Texas: Assumed-Name (DBA) Registration Requirements

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 House Bill 3609 repealed the county half for entities
(§ 71.103(b), (c), repealed), so an LLC or corporation now files one certificate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 — but a plaintiff
in that position can be ordered to pay the defendant's expenses of locating and
serving it (§ 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. But
  you may owe the other side's service expenses, so file before you need to sue.

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 § 71.002 — defines "assumed name" by business type.
  Official text (accessed 2026-07-23).
• Tex. Bus. & Com. Code § 71.003 — entity using its formation name need not file.
  Official text (accessed 2026-07-23).
• Tex. Bus. & Com. Code § 71.051 — unincorporated persons must file.
  Official text (accessed 2026-07-23).
• Tex. Bus. & Com. Code § 71.053 — county certificate executed and acknowledged.
  Official text (accessed 2026-07-23).
• Tex. Bus. & Com. Code § 71.054 — county-clerk place of filing.
  Official text (accessed 2026-07-23).
• Tex. Bus. & Com. Code § 71.101 — entities must file.
  Official text (accessed 2026-07-23).
• Tex. Bus. & Com. Code § 71.103 — Secretary of State filing; 2019 repeal of the entity county rule.
  Official text (accessed 2026-07-23).
• Tex. Bus. & Com. Code § 71.104 — state certificate execution; 2019 repeal of the acknowledgment requirement.
  Official text (accessed 2026-07-23).
• Tex. Bus. & Com. Code § 71.151 — 10-year term and renewal.
  Official text (accessed 2026-07-23).
• Tex. Bus. & Com. Code § 71.152 — new certificate within 60 days of a material change.
  Official text (accessed 2026-07-23).
• Tex. Bus. & Com. Code § 71.155 — filing fees.
  Official text (accessed 2026-07-23).
• Tex. Bus. & Com. Code § 71.157 — filing confers no priority or name right.
  Official text (accessed 2026-07-23).
• Tex. Bus. & Com. Code § 71.201 — civil suit-bar and expense award.
  Official text (accessed 2026-07-23).
• Tex. Bus. & Com. Code § 71.202 — Class A misdemeanor for intentional violation.
  Official text (accessed 2026-07-23).