Registered Agent in Texas: requirements, cost & best options
Texas has no state income tax and no normal annual report — but a strict registered-agent consent rule and a Public Information Report that's due even at $0 tax. Here's what that means for your LLC.
By Abdullah Riahi, Founder & Editor · Published June 7, 2026 · Updated October 4, 2026
The exact Texas rules, real costs, and the right registered-agent option for your LLC — checked against the official Texas source.
The Short Answer
- Texas requires every LLC to maintain a registered agent with a physical Texas street address — a PO box does not qualify.
- Texas is stricter than most: your agent must formally consent to the role (Form 401-A). A commercial agent does this automatically.
- You can be your own agent if you live in Texas and have a Texas street address, plus your written consent.
- There's no Secretary of State annual report, but you must still file an annual Public Information Report (PIR) with the Comptroller by May 15 — even if you owe $0 tax. (Since 2024, LLCs under the ~$2.47M threshold file only the PIR, not a separate franchise tax report.)
- No state income tax. For privacy and to handle consent and mail forwarding cleanly, a service like Northwest is the easy choice.
Affiliate disclosure: some links on this page are affiliate links. If you sign up through them we may earn a commission at no extra cost to you — it never changes what we recommend or what you pay. See how we make money.
boltQuick decision for Texas
- chevron_rightUse a professional registered agent if you work from home, travel, keep irregular hours, or run the LLC from outside Texas — it keeps your street address off the public record and guarantees someone is there to accept a lawsuit.
- chevron_rightBe your own agent if you live in Texas, have a staffed Texas street address during business hours and don't mind that address appearing on the public Secretary of State record.
- chevron_rightNorthwest fits if privacy and never missing the § 5.2011 consent step or the Comptroller's May 15 deadline matter more to you than saving ~$125 a year.
Texas Registered Agent & LLC Facts
| Requirement / Metric | Texas Specifics |
|---|---|
| Registered agent required? | Yes — every Texas LLC & corporation |
| Governing statute | Tex. Bus. Orgs. Code § 5.201 (designation) & § 5.2011 (consent) |
| Physical Texas address required? | Yes — a physical Texas street address |
| PO box allowed? | No — and the rule is stricter than a PO box ban: the registered office may not be solely a mailbox service or telephone answering service, and process must be personally servable there during business hours |
| Can you be your own agent? | Yes, if you're a Texas resident with a Texas street address — and you must consent to the role in writing (Form 401-A). The LLC itself can't be its own agent (Tex. Bus. Orgs. Code § 5.201) |
| LLC filing fee | $300 (confirm current) |
| Annual report | No Secretary of State annual report — but a Public Information Report (PIR) is due to the Comptroller by May 15. Since 2024, LLCs under the ~$2.47M no-tax-due threshold file only the PIR (the separate No Tax Due Report was discontinued) |
| Franchise / annual tax | Franchise (margin) tax applies only above the no-tax-due threshold (~$2.47M, 2024–2025; indexed periodically). Most small LLCs owe $0 and — since 2024 — no longer file a No Tax Due Report, but they still file the PIR. No state income tax. |
| Publication requirement | None |
| Change registered agent fee | $15 (Form 401, filed with the Secretary of State) |
| Official source | Texas Division / Secretary of State |
Fees and rules change — always confirm the current figures on the official Texas source linked above before filing.
Statutory agent, resident agent, registered agent — which does Texas use?
Texas says registered agent (Tex. Bus. Orgs. Code § 5.201). That is the term to use on the filing.
If you have been searching “statutory agent” or “resident agent” for Texas, those are other states' words for the same job: statutory agent is what Arizona says; resident agent is what Kansas, Maryland, Massachusetts and Michigan say; agent for service of process is what California, New Jersey, Ohio and South Carolina say. Pennsylvania names no agent at all — it requires a registered office or a Commercial Registered Office Provider. All of them describe the same thing: a real Texas street address where legal papers can be handed to somebody during business hours.
What Texas requires from a registered agent
Like every state, Texas requires every LLC to keep a registered agent at a physical Texas street address (a PO box won't do), staffed during business hours to receive lawsuits and official state mail.
“Each filing entity and each foreign filing entity shall designate and continuously maintain in this state: (1) a registered agent; and (2) a registered office.”
Can you be your own registered agent in Texas?
