Where to File a Texas Assumed Name or DBA After HB 3609
For a Texas DBA filing, the Secretary of State or county clerk question is decided primarily by your business structure—not by whether you have a storefront, customers in several counties, or a mailing address outside Texas. An LLC, corporation, LP, LLP, professional association, registered series, or foreign filing entity normally files with the Texas Secretary of State. A sole proprietor, general partnership, joint venture, estate, or other covered unincorporated business normally files with the appropriate county clerk.
House Bill 3609 did not abolish Texas assumed-name certificates. Effective September 1, 2019, it eliminated the former county-level duplicate filing for specified filing entities. That distinction remains easy to miss because older checklists and county web pages may still reflect the pre-2019 system.
Key takeaways
- LLCs and other filing entities use the Texas Secretary of State. They generally submit Form 503 and do not file a second certificate with every county listed on the form.
- Sole proprietors and general partnerships use county clerks. If the business has premises, it files in every county where it maintains or plans to maintain premises. Without Texas premises, it files in each county where it conducts business or provides professional services.
- State and county signature rules differ. Form 503 does not require notarization or an original ink signature. County certificates must be executed and acknowledged, which may mean signing before a notary or an authorized clerk.
- A routine DBA filing usually needs no certified translation. Translation becomes relevant when a bank, attorney, licensing office, or compliance reviewer separately requests English versions of foreign corporate or authority records.
Who this guide is for
This statewide guide is for first-time Texas business owners, sole proprietors, general partners, LLC members and managers, corporate officers, professional practices, foreign-company administrators, bookkeepers, paralegals, and registered-agent coordinators who intend to trade under a name different from the owner’s or entity’s legal name.
It is particularly useful if you followed the pre-September 2019 dual-filing system, cannot tell whether your business is incorporated, operate without a fixed Texas office, or have encountered conflicting instructions on a county website.
A typical state filing packet contains the entity’s exact legal name, Texas file number, jurisdiction of formation, principal-office address, proposed assumed name, counties of use, duration, and an authorized signature. County packets commonly request the assumed name, business address, organizational form, owners’ or general partners’ names and addresses, acknowledged signatures, identification for an in-person filing, and the county’s required payment.
Spanish–English is a practical language pair for Texas-facing assistance, while Chinese–English, Vietnamese–English, Portuguese–English, and other pairs may arise in foreign-company records. Texas does not publish language-pair statistics for assumed-name filings, so these examples are not an official ranking of translation demand.
Texas DBA filing: Secretary of State or county clerk?
| Business structure | Normal filing destination | County duplicate filing after HB 3609? |
|---|---|---|
| Texas or foreign corporation, including a professional association | Texas Secretary of State | No |
| LLC or PLLC | Texas Secretary of State | No |
| Limited partnership | Texas Secretary of State | No |
| Limited liability partnership | Texas Secretary of State | No |
| Registered series | Texas Secretary of State, subject to the series-name rules | Do not apply the former dual-filing rule |
| Sole proprietor | Relevant county clerk or clerks | Not applicable |
| General partnership or joint venture | Relevant county clerk or clerks | Not applicable |
| Estate, Texas REIT, or another covered unincorporated company | Generally the relevant county clerk; confirm unusual structures | Not applicable |
The controlling division appears in Texas Business & Commerce Code Chapter 71. Sections 71.101–71.104 govern filing entities, while Sections 71.051–71.054 govern individuals and covered unincorporated businesses.
If you are uncertain which row describes you, check your formation or registration record before completing a form. A storefront owned by an LLC remains an LLC filing. Conversely, using a commercial mailbox does not turn a sole proprietorship into a state filing entity.
The state route for an LLC, corporation, LP, LLP, or foreign filing entity
A filing entity that regularly conducts business under a name other than its legal name uses the Texas Secretary of State’s assumed-name process. The agency’s current Form 503 instructions provide the official form download, state that the filing fee is $25, and explain the available delivery methods.
Complete the form using the legal name already shown in the Texas record. Do not translate, shorten, or modernize that legal name merely because the business markets itself differently. The different public-facing name belongs in the assumed-name field.
