To register a DBA in Houston, TX, file an assumed name certificate with the office that matches your business structure: sole proprietors and general partnerships file with the Harris County Clerk, while corporations, LLCs, and limited partnerships file only with the Texas Secretary of State. The filing fee starts at $24 or $25, and the certificate is good for up to ten years.
Who Files Where
This is the single distinction that trips people up. Texas splits assumed name filings into two tracks based on how your business is organized.
Sole Proprietors and General Partnerships
If you run an unincorporated business, you file with the county clerk of each county where you maintain a business premises or conduct business.1Justia. Texas Code Business and Commerce Code 71.051 – Certificate for Certain Unincorporated Persons For a Houston business, that means the Harris County Clerk.
Corporations, LLCs, and Limited Partnerships
Corporations, LLCs, limited partnerships, limited liability partnerships, and foreign filing entities file with the Texas Secretary of State only.2State of Texas. Texas Code Business and Commerce Code 71.101 – Certificate for Incorporated Business or Profession, Limited Partnership, Limited Liability Company, Registered Series, or Foreign Filing Entity A 2019 law change (HB 3609) ended the old requirement that these entities also file with the county clerk.3Office of the Texas Secretary of State. Form 503 – Instructions for Assumed Name Certificate Some older City of Houston pages still describe dual filing. Ignore them.
Before You File: Search and Name Restrictions
Search the Harris County Clerk’s online assumed name index to see whether your name is already in use.4Harris County Clerk. Harris County Clerk – Assumed Names A clear result does not give you rights to the name; another business could be using it without filing, or could hold a federal trademark. Treat the search as a practical step, not a legal clearance.
Texas also blocks certain words. You cannot use names that falsely imply a government affiliation, suggest an illegal purpose, or belong to regulated industries without proper authorization. “Bank” requires a letter of no objection from the Department of Banking. “Insurance” must be paired with words like “agency” so you aren’t holding yourself out as an insurer. “Engineer” or “engineering” must be tied to a licensed engineer. “University” and “college” need approval from the Texas Higher Education Coordinating Board. “Olympic” is flatly prohibited without authorization from the U.S. Olympic Committee.
Filing With the Harris County Clerk
If you’re a sole proprietor or general partnership, you file with the Harris County Clerk’s Personal Records Department. Three ways to submit:
- In person at the main office: Harris County Civil Courthouse, 201 Caroline, Suite 330, Houston, TX 77002. Monday through Friday, 8:00 AM to 4:30 PM.
- In person at any Harris County annex location during regular business hours.
- By mail to Teneshia Hudspeth, Harris County Clerk, Attn: Personal Records Department, P.O. Box 1525, Houston, TX 77251-1525.4Harris County Clerk. Harris County Clerk – Assumed Names
Notarization is optional at the county, but it changes your fee. A notarized certificate is $24 for the first owner plus $0.50 per additional owner. Without a notary, the base fee is $25 with a $1.00 witnessing fee per document. Military veterans get a $2.00 discount and pay nothing for additional owners with proof of veteran status.5Harris County Clerk’s Office. Personal Records
Once the clerk processes the filing, you’ll receive a stamped copy. Keep it. Banks ask for it when you open a business checking account, and some landlords and vendors want to see it before signing contracts.
Filing With the Texas Secretary of State
Corporations, LLCs, limited partnerships, and other incorporated entities file Form 503 (Assumed Name Certificate) with the Secretary of State. The fee is $25.3Office of the Texas Secretary of State. Form 503 – Instructions for Assumed Name Certificate Certificates filed with the Secretary of State do not need to be notarized, and faxed copies or photocopies of signed certificates are accepted.6Office of the Texas Secretary of State. Name Filings FAQs
The form asks you to specify the term of the filing, up to ten years. You can pick the full ten years, a shorter custom period, or a specific end date.3Office of the Texas Secretary of State. Form 503 – Instructions for Assumed Name Certificate
What Goes on the Certificate
For an unincorporated business, the certificate must include:
- The assumed name you want to operate under.
- Your full legal name and residence address. For partnerships, list each general partner’s name and address, plus the partnership’s office address.
- The period you plan to use the name, up to ten years from the filing date.
- The business type: sole proprietorship, partnership, or other unincorporated form.7Justia. Texas Code Business and Commerce Code 71.052 – Contents of Certificate
Incorporated entities filing with the Secretary of State must also list the entity’s legal name as stated in its certificate of formation, the state of formation, the principal office address, and each county where the entity will conduct business under the assumed name.8State of Texas. Texas Code Business and Commerce Code 71.102 – Contents of Certificate
How Long It Lasts and What to Do if Things Change
The certificate is effective for whatever term you selected, up to ten years from the filing date.7Justia. Texas Code Business and Commerce Code 71.052 – Contents of Certificate Most filers pick the full ten years so they don’t have to refile sooner. Put the expiration date somewhere you’ll actually see it. If the certificate lapses and you keep using the name, you’re operating in violation of the statute.
If any material information changes, such as your address, the addition or departure of a partner, or a change in business form, file a new certificate reflecting the update. The old one doesn’t amend itself.
Penalties for Not Filing
Skipping the filing is not just a paperwork issue. Texas imposes a civil penalty of up to $500 per violation, and intentional failure to comply is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.9State of Texas. Texas Code Business and Commerce Code Chapter 71 – Assumed Business or Professional Name Some courts have also held that a business operating under an unfiled name may face procedural problems when it tries to bring a lawsuit.
What a DBA Does Not Do
A DBA lets you advertise, invoice, and open bank accounts under a name that isn’t your legal name or your entity’s formation name. That’s the full extent of it. Two boundaries matter.
A DBA does not create a separate legal entity or shield your personal assets. A sole proprietor who files a DBA is still personally liable for every business debt and lawsuit. If you want liability protection, form an LLC or corporation.
A DBA also does not give you exclusive rights to the name. The Texas Secretary of State says so directly: filing an assumed name certificate does not stop anyone else from filing the same name or forming a new entity using it, and multiple businesses can hold identical assumed names at once.6Office of the Texas Secretary of State. Name Filings FAQs Name protection comes from a federal trademark through the USPTO, which is a separate process.
Finally, a DBA does not require a new EIN. The IRS is clear that sole proprietors do not need a new EIN simply because they change their business name.10Internal Revenue Service. When to Get a New EIN You report income earned under the assumed name on the same Schedule C or partnership return you already file.