Apr 24, 2026

Assumed Names (DBAs) in Texas: County vs. State Filing

⚠️ EDUCATIONAL INFORMATION ONLY — NOT LEGAL ADVICEThis article provides general educational information about Texas Assumed Name (DBA) requirements and is not legal advice. Compliance requirements are subject to change by Texas law and regulations. This content is intended for general educational purposes and is not tailored to any individual or business. This content is limited to Texas law and may not apply in other jurisdictions. While efforts are made to keep this information current, no guarantee is made regarding accuracy or completeness. Consult a qualified Texas attorney for guidance specific to your situation.

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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.

Key Principle: An assumed name certificate is a notice filing, not a business registration. Filing it tells the public who is behind a trade name — but it does not create a separate legal entity, grant trademark rights, or prevent another party from filing the same name.

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.

"By filing an assumed name certificate, you are notifying the public that a particular business entity intends to conduct business under a name other than its legal name."Texas Secretary of State — Name Filings FAQ
Who Must File an Assumed Name Certificate?

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
⚠️ Common Mistake: Unincorporated businesses (sole proprietors and general partnerships) that file with the Secretary of State instead of the county clerk — or vice versa — may have a legally ineffective certificate. Always confirm your entity type before selecting a filing venue.

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
Key Fact: The Secretary of State does not reject assumed name certificates based on name conflicts. Multiple businesses can legally hold the same assumed name statewide. The filing is purely a public notice record — it does not grant exclusive rights to the name.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
Travis County Recording Division — Contact & Locations:Main Office: 5501 Airport Blvd., Ste. 100B, Austin, TX 78751 — Mon–Fri 8:00 AM–5:00 PMSub-station: Civil Family Courthouse, 1700 Guadalupe St., 4th Floor, Austin, TX 78701 — Mon–Fri 8:00 AM–4:00 PMMailing Address: P.O. Box 149325, Austin, TX 78714  |  Phone: (512) 854-9188

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

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
⚠️ Multi-County Operators: If your unincorporated business operates in more than one Texas county, you must file a separate Assumed Name Certificate with the county clerk in each county where you maintain a business office. A single county filing does not provide statewide coverage for sole proprietors or general partnerships.

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

  1. Search Existing Names (Recommended). Use the SOSDirect database at sos.texas.gov to search corporate entity names and existing assumed name registrations before filing.
  2. 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.
  3. 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.
  4. 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.
SOS Contact Information:Mailing: Secretary of State, P.O. Box 13697, Austin, TX 78711-3697In Person: James Earl Rudder Building, 1019 Brazos St., Austin, TX 78701Online: sos.texas.gov — SOSDirect portal  |  Phone: (512) 463-5555

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.

⚠️ Renewal Timing Is Critical: Allowing a DBA certificate to lapse suspends your right to maintain lawsuits in Texas courts arising from contracts made under that assumed name until a new certificate is filed. Do not wait until the expiration date — file the new certificate before your current one expires.

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)
"The law requires an assumed name registrant to file a new assumed name certificate when the information contained in the certificate is or becomes materially misleading. A new certificate should be filed within 60 days after the occurrence of the events which necessitate the filing."Form 503 General Information — Texas Secretary of State; Tex. Bus. & Com. Code § 71.152

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 person's failure to comply with this chapter does not impair the validity of any contract or act by the person or prevent the person from defending any action or proceeding in any court of this state, but the person 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 an original, new, or renewed certificate has been filed as required by this chapter."Tex. Bus. & Com. Code § 71.201(a)

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

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
⚠️ Additional Business Impacts: Banks and title companies typically require a valid, file-stamped Assumed Name Certificate to open business accounts or close real estate transactions under a trade name. A lapsed or missing DBA can delay or derail time-sensitive deals.

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.


⚠️ IMPORTANT DISCLAIMERThis article provides general educational information about Texas Assumed Name (DBA) requirements and is not legal advice. Compliance requirements, administrative procedures, and consequences are subject to change by Texas law and Secretary of State regulations. The information provided may not reflect current requirements or be applicable to your specific entity situation. Individual circumstances vary, and compliance issues can be complex. Always verify current requirements on the Texas Secretary of State website and consult a qualified Texas attorney for guidance specific to your business needs.


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