Form 503 asks where the assumed name will be used in Texas. You may list individual counties or select all counties. This is a disclosure field—not an instruction to submit another certificate to every named county. That is one of the most consequential Texas-specific misunderstandings after HB 3609.
An authorized officer, general partner, member, manager, representative, or attorney-in-fact may sign as applicable. An attorney-in-fact must include the required authority statement. The Texas SOS name-filings FAQ confirms that the state accepts a photocopied or faxed signature and does not require Form 503 to be notarized.
The county route for a sole proprietor or general partnership
County filing is not merely the state procedure performed at a local counter. Chapter 71 requires the certificate to be executed and acknowledged, and each clerk controls its own form, payment methods, copy fees, identification procedures, and mail instructions.
The correct county depends on where the business operates:
- If the business maintains or plans to maintain premises in Texas, file in every county containing those premises.
- If it has no business or professional premises in any Texas county, file in each county where it conducts business or provides professional services.
A mobile consultant with no fixed premises may therefore have a broader county-filing obligation than a shop operating from one location. This rule concerns the unincorporated business’s geographic activity; it does not revive county filing for an LLC.
Use the Texas SOS County Clerks directory to locate the appropriate clerk, then open that county’s official recording or assumed-name page. The directory provides contact details, but it is not a substitute for the county’s DBA instructions.
Always download the certificate from the actual county clerk and confirm whether mailed signatures must be notarized, whether every owner must sign, what identification is accepted for an in-person acknowledgment, how the fee is calculated, and which payment methods are accepted.
What HB 3609 changed—and what it did not
Before September 1, 2019, specified filing entities could face both a Secretary of State certificate and county certificates. HB 3609 amended Section 71.103 and repealed the county-filing portions of Sections 71.103 and 71.104 for those entities.
HB 3609 did not:
- eliminate assumed-name filing for Texas businesses;
- move sole proprietors or general partnerships into the SOS system;
- turn a DBA into an LLC, corporation, business license, or tax registration;
- give the filer exclusive trademark or business-name rights; or
- remove the county-of-use field from Form 503.
If an older county page says an LLC or corporation must file locally, compare that instruction with current Chapter 71 and the current Form 503 instructions. For an unusual entity such as a registered or protected series, contact the Corporations Section or qualified Texas counsel instead of forcing the structure into an outdated checklist.
A practical Texas DBA filing workflow
- Identify the legal owner. Determine whether the owner is an individual, general partnership, Texas filing entity, or foreign entity already registered in Texas.
- Confirm that the operating name is different. Dropping an entity designator may matter: using “Blue Mesa” when the legal record says “Blue Mesa LLC” can create an assumed-name filing issue.
- Select the correct filing level. Filing entities use Form 503 with the SOS. Covered unincorporated businesses use the proper county certificate.
- Check the name without mistaking the search for clearance. A database search can reveal similar records, but filing an assumed name does not grant priority or exclusive rights. Section 71.157 limits the legal effect of the certificate.
- Prepare the correct signature. Do not pay for notarization of Form 503 merely because a county certificate would require acknowledgment. For a mailed county filing, follow that clerk’s notary and identification instructions.
- Submit and retain the filed copy. State paper filings may be mailed to P.O. Box 13697, Austin, Texas 78711-3697. Current SOS instructions direct in-person deliveries to 400 West 15th Street, Austin, Texas 78701. Do not rely on older instructions that direct public filing intake to 1019 Brazos Street.
- Use the legal name where another agency requires it. A DBA does not replace the legal entity name on tax, licensing, or ownership records. Businesses handling Texas franchise-tax reporting should separately review Texas PIR, OIR, forfeiture, and reinstatement requirements.
Texas costs, timing, and mailing reality
| Issue | State filing entity | Unincorporated county filing |
|---|---|---|
| Base filing fee | $25 for Form 503 | Set by the county; additional owner, acknowledgment, or copy charges may apply |
| Notarization | Not required | Certificate must be acknowledged; method depends on the county and submission channel |
| Submission | Electronic, mail, courier, or in-person options under SOS instructions | County-specific counter, mail, and sometimes pre-application options |
| Processing time | Varies with channel, corrections, and agency workload | Varies by county and whether signatures or payment must be corrected |
Do not rely on a universal same-day or next-day approval promise. Processing depends on the submission channel, agency workload, payment, signatures, and whether the filing requires correction. Check current SOS processing information before tying a launch, bank appointment, or lease signing to an expected approval date.
