Texas LLC Cost
Formation Filing Fee: $300 Standard, $50–$750 Expedited
Texas charges a $300 filing fee for your LLC's Certificate of Formation under standard processing. You can accelerate approval by paying an additional expedited fee: $50 for 2–3 business days, $500 for next-business-day processing, or $750 for same-day filing. Standard processing takes 5–7 business days online or up to 40 business days by mail.
Standard Filing Fee: $300
Your base Certificate of Formation filing fee is $300, regardless of LLC size or member count. This fee applies whether you file online or by mail. Texas does not charge separate fees for single-member versus multi-member LLCs, nor does it impose annual formation renewal costs—only the one-time $300 formation fee and subsequent annual franchise tax obligations (if applicable).
Expedited Processing Options and Costs
You have three expedited options beyond standard processing:
| Processing Speed | Additional Fee | Timeline |
|---|---|---|
| Standard | $0 | 5–7 business days (online); up to 40 business days (mail) |
| Expedited | $50 | 2–3 business days |
| Next-Day | $500 | Next business day |
| Same-Day | $750 | Same business day |
The $50 expedited option is the most cost-effective acceleration. If you need approval within 24 hours, the $500 next-day fee is standard. Same-day filing at $750 is available for time-sensitive launches but represents a significant premium over standard processing.
Total Formation Cost Comparison
Your total out-of-pocket formation cost depends on processing speed:
- Standard filing: $300
- Expedited (2–3 days): $350
- Next-day filing: $800
- Same-day filing: $1,050
These amounts cover only the Secretary of State filing fee. You may incur additional costs for registered agent services, legal review, or business licenses depending on your industry.
National Context
Texas's $300 standard fee is competitive. Most states charge $100–$500 for LLC formation. Texas's expedited options ($50–$750) are moderately priced compared to states like California ($70–$350 expedited) or New York ($25–$500 expedited). The same-day option at $750 is premium but available in only a handful of states.
Filing Method and Fee Application
Online filing qualifies for the 5–7 business day standard timeline and all expedited options. Mail filing takes longer (up to 40 business days) but still costs $300 base. Expedited fees apply only to online submissions. You cannot combine expedited fees—you select one processing tier per filing.
Statute and Authority
Texas Business Organizations Code § 3.005 and § 101.051 establish the $300 filing fee. The Secretary of State's fee schedule governs expedited processing rates. Confirm current fees with the Texas Secretary of State before filing, as fee schedules may be updated.
Name Reservation Cost: $0 (Included in Formation)
Texas does not charge a separate fee for LLC name reservation. You cannot reserve your LLC name in advance through the Texas Secretary of State. Instead, you protect your business name by filing your Certificate of Formation, which costs $300.00 and simultaneously registers and protects your LLC name statewide under Texas Business Organizations Code § 3.005.
Why Texas Doesn't Offer Advance Name Reservation
Texas's filing system differs from states offering optional name reservation services. Once you file your Certificate of Formation with the required LLC designator (such as "LLC," "L.L.C.," or "Limited Liability Company"), your name receives immediate legal protection. You cannot hold a name in reserve before formation—the name protection begins only upon filing.
Your Name Protection Timeline
Filing your Certificate of Formation provides instant name protection. The Secretary of State processes online filings in 5–7 business days or mail filings in up to 40 business days. Your LLC name is protected from the moment your formation documents are accepted, not from the moment you pay a reservation fee.
If you need faster protection, you can pay for expedited processing:
| Processing Speed | Cost | Timeline |
|---|---|---|
| Standard (online) | $300.00 | 5–7 business days |
| Standard (mail) | $300.00 | Up to 40 business days |
| Expedited | $300.00 + $50.00 | 2–3 business days |
| Next-day | $300.00 + $500.00 | Next business day |
| Same-day | $300.00 + $750.00 | Same business day |
What You Must Include to Protect Your Name
Your Certificate of Formation must include your LLC name with a proper designator. Under Tex. Bus. Org. Code § 101.051, acceptable designators are:
- "Limited Liability Company"
- "LLC"
- "L.L.C."
The Secretary of State will reject filings with incomplete or missing designators, delaying your name protection.
Comparing Texas to Other States
Unlike Texas, many states charge $10–$50 for optional 30–120 day name reservations. Texas eliminates this cost by bundling name protection into your $300 formation fee. You pay once and receive both formation and name protection simultaneously—no separate reservation step required.