Yes, if you're a Texas resident with a Texas street address — and you must consent to the role in writing (Form 401-A). The LLC itself can't be its own agent (Tex. Bus. Orgs. Code § 5.201). The catch most pages skip: that address goes on Texas's public record (scraped by data brokers if it's your home), and you must be available during business hours or risk missing a lawsuit — so home-based and remote owners usually use a service. Here's the full DIY trade-off.
thumb_upBeing your own agent — pros
- addNo annual registered-agent fee — you keep the ~$100–$125/year a service would charge
- addYou receive every state notice and legal document directly, with no middle layer
- addPerfectly workable if you already staff a Texas street address during business hours
infoCons & risks
- removeYour Texas street address becomes part of the public Secretary of State record — and home addresses get scraped by data brokers
- removeYou must be physically present during business hours; a process server who finds you out can still complete service, and a missed suit can become a default judgment
- removeYou handle the § 5.2011 consent yourself and must file Form 401 ($15) every time your address changes
Using your home as your own agent address puts it on a public, searchable state record and invites service of process at your door — sometimes in front of family or customers. For home-based Texas founders, that exposure is the main reason to use a service.
Registered agent cost in Texas
Forming an LLC in Texas costs $300 up front, and a registered agent runs from about $35 a year with a single-state specialist to $249 with the national brands — Northwest includes the first year free, then $125. Full breakdown, including the DIY $0 route, in cheapest registered agent, and what a registered agent actually costs if you want the pricing mechanics rather than the shortlist. To see Texas's filing and annual fees beside all 50 states, use our LLC cost calculator.
Privacy & the public record in Texas
The registered-agent address you give Texas goes onto the public Secretary of State record and is searchable by anyone — data brokers, marketers, and process servers included. List your home and that becomes the address tied publicly to your business. Texas also bars a registered office that is only a mailbox or answering service (Tex. Bus. Orgs. Code § 5.201), so a UPS box won't substitute. The clean fix is a commercial agent: their Texas street address appears on the record instead of yours, while your legal mail still reaches you.
Out-of-state & non-resident founders: Out-of-state and international founders can own a Texas LLC, but Texas still requires a registered agent with a physical Texas street address available during business hours — which you usually can't provide yourself from another state or country. A commercial agent is effectively required there, and it also handles the § 5.2011 consent and forwards the Comptroller notices you'd otherwise miss from afar.
Comparing options? See our Northwest review, Northwest vs LegalZoom, or the budget pick in Northwest vs Bizee.
Best Registered Agent Services in Texas
We weigh providers on real first-year and renewal cost, privacy, upsell pressure, and support — the same way for every state. Here are the three we point Texas founders to.
Northwest
First year free when you form, then a flat ~$125/year. Strong privacy and no upsell funnel.
- doneRegistered agent free for year one
- donePrivacy by Default® — their address, not yours
- doneUS-based support, no upsells
Bizee
Lowest day-one cost — $0 service fee, first RA year free. But it renews above Northwest, so the saving is year one only.
- done$0 formation service fee
- done1st year registered agent free
- doneLifetime compliance alerts
ZenBusiness
$99 intro first year
All-in-one platform with a compliance guarantee. We don't earn a commission from ZenBusiness — here's our honest comparison.
- doneWorry-Free compliance guarantee
- doneAll-in-one formation suite
- doneHigher renewal than our top picks
Pricing reflects each provider's advertised rates as of September 2026 and can change — confirm the current price on the provider's own site before you buy.
Compare your options in Texas
Every realistic way to meet the Texas registered-agent requirement — including doing it yourself.
| Option | Best for | Pros | Cons |
|---|---|---|---|
| Be your own agent | Founders with a staffed Texas street address who want $0 cost |
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| Northwest Registered Agent | Privacy-focused, home-based, or out-of-state Texas owners |
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| Bizee or another formation service | Owners who want the lowest upfront formation cost |
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| Texas attorney or CPA as agent | Complex entities already paying a Texas professional |
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Texas's consent rule and the Public Information Report
Texas looks low-maintenance — no state income tax and no traditional Secretary-of-State annual report. But two Texas-specific things trip people up. First, your registered agent must formally consent to serving (Form 401-A); you can't just list someone, and a commercial agent gives that consent automatically. Second, instead of a SOS annual report, every Texas LLC files an annual Public Information Report (PIR) with the Comptroller — and it's required even if your revenue is below the no-tax-due threshold (about $2.47M), which most small businesses are. Since 2024, those sub-threshold LLCs no longer file a separate No Tax Due Report, but the PIR is still mandatory. Miss the PIR and you can lose good standing. Changing your agent later is a separate $15 Form 401 filing.