Texas has 254 counties, while the state route charges a fixed $25 filing fee. Those facts explain much of the practical difference: filing entities have one centralized destination, but an unincorporated business may face several independent local procedures when its premises or activities cross county lines.
When certified translation actually enters the process
A normal Form 503 filing does not establish a general requirement to attach foreign corporate records or certified English translations. The same is generally true of a basic county certificate, which primarily records names, addresses, business form, duration, and acknowledged signatures.
Translation may become necessary in a connected review when:
- a bank asks for a foreign commercial-registry extract or ultimate-owner record;
- an attorney must confirm that a foreign officer can authorize the Texas filing;
- a licensing or permit office requests a foreign certificate of existence, resolution, or power of attorney;
- the supporting document contains non-English seals, marginal notes, corporate titles, or registration numbers; or
- an internal compliance team needs consistent English versions of foreign parent-company records.
Keep the Texas legal name exactly as registered. A translation should explain foreign titles and supporting text without inventing a new English legal name. Names, dates, registration numbers, signatures, seals, and page relationships should remain traceable to the source.
If the receiving party asks whether it needs a certified or notarized version, obtain that requirement before ordering. The distinction is explained in Certified vs. Notarized Translation. For electronic delivery questions, see Electronic Certified Translation: PDF vs. Word.
Where Texas filers commonly get stuck
Questions appearing repeatedly in official filing FAQs and small-business discussions reveal the same practical trouble spots: an LLC owner assumes a storefront triggers county filing; a sole proprietor tries to use Form 503; a filer interprets the county field as a second payment obligation; or an owner believes a filed DBA reserves the brand.
Anecdotal forum reports can identify confusion, but they are not reliable evidence of current fees or processing times. Use current agency and county instructions for those facts. The most preventable filing failures are structural: choosing the wrong office, changing the legal entity name while completing the form, omitting an owner from a county certificate, or mailing an unacknowledged signature.
Foreign-company administrators face an additional risk: the English spelling on a translated resolution may differ from the entity name already registered in Texas. Resolve that identity mismatch before submission instead of allowing several versions to circulate among the SOS, bank, attorney, and licensing office.
Commercial translation options for foreign supporting documents
The following comparison concerns translation support, not DBA filing or legal advice. It is based on publicly described service models and local-presence signals, not a review-based ranking or government endorsement.
| Provider | Texas presence | Practical fit | Important boundary |
|---|---|---|---|
| CertOf | Online delivery throughout Texas | Certified translations of registry extracts, resolutions, powers of attorney, ownership records, seals, and annotations when a receiving party has requested English documents | Does not classify entities, provide legal advice, or file Form 503 |
| MasterWord Services | Corporate office at 303 Stafford Street, Houston, Texas 77079; published telephone 281-589-0810 | Broader business and enterprise language services; confirm certification wording, turnaround, minimum order, and revision terms for a small document packet | Its public language-service presence does not establish specialized Chapter 71 filing advice |
Before choosing any provider, ask who signs the certification, how illegible text and seals are marked, whether layout is preserved, and how name or number corrections are handled. CertOf explains its certification responsibility in Who Signs a CertOf Certified Translation Certificate?. Organizations preparing recurring multilingual records can also review bulk certified translation support.
Official and nonprofit resources
| Resource | Use it for | What it does not do |
|---|---|---|
| Texas Secretary of State, Corporations Section | Form 503, state entity records, filing status, and questions about the state assumed-name process; telephone 512-463-5555 | Does not give legal or tax advice |
| County clerk for the relevant county | Local certificate, acknowledgment method, fee calculation, identification, mailing, and copies for an unincorporated business | Does not replace the SOS for an LLC or corporation |
| Texas Small Business Development Center network | Startup education and business advising through regional centers | Does not make binding legal determinations about complex entity structures |
| State Bar of Texas referral resources | Finding counsel for series entities, foreign-registration questions, ownership disputes, or trademark risk | Not necessary for every straightforward certificate |
For a broader example of how foreign owners can encounter registration, tax, licensing, and translation questions beyond an assumed name, see the Dallas–Fort Worth business registration guide for foreign owners. Those subjects remain separate from the narrow DBA routing decision covered here.