Registered Agent Cost: $0–$300+ Annually
A Texas LLC registered agent costs $0 if you serve as your own agent, or $50–$300+ annually if you hire a professional service. Texas law requires every LLC to maintain a registered agent with a physical Texas address under Tex. Bus. Org. Code § 5.201. You can change your registered agent by filing a Statement of Change of Registered Agent/Office with the Secretary of State for a $15 filing fee.
Who Can Serve as Your Registered Agent
Under Tex. Bus. Org. Code § 5.201, your registered agent must be either an individual Texas resident or a domestic or foreign entity authorized to transact business in Texas. The Secretary of State cannot serve as your registered agent. You, as a member, can serve as your own registered agent at no cost—you simply need a physical street address in Texas (a P.O. box does not qualify).
Cost Breakdown: Self-Service vs. Professional
| Option | Annual Cost | Setup Fee | Notes |
|---|---|---|---|
| Self-service (you as agent) | $0 | $0 | Requires Texas physical address; included in formation |
| Professional registered agent service | $50–$300+ | $0–$100 | Third-party company maintains your registered office |
| Agent change (if switching) | $15 per change | — | File Statement of Change of Registered Agent/Office |
Self-Service Registration
Serving as your own registered agent costs nothing beyond your LLC formation fee ($300). You must provide a physical street address in Texas where legal documents can be delivered during business hours. This address becomes your registered office and is public record. You remain responsible for receiving and forwarding all official notices and legal papers to your LLC's management.
Professional Registered Agent Services
If you hire a third-party registered agent, expect to pay $50–$300+ annually, depending on the service provider and package level. These companies maintain a physical Texas office, receive legal documents on your behalf, and notify you of service. Some providers bundle registered agent services with other compliance tools (annual report filing, document storage) at higher price points.
Changing Your Registered Agent
If you need to change your registered agent or registered office address, file a Statement of Change of Registered Agent/Office with the Texas Secretary of State. The filing fee is $15 under Tex. Bus. Org. Code § 5.201. The change takes effect when the Secretary of State processes your filing. You must obtain written consent from your new agent before filing.
Registered Agent vs. Registered Office
Your registered agent and registered office are separate requirements. The registered office is the physical street address in Texas where your agent receives documents. The agent is the person or entity responsible for that office. You can change either one independently, though both must exist at all times for your LLC to remain in good standing.
Operating Agreement Cost: $0–$1,500+
An operating agreement is not required by Texas law to form an LLC, so you can create one at zero cost or pay a professional to draft it. Texas Business Organizations Code § 101.051 does not mandate a written operating agreement as a condition of formation. However, most business owners benefit from having one.
Why You Need an Operating Agreement (Even Though It's Optional)
Texas law allows you to operate without a written operating agreement, but doing so exposes you to default statutory rules that may not match your business intentions. An operating agreement lets you customize member voting rights, profit distribution, management structure, and dispute resolution procedures. Without one, Texas default rules apply automatically—which may not protect your personal liability or reflect your actual ownership arrangement.
Cost Breakdown for Operating Agreements
| Option | Cost | Best For |
|---|---|---|
| DIY using online templates | $0–$50 | Single-member LLCs with simple structures |
| Legal document service (LegalZoom, Rocket Lawyer) | $100–$400 | Multi-member LLCs needing basic customization |
| Texas business attorney | $500–$1,500+ | Complex ownership, investor protections, or series LLCs |
| Included with formation service package | $150–$300 | Bundled with Certificate of Formation filing |
When to Invest in Professional Drafting
If you have multiple members, outside investors, or plan to use a series LLC structure under Tex. Bus. Org. Code §§ 101.601–101.636, attorney-drafted agreements are worth the cost. An attorney can ensure your agreement complies with Texas law and protects charging order rights under Tex. Bus. Org. Code § 101.112. For single-member LLCs with no outside capital, a template may suffice.
What Your Operating Agreement Should Address
Your agreement should specify management structure (member-managed or manager-managed per Tex. Bus. Org. Code § 101.051 requirements), capital contributions, profit and loss allocation, member voting rights, buyout procedures, and dissolution terms. If you're using a series LLC, the agreement must clearly delineate which assets and liabilities belong to each series. Texas law allows broad flexibility in these provisions.