In Texas, state law requires individuals registering a business under an assumed name to disclose their residence address. But in practice, whether that requirement is enforced depends on the county.

In Bexar County, The Hawk’s Eye has confirmed the Clerk’s Office accepts assumed name certificates listing only a P.O. Box, despite Section 71.052 of the Texas Business and Commerce Code, which requires that the certificate contain the registrant’s full name and residence address. A review of records shows thousands of forms accepted by the Bexar County Clerk with only a P.O. Box from January 1, 2019 to present.

In response to our inquiry, Bexar County Clerk Lucy Adame-Clark, who has served since 2019, cited Section 71.002(1) of the Code and stated the following:

Thank you for reaching out, you may schedule a meeting with my office for an in person meeting or zoom to further discuss this matter.  Thank you for being a concern citizen, statue is very clear.  

That section defines “address” as: (A) a post office address; and (B) a street address, if the street address is not the same as the post office address.

Despite the conjunction “and,” Adame-Clark confirmed that her office accepts filings even if they include only a P.O. Box. She offered to speak further, but her written statement made the office’s position clear – regardless if the form requires a physical address or PO Box.

Guadalupe County: No P.O. Boxes for Business Addresses

The Guadalupe County Clerk’s Office offered a different stance, stating directly that it follows Business and Commerce Code Chapter 71.001:

“The Guadalupe County Clerk’s office follows Business and Commerce Code 71.001”

Their form explicitly requires both a physical business address and a residence address, and states that a P.O. Box is not acceptable as a business address.

While the county declined to interpret the legal definition of “residence address,” its form imposes a clear requirement that exceeds what Bexar County currently enforces.

Comal County Requires Residence Address — But Still Files Incomplete Forms

Comal County also includes fields for both physical and residence addresses on its assumed name form. But like many others, the county does not enforce those requirements beyond collecting the form.

In a written statement, the Comal County Clerk’s Office stated:

“We follow statute (Business and Commerce Code Title 5, Section 71.001-71.203), which is why our application requires a resident address. We are not in a position to define a ‘resident address’ as we are not attorneys, so we do not police the form. Address is defined in section 71.002 for anyone inquiring. If an assumed name is submitted without a resident address we will still file it. We are just the library and do not practice law.”

This means that while Comal’s form reflects the statute, compliance is not verified and incomplete filings are still accepted.

Atascosa County Clerk Unsure, Believes P.O. Boxes Are Accepted

In Atascosa County, Clerk Teresa Carrasco said she had not personally handled assumed name filings in years and could not confirm the current policy. However, she stated she believes the county would accept filings that list only a P.O. Box.

Atascosa’s forms ask for both a physical and residence address, but as with other counties, enforcement appears minimal or nonexistent.

Legal Questions Raised — Texas Rangers Contacted for Clarification on Criminal Violations

The practice of accepting assumed name certificates that omit the legally required residence address is not just a matter of bureaucratic inconsistency — it may violate multiple provisions of Texas law, potentially exposing both business owners and public officials to criminal liability.

The Hawk’s Eye has contacted the Texas Rangers to inquire whether these practices, observed in Bexar County and others, violate any of the following statutes:

Texas Business & Commerce Code § 71.202 – Criminal Penalty: General Violation

(a) A person commits an offense if the person: (1) conducts business or renders a professional service in this state under an assumed name; and (2) intentionally violates this chapter. (b) An offense under this section is a Class A misdemeanor.

Under this provision, it could be a criminal offense for a person to knowingly conduct business under an assumed name while intentionally violating Chapter 71, including by failing to include a required residence address under Section 71.052. This applies not just to the business owner or registrant, but could potentially extend to anyone who aids in the filing or knowingly accepts a noncompliant certificate.

Texas Penal Code § 39.02 – Abuse of Official Capacity

A public servant commits an offense if, with intent to obtain a benefit or harm another, they misuse government property, services, or government records.

If a clerk or staff member knowingly files an assumed name certificate that fails to meet the legal requirements, and does so outside the scope of lawful authority, that may be considered a misuse of an official record — especially if it enables a business to operate unlawfully or shields the registrant’s identity.

Texas Penal Code § 37.10 – Tampering with a Governmental Record

A person commits an offense if they knowingly make a false entry in, or present a record that is false or incomplete, and it is known to be false with intent to defraud or harm another.

This statute may apply to individuals who file assumed name certificates lacking a residence address, knowing that such omission violates the law — or to officials who accept and process such records despite being aware of the deficiency.

Statewide Inconsistency

The Hawk’s Eye has also contacted clerk’s offices in Dallas, Harris, and Hays counties to inquire about their practices. As of publication, those counties have not responded.

The lack of consistency among counties means that a business filing accepted in Bexar may be rejected in Comal, or vice versa, even though all are governed by the same state law.

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The content provided in this publication is for educational and informational purposes only. The Hawk’s Eye – Consulting & News strives to deliver accurate and impactful stories. However, readers are advised to seek professional legal counsel and guidance for their specific legal inquiries and concerns. The publication does not assume any responsibility for actions taken by individuals based on the information presented. 

Additionally, while every effort is made to ensure the reliability of the information, the publication does not warrant the completeness, accuracy, or timeliness of the content. Readers are encouraged to verify any legal information with official sources and to use their discretion when interpreting and applying the information provided.

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