Official-looking notices and unnecessary services
An assumed-name filing becomes a public record. Businesses may receive private offers for certificates, compliance products, monitoring, or renewal assistance. A private company may legally charge for an optional service, but its letter should not misrepresent itself as a government demand or conceal the official filing route.
Texas DBA notice check: Compare the sender, payment address, claimed deadline, service description, and amount with your filed certificate and the official SOS or county instructions. A government-like layout does not make a private solicitation mandatory.
Do not assume an annual payment is required: a Texas certificate may state a term of up to ten years. If a solicitation uses deceptive government-like presentation or makes materially misleading claims, complaints about false or deceptive business practices can be submitted to the Texas Attorney General Consumer Protection Division.
Renewal, changes, and name rights
An assumed-name certificate may last no longer than ten years. Chapter 71 permits renewal during the six months before expiration. A material change in the recorded information generally requires a new certificate within 60 days; the SOS instructions explain that Form 503 is not handled through a conventional amendment or correction filing.
Filing also does not establish trademark priority or exclusive rights. Search results and an accepted certificate therefore should not be treated as a legal clearance opinion. Entity formation, foreign qualification, local permits, tax registration, and trademark protection are neighboring issues that deserve separate review.
Frequently asked questions
Where does a Texas LLC file a DBA after HB 3609?
A Texas LLC normally files Form 503 with the Texas Secretary of State. It does not submit duplicate certificates to county clerks merely because it operates in those counties.
Does a sole proprietor file with the Texas Secretary of State?
No. A covered sole proprietor files with the appropriate county clerk or clerks. The counties depend on where the business maintains premises or, if it has no Texas premises, where it conducts business or provides services.
Why does Form 503 ask me to list counties?
The county field describes where the filing entity will use the assumed name. It is not a direction to complete a second county-level filing.
Does a Texas assumed-name certificate need to be notarized?
State Form 503 does not require notarization. A county certificate for an unincorporated business must be acknowledged, commonly before a notary or an authorized deputy clerk. Follow the specific county’s instructions.
Is “ABC” an assumed name if the legal entity is “ABC LLC”?
Potentially, yes. The public-facing name differs from the legal name shown in the formation record. Confirm the intended use and filing treatment before launching signs, accounts, or contracts.
Does filing a DBA reserve or protect the name?
No. Chapter 71 states that filing an assumed-name certificate does not give the filer exclusive rights to the name or prevent another filing. Trademark and unfair-competition questions are separate.
Does Texas require a certified translation with Form 503?
Not as a routine Form 503 attachment. A certified English translation may be requested separately for a foreign registry record, resolution, power of attorney, or ownership document reviewed by a bank, lawyer, licensing authority, or compliance team.
What should I do if a county website contradicts the current state instructions?
Check current Chapter 71 and the current Form 503 instructions first. Contact the Corporations Section or county clerk for clarification, particularly for an unusual series or foreign structure. Do not pay for duplicate filings solely on the basis of an undated checklist.
Need certified English translations for foreign company records?
If your bank, attorney, permit office, or compliance reviewer has requested English versions of foreign registry certificates, board resolutions, powers of attorney, or ownership records, submit the documents to CertOf for a certified translation quote. We can preserve names, registration numbers, titles, seals, annotations, and page formatting, with a defined revision process.
You can review the online upload and ordering process before submitting. Confirm your DBA filing destination with the Texas Secretary of State, the relevant county clerk, or qualified counsel first so that you do not order supporting documents the filing itself does not require.
Disclaimer: This guide provides general information and is not legal, tax, trademark, or filing advice. Rules, forms, fees, office procedures, and processing conditions can change. Verify current requirements with the Texas Secretary of State or the appropriate county clerk before filing.