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Texas Charitable Solicitation Registration Compliance Checklist

Published: Last updated: Reviewed: Sources: sos.state.tx.us sos.state.tx.us comptroller.texas.gov texasattorneygeneral.gov

TLDR

Texas does not have a general charitable solicitation registration requirement, which makes it one of the simpler states to fundraise in — but that simplicity hides three traps. Public safety, law enforcement, and veteran organizations DO have to register before soliciting. Every Texas nonprofit corporation must keep its Secretary of State and Comptroller filings current. And out-of-state charities still owe IRS, federal, and home-state obligations even when Texas asks for nothing. This checklist covers all three.

What Makes Texas Different

Most states require some form of charitable solicitation registration before a 501(c)(3) can ask Texas residents for money. Texas does not. There is no general registry, no annual financial filing with the Attorney General, no equivalent to California’s RRF-1.

That makes Texas one of the easiest states for charitable fundraising — and also one of the most commonly misunderstood. The absence of a general registration requirement does not mean the absence of compliance obligations. It means the obligations live in three other places: corporate filings with the Secretary of State, tax filings with the Comptroller, and special-category registrations for law enforcement, public safety, and veteran organizations.

This checklist covers all three buckets. If your organization fits the special-category triggers, jump to Step 3 first.

Step 1: Form and Maintain the Texas Nonprofit Corporation

  • File Certificate of Formation (Form 202) with the Texas Secretary of State. The filing fee is $25.
  • Include required IRS language in your Certificate of Formation: a 501(c)(3) purpose clause and a dissolution clause meeting Treasury Regulation 1.501(c)(3)-1(b)(4). Without this language, the IRS will reject your Form 1023 application.
  • Appoint a Texas registered agent. The agent must have a physical Texas address (not a P.O. box) and be available during business hours.
  • Adopt bylaws. Texas does not file bylaws with the state, but you must adopt them and produce them on request.
  • Hold the organizational meeting of the initial board of directors. Document with signed minutes.
  • Calendar Form 802 periodic reporting. Texas nonprofit corporations must file a Periodic Report when requested by the Secretary of State (typically every four years). Missing the report — even one cycle — leads to involuntary termination of the corporation.

Texas Charitable Solicitation Registration Compliance Checklist

A practical checklist for charitable solicitation compliance in Texas — the absence of a general charitable registration regime. Delivered by