By Tamika Brooks · Updated October 6, 2026 · 6 min read
Short answer
A Texas assumed name (DBA) lets a person or company operate under a name other than its legal name. Sole proprietors and general partnerships typically file with the county clerk; corporations and LLCs typically file with the Texas Secretary of State, and some also with the county. A DBA creates no new legal entity, no liability protection and no trade license. For contractors, the name used in business should match state records, including any TDLR license record.
An assumed name, also called a DBA (“doing business as”), is a name a person or company uses in business that differs from its legal name. In Texas the filing is governed by Chapter 71 of the Business and Commerce Code. It is a public notice of who stands behind a trade name. It is not a license, not a new company and not a trademark. This article is general information, not legal advice; confirm details with a Texas attorney or the filing office.
When does a Texas contractor need an assumed name?
You generally need one whenever the name on your signs, invoices, website or contracts is not your exact legal name. Examples:
- A sole proprietor named Jane Smith who trades as “Capital Cooling”.
- An LLC registered as “JS Holdings LLC” that markets itself as “Capital Cooling”.
- A corporation that adds a brand name to its legal name, such as “Capital Cooling Services” when the registered name is “Capital Cooling, Inc.”
If you use only your full legal name exactly as registered, no assumed name filing is usually needed. Rules have exceptions, so check the statute and the filing office instructions.
Where is an assumed name filed?
The place depends on the type of business. The table is a general guide, and filing offices can change their forms and fees.
| Business type | Typical filing |
|---|---|
| Sole proprietor | County clerk in the county where the business operates |
| General partnership | County clerk |
| Corporation, LLC, LP (registered with the state) | Texas Secretary of State; some also file with the county clerk |
| Out-of-state entity registered in Texas | Secretary of State, following the entity’s registration |
Fees are modest and the certificate is generally valid for a fixed term, often ten years, after which it must be renewed. Confirm the current term and fee with the filing office. A lapsed certificate can create confusion with banks, vendors and public records.
What does a DBA not do?
This is where contractors most often get tripped up.
- No liability protection. A sole proprietor with a DBA is still personally liable. Only a properly formed entity, such as an LLC or corporation, changes that.
- No exclusive rights. Filing does not stop another business from using a similar name. Trademark protection is a separate process.
- No professional authority. A DBA does not let anyone perform regulated work. Trade licensing is separate.
- No replacement for entity formation. The DBA sits on top of whatever legal structure you have.
How does an assumed name relate to a TDLR license?
Air conditioning and refrigeration (ACR) contractors in Texas are regulated by the Texas Department of Licensing and Regulation (TDLR). The license record shows a licensee and business information, and TDLR rules expect the license number to appear in advertising. For the rules on advertising and number placement, see can you advertise HVAC services in Texas without a license.
Practical points to confirm directly with TDLR and your attorney:
- Consistency. The business name on the license record, the assumed name certificate, insurance paperwork and contracts should line up, so a customer or inspector can verify who is behind the name.
- Changes. If you adopt or drop a trade name after getting a license, check whether TDLR needs an updated record.
- Insurance and bonds. Certificates generally name the business entity. See Texas ACR contractor insurance requirements.
Because TDLR’s forms and rules change, check the current requirements on tdlr.texas.gov instead of relying on a summary. The license types themselves are explained in Class A vs Class B.
What are common mistakes?
- Operating under a brand name for years without any filing.
- Filing with the county when a state-registered entity should file with the Secretary of State, or the reverse.
- Letting the certificate expire.
- Assuming the DBA gives a business ownership of a domain name or brand.
- Listing a different name on the website than on contracts and insurance.
A simple checklist
- Confirm your legal entity name in the Secretary of State records.
- Choose the trade name and search existing Texas records and trademarks for conflicts.
- File with the correct office and keep the certificate.
- Calendar the renewal date.
- Use the same name consistently on contracts, invoices and public materials.
Frequently asked questions
Is a DBA the same as forming an LLC?
No. An LLC is a separate legal entity that can limit owner liability. A DBA only registers a trade name for an existing person or entity.
Does a Texas DBA need to be renewed?
Usually, yes. Certificates are issued for a limited term. Check the date on your certificate and the current renewal rules with the filing office.
Can I use a DBA name on a TDLR license?
TDLR sets its own rules for the names shown on license records. Check with TDLR before assuming a trade name can appear there, and do not advertise regulated work under any name until the required license is in place.
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