Step 1: Choose a name Texas will accept
The name has to end with “Limited Liability Company”, “Limited Company”, “LLC” or another form the state accepts. It also has to differ from the names already on the Texas Secretary of State's records, and some words need another agency's approval. Check an LLC name in Texas against those rules and the registered names we hold, then confirm it on the official search.
Not ready to file? A reservation holds the name: $40, for 120 days. See how to reserve an LLC name.
Step 2: Appoint a registered agent
The Certificate of Formation names a registered agent: a person or company with a street address in Texas who receives lawsuits and official notices for the LLC during business hours. You can usually serve yourself if you live in the state, or pay a commercial agent a yearly fee.
Our sister site lists the registered agents Texas companies use most, with how many companies each one serves.
Step 3: File the Certificate of Formation
File it with the Texas Secretary of State. The fee is $300. File online, or on paper. The LLC exists once the state accepts the filing.
How long it takes. Faster service: $50 for two to three business days, $500 next day, $750 same day (Texas Express). (The office's page.)
Step 4: Write an operating agreement
Texas doesn't require one (Tex. Bus. Orgs. Code § 101.052), but without it the state's default rules decide how the LLC is run and how profits and votes are shared. It stays in the company's records; it isn't filed.
Make a free Texas LLC operating agreement and download it as a Word file.
Step 5: Get an EIN
An EIN (employer identification number) is the LLC's federal tax ID: banks ask for it to open a business account, and the LLC needs one to hire. The IRS issues it free; apply online at irs.gov once Texas has accepted the Certificate of Formation.
Step 6: File the Texas LLC annual report
Fee: No annual report is filed with the Secretary of State; LLCs file an annual franchise tax report with the Comptroller, or only a Public Information Report (or Ownership Report) if at or below the no-tax-due threshold. Due: May 15 each year (next business day if May 15 falls on a weekend or holiday). (Source: Franchise, comptroller.texas.gov.)
| After formation | Texas |
|---|---|
| Recurring report | Public Information Report with the franchise tax report, due May 15 each year |
| State tax or fee on LLCs | Franchise tax (none due at or below $2.65 million in revenue for 2026-2027) |
| Proof of good standing | Certificate of Fact - Status, $15 |
Missing the recurring filing is the most common way an LLC loses its good standing, and in time its existence. On our sister site, look up an LLC's status or see how to get a Texas certificate of good standing.
What it costs to start an LLC in Texas
| State fee | Amount |
|---|---|
| Formation filing | $300 |
| First year, state fees | $300 |
| Each year after (franchise tax: none due at or below $2.65 million in revenue) | $0 |
Over five years, Texas's state fees come to $300. These are state fees only: a commercial registered agent, a publication notice and income taxes are extra. Compare every state's fees, with the options to reserve the name or file faster.
Sources
Name filings FAQs, sos.state.tx.us, checked 2026-10-07
Entitynames (PDF), direct.sos.state.tx.us, checked 2026-10-07
sos.state.tx.us, checked 2026-10-07
Options, sos.state.tx.us, checked 2026-10-07
Copies, sos.state.tx.us, checked 2026-10-07
Modernization, sos.state.tx.us, checked 2026-10-07
Tex. Bus. Orgs. Code chapter 4, tcss.legis.texas.gov, checked 2026-10-07
Tex. Bus. Orgs. Code chapter 5, tcss.legis.texas.gov, checked 2026-10-07
tcss.legis.texas.gov, checked 2026-10-07
tcss.legis.texas.gov, checked 2026-10-07
Franchise, comptroller.texas.gov, checked 2026-10-07
Search, comptroller.texas.gov, checked 2026-10-07
sos.state.tx.us, checked 2026-10-08
Apply for an EIN online, irs.gov
How to start an LLC in Texas
- Choose a name Texas will accept and check it against the Texas Secretary of State's records.
- Appoint a registered agent with a street address in Texas.
- File the Certificate of Formation with the Texas Secretary of State ($300).
- Write an operating agreement.
- Get a free EIN from the IRS.
- Keep up with the recurring filings and fees.
Common questions
How much does it cost to start an LLC in Texas?
$300 to file the Certificate of Formation. The state's fees come to $300 in the first year and nothing in later years (franchise tax: none due at or below $2.65 million in revenue); a registered agent service or a newspaper notice costs extra.
How long does it take to start an LLC in Texas?
The Texas Secretary of State doesn't post a standard time. Faster service: $50 for two to three business days, $500 next day, $750 same day (Texas Express).
Do I need an operating agreement in Texas?
Texas doesn't require one (Tex. Bus. Orgs. Code § 101.052), but it's the document that says who owns the LLC and how it's run; banks and partners often ask for it.
Can I start an LLC in Texas online?
Yes. The Texas Secretary of State takes the Certificate of Formation online, for $300.
When is the Texas LLC annual report due?
May 15 each year (next business day if May 15 falls on a weekend or holiday).
Does Texas require an annual report for LLCs?
Yes. Texas' recurring filing: Public Information Report with the franchise tax report, due May 15 each year.