Authority/Reference(s) State of Texas Procurement and Contract Management Guide; Business Organization Code
Revision Date September 7, 2018

Policy

DFPS must verify and document the legal name of an entity for all contractors doing business with DFPS. Governmental entities such as counties and universities are exempt from this check. The check must be conducted and documented prior to contract execution, but no earlier than 90 days before the effective date of the contract. 

DFPS may not contract with professional corporations and professional associations from other countries or states.

DFPS will only contract with a legal entity that clearly establishes its identity by filing with the Texas Secretary of State when required.

Entities that do not have to file with Texas Secretary of State:

  • State agencies
  • State universities
  • Local government – e.g. counties, cities, councils of government and housing authorities.

Businesses entities that may file with Texas Secretary of State (These businesses while not be required to file, may or may not be listed with the Secretary of State’s SOSDirect system.):

  • Individuals or sole proprietorship
  • General partnerships
  • Out of state entities that are similar to individuals or sole proprietorships

Businesses entities that must file with Texas Secretary of State (These businesses will be listed with the Secretary of State’s SOSDirect system.):

  • Limited partnerships
  • Business corporations
  • Non-profit corporations
  • Professional corporations
  • Limited liability companies
  • Professional associations

Out-of-State Entities
Out of state entities that are similar to limited partnerships, business corporations, limited liability companies, or nonprofit corporations, are required to obtain an application for registration from the Texas Secretary of State before transacting business in Texas. 

Assumed Names (DBA’s)
DFPS may only contract with an entity in its legal name.  However, an assumed name may be added as a DBA (Doing Business As) in the contract, following the legal name. If an entity is using an assumed name to conduct business in Texas, contract staff should check that the name has been filed appropriately.

Additional information can be found at the Texas Secretary of State.