Texas is genuinely a good fit for:
- doneBusinesses physically operating in Texas
- doneOwners who value having no state income tax
- doneCompanies serving the large Texas market
How a Texas LLC's paperwork splits across two agencies
The single thing that trips up Texas founders: formation and your registered agent live with the Secretary of State, but the annual report you can't skip lives with the Comptroller — a different agency, a different login, a hard May 15 deadline.
Texas-specific things to know
The thing that trips up new Texas owners is that the state splits its paperwork across two different agencies. You form your LLC and change your registered agent with the Secretary of State (online via SOSDirect). But your annual Public Information Report (PIR) — plus a franchise tax report only if you're over the threshold — goes to a completely separate agency, the Texas Comptroller, through WebFile, with its own login and a May 15 deadline. Many people set up the LLC, then forget the Comptroller side exists until a delinquency notice arrives.
Two more Texas-specific catches. First, your registered agent must formally consent to the role — Texas provides Form 401-A (Acceptance of Appointment); you cannot simply list someone, and a commercial agent like Northwest handles this automatically. Second, most small LLCs owe $0 in franchise tax because they fall under the Comptroller's 'no tax due' revenue threshold — but they still must file the PIR every year (since 2024, the separate No Tax Due Report is no longer required below the ~$2.47M threshold). Owing nothing is not the same as filing nothing, and missing the PIR can lead the state to forfeit your LLC's right to do business until you reinstate. Texas Tax Code § 171.255 makes the directors and officers of a forfeited corporation personally liable for debts incurred after the report was due, and reinstating doesn't erase that liability; ask a Texas attorney how it applies to an LLC's managers.
Changing your agent later is a separate Form 401 filing ($15) with the Secretary of State — it cannot be done on the PIR. Texas has no state income tax and no traditional SOS annual report, which makes the Comptroller filings the obligation that actually matters.
You cannot simply name an agent in Texas. Under Tex. Bus. Orgs. Code 5.2011 the person or company you designate must consent in writing, on Form 401-A. This is the rule most often skipped, because in most states listing someone is enough. Naming a friend, a relative or an accountant without their signed consent leaves the designation defective, and the defect surfaces at the worst moment, when something is served and the record is challenged.
Two agencies, and that is the real Texas confusion. The Secretary of State handles formation and the registered agent record. The Comptroller handles the franchise tax and the Public Information Report. There is no Secretary of State annual report in Texas, which is why people conclude there is nothing to file annually. There is: the PIR is due to the Comptroller by 15 May, every year, whether or not you owe any tax.
What changed in 2024, and what did not. Texas discontinued the separate No Tax Due Report. LLCs below the no-tax-due threshold, around $2.47M in annualised revenue, now file only the PIR. What did not change is that the PIR is still required. Guidance written before 2024 describes a two-form process that no longer exists, and some of it concludes that a small LLC files nothing at all. That reading costs you the filing.
The $300 question. Texas charges $300 to form, among the highest in the country, and then asks for no state income tax and no annual state fee. Over five years a Texas LLC under the threshold pays $300 in total state fees, which is less than Georgia at $340 and a third of North Carolina at $940. Texas front-loads what other states spread out. If you are comparing states on the formation fee alone, Texas looks expensive and is not.
Who may serve, and the address rule. You may be your own registered agent if you're a Texas resident with a Texas street address, provided you file the consent — Tex. Bus. Orgs. Code § 5.201 limits individual agents to Texas residents. A PO box does not satisfy the requirement. The address goes onto the public Secretary of State record, so listing your home publishes where you live against your company name. For an owner outside Texas the constraint is practical rather than statutory: the agent must be physically available at a Texas address during business hours, which you cannot do from another state.
The honest case against forming here. No state income tax is a genuine advantage for a Texas business and does nothing for a business operating elsewhere. Form a Texas LLC while working in California and California still expects its own registration and its own fees. Texas is a strong home state and a poor flag of convenience.
Looking up an existing registered agent in Texas
Every Texas company's registered agent is public record — you can find any LLC's or corporation's agent, with the registered office address, free through SOSPortal. Search by company name and the record shows the current agent on file.
