permit amendments to an existing certificate. If any information in the certificate becomes materially misleading due to a change in circumstances, a new certificate must be filed within 60 days of the triggering event. Material changes include:
- A change in the registrant's legal name
- A change in the registrant's address or principal office
- A change in the form or structure of the business (e.g., converting from a sole proprietorship to an LLC)
Abandonment (Cancellation)
To stop using an assumed name before it expires, file a Statement of Abandonment with the same office where the original certificate was filed. For state filers, this is Form 504 filed with the Secretary of State. For county filers, use the county clerk's abandonment form. Filing abandonment does not prevent another business from immediately using the same name.
Penalties for Non-Compliance
Failing to file a required Assumed Name Certificate carries real legal consequences in Texas, ranging from civil procedural disadvantages to criminal liability under Sections 71.201 through 71.203 of the Texas Business and Commerce Code.
Civil Consequences: Loss of Lawsuit Standing (§ 71.201)
A non-compliant business can still defend itself in court, but it cannot sue on contracts entered under the assumed name until it comes into compliance. Under § 71.201(b), courts may also award the plaintiff attorney's fees and service-of-process costs incurred in locating and serving a non-compliant defendant.
Criminal Penalty: Intentional Violation (§ 71.202)
Conducting business under an assumed name while intentionally violating Chapter 71 is a Class A misdemeanor — punishable by up to one year in county jail and/or a fine of up to $4,000.
Fraudulent Filing: Third-Degree Felony (§ 71.203)
Intentionally filing an Assumed Name Certificate containing a materially false statement constitutes tampering with a governmental record under Section 37.10 of the Texas Penal Code — a third-degree felony carrying a prison term of 2–10 years and a fine of up to $10,000.
Penalties Summary
| Violation | Classification | Potential Consequence | Statute |
|---|---|---|---|
| Failure to file (non-intentional) | Civil | Cannot sue; opponent may recover attorney's fees | § 71.201 |
| Intentional non-compliance | Class A Misdemeanor | Up to 1 year jail; up to $4,000 fine | § 71.202 |
| Fraudulent / false filing | Third-Degree Felony | 2–10 years prison; up to $10,000 fine | § 71.203 |
Frequently Asked Questions
Does filing a DBA protect my business name from use by others?
No. An Assumed Name Certificate is a notice filing only. Texas law expressly does not allow the SOS to reject a state-level filing because the same name already exists. Multiple businesses can legally hold the same assumed name. Name exclusivity requires federal trademark registration through the USPTO, which is a separate process.
Can my LLC file a DBA with the county clerk instead of the Secretary of State?
Since HB 3609 took effect September 1, 2019, LLCs and other incorporated entities are required to file with the Secretary of State. While some counties may still accept county-level filings from incorporated entities voluntarily, filing at the county level does not satisfy the state statutory requirement.
How many DBAs can one business have?
There is no statutory limit. A business may operate under any number of assumed names, as long as a separate Assumed Name Certificate is filed for each name. This is commonly used by holding companies operating multiple distinct brands or service lines.
What happens if I forget to renew my DBA before it expires?
The certificate expires and your right to maintain lawsuits arising from contracts under that assumed name is suspended until a new certificate is filed. The name is not reserved during a lapse — another business could file the same name during the gap. File a fresh certificate as soon as possible.
Does a DBA create a separate legal entity or provide liability protection?
No. A DBA is simply a trade name. It does not create a new legal entity and provides no liability protection. All contracts and legal obligations under the assumed name are still the responsibility of the underlying legal entity or individual. If liability protection is a goal, the appropriate step is forming an LLC or corporation — a separate legal process.
Is a DBA the same as a business license?
No. An Assumed Name Certificate is not a business license. Filing a DBA does not authorize you to engage in any regulated activity and does not replace city, county, or state licensing requirements. Check with your local municipality and relevant state agencies to determine what licenses or permits your business activity requires.