Texas runs business filings through SOSPortal, which is also where you file a change of registered agent. Worth checking your record after a change: a Form 401 takes effect when the Secretary of State files it, and the statement has the effect of amending your certificate of formation rather than just updating a contact field.
"Registered agent near me" in Texas — explained
Searched "registered agent near me"? In Texas it's not about being near you — your agent just needs a physical Texas street address, staffed during business hours, on file with the Texas filing office. That's why a national service like Northwest works no matter where in Texas — or which state — you personally live.
How to change your registered agent in Texas
The filing itself is simple: Form 401, Statement of Change of Registered Office/Agent, $15, to the Secretary of State. What trips people up is the consent — Texas requires your agent to have agreed in writing, and almost everyone assumes that means filing a consent form. It does not. Form 401 simply has you affirm, under penalty of perjury, that the consent exists.
| Form | Form 401, Statement of Change of Registered Office/Agent. If your agent is changing their own name or address, they file Form 408 instead. |
| Fee | $15. Filed through SOSPortal, card payments add a convenience fee of $0.25 plus 2.25% of the total. |
| Where it goes | The Texas Secretary of State. Not the Comptroller — and a change of agent cannot be made on your Public Information Report. |
| Statute | Tex. Bus. Orgs. Code § 5.202 for the procedure; § 5.201 for the requirements. |
| Who can serve | An individual resident of Texas, or an organization registered or authorized to do business in Texas. Your own entity cannot act as its own registered agent — the Secretary of State says so in terms. |
| What the address has to be | A street address where process can be personally served on your agent during normal business hours. It may not be solely the address of a mailbox service or a telephone answering service, which rules out more virtual-office arrangements than a plain “no PO box” rule would. |
| When it takes effect | On filing, or you may delay it to a date up to 90 days after signing, or tie it to a future event — in which case you must file a follow-up statement about the event within 90 days. No notarization needed. |
| What it does to your record | The statement has the effect of amending your certificate of formation, though the formal amendment procedures do not apply. It should be approved by your governing persons. |
The “Texas registered agent consent form” — and why you probably do not file it
Thousands of people a year look for a Texas registered agent consent form. The form exists — Form 401-A, Acceptance of Appointment and Consent to Serve as Registered Agent — and the honest answer is that you almost certainly do not need to send it anywhere.
House Bill 1787 made consent compulsory from 1 January 2010: under § 5.201(b), anyone named as a registered agent must have consented in written or electronic form. But the Secretary of State's own instructions are unambiguous about what happens to that consent: “The signed consent of the registered agent should be sent to and retained by the represented entity.” It is not required to be submitted as part of a filing. Form 401 instead carries a line in which you affirm that the person has consented — and § 5.2011 makes that designation itself an affirmation by the official who signs it.
So the consent is a document you obtain and keep, not a document you file. Nor does it have to be on the state's form: the instructions say a consent need not use the promulgated wording, so long as it contains five things —
- the name of the represented entity;
- an express statement that the person consents to serve as its registered agent;
- the name of the person designated;
- the agent's signature;
- the date it was signed.
You may file it if you want it on the public record. Submitted separately it gets indexed in your entity's filing history, and it costs $15 — $5 for a nonprofit corporation or co-operative association. That is a choice, not a requirement.
Filing it online
- Sign in to SOSPortal, the Secretary of State's business filing system.
- Start Form 401 against your entity. Giving your SOS file number is recommended rather than required, but it speeds up processing.
- Name the new agent as either an organization or an individual Texas resident — one or the other, not both.
- Give the registered office address if it is changing. It has to be the agent's own business address.
- Pay the $15 by ACH or card. Card adds $0.25 plus 2.25%. Evidence of filing comes back by email.
Filing it by mail or in person
By mail, send Form 401 with a check or money order to P.O. Box 13697, Austin, TX 78711-3697. In person, the Secretary of State's filing counter is now at 400 W. 15th St., Austin. Three things will get a filing rejected that have nothing to do with the substance: sending the instruction pages along with the form, sending duplicate copies, and including personal identifying information.
What catches people out
- You are looking for a consent form you do not have to file. Texas requires your agent's written or electronic consent, but the Secretary of State says it “should be sent to and retained by the represented entity” and is not required to be submitted with any filing. Get it, keep it, do not post it.
- Signing Form 401 is a sworn statement that consent exists. The form has you affirm that the person named has consented, subject to the penalties for a materially false instrument. Under §§ 4.007 and 4.008 that is a Class A misdemeanor, or a state jail felony where the intent is to harm or defraud. This is not a box-ticking exercise.
- Naming someone without asking can terminate your agent and your entity. The real consequence is not a rejected filing — the state never sees your consent. Under § 5.206 a person named without consenting need not do the job and may file a rejection of appointment, which on filing terminates your registered agent and registered office. An entity that fails to maintain them can be involuntarily terminated.
- Selling a majority stake? You have to re-check the consent. Before a sale, acquisition or transfer of a majority interest in the entity, the governing authority must verify whether the existing agent has consented to continue serving. It is an easy thing to miss in a deal checklist.
- A mailbox or answering service will not do, even with a street address. The registered office has to be somewhere your agent can be personally served during normal business hours, and it may not be solely the address of a mailbox or telephone answering service. Plenty of cheap “street address” offers fail that test.
- If your agent quits, the clock runs 31 days. An agent resigns by notifying you and the Secretary of State, with the state's notice due before the 11th day after they notify you. The appointment terminates on the 31st day after the Secretary of State receives it — § 5.204(d). That is your window to file a Form 401 naming someone else.
Forms, fees and procedure verified 4 October 2026 against the Secretary of State's instructions for Form 401 and for Form 401-A, both revised 09/2026, Form 401 itself, and Tex. Bus. Orgs. Code chapter 5. Fees change — confirm with the Secretary of State before you file. Full cross-state sequence in how to change your registered agent.
How to start an LLC in Texas
In short: choose your name, appoint a registered agent (the step above), file your formation document with Texas ($300), and get a free EIN from the IRS. Then keep it compliant: No Secretary of State annual report — but a Public Information Report (PIR) is due to the Comptroller by May 15. Since 2024, LLCs under the ~$2.47M no-tax-due threshold file only the PIR (the separate No Tax Due Report was discontinued). Franchise (margin) tax applies only above the no-tax-due threshold (~$2.47M, 2024–2025; indexed periodically). Most small LLCs owe $0 and — since 2024 — no longer file a No Tax Due Report, but they still file the PIR. No state income tax.. For the full walkthrough see our cheapest way to start an LLC guide.
Which path is right for you in Texas?
verifiedUse Northwest if
- doneYou work from home or want to keep your address off the public record
- doneYou're forming or operating the LLC from outside Texas
- doneYou'd rather not track the § 5.2011 consent step or the Comptroller's May 15 deadline yourself
personBe your own agent if
- checkYou have a Texas street address that's staffed during business hours
- checkYou're comfortable with that address appearing on the public Secretary of State record
- checkYou're confident you'll file the annual Public Information Report (PIR) on time
compare_arrowsConsider other options if
- checkYour only priority is the lowest upfront formation cost (a budget service like Bizee)
- checkYou already pay a Texas attorney or CPA who can serve as your agent
- checkYou want to compare on price first — see our Northwest vs Bizee and Northwest vs ZenBusiness guides
Texas Registered Agent FAQ
What is the Texas Public Information Report (PIR)?expand_more
Does my Texas registered agent have to consent to the role?expand_more
Which Texas agency do I file with — the Secretary of State or the Comptroller?expand_more
How do I change my registered agent in Texas?expand_more
Does a Texas LLC have to file an annual report?expand_more
Does my Texas LLC owe franchise tax?expand_more
What happens if I miss the Texas franchise tax or PIR deadline?expand_more
Does Texas have a state income tax?expand_more
What are the requirements for a registered agent in Texas?expand_more
How much does a registered agent cost in Texas — and is there a renewal fee?expand_more
What is Texas Form 401-A?expand_more
Texas has no annual report, so do I file nothing each year?expand_more
What happened to the Texas No Tax Due Report?expand_more
What does a Texas LLC cost over five years?expand_more
Can my Texas registered agent address be a PO box?expand_more
Do I have to file a registered agent consent form in Texas?expand_more
What happens if I name someone as my Texas registered agent without asking them?expand_more
How does a Texas registered agent resign?expand_more
Official Texas sources
Comparing states?
Founders weighing Texas usually shortlist these too — or see every state's fees side by side.
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This page is for general informational purposes and is not legal, tax, or financial advice. Texas fees and rules can change — confirm current details with the official Texas source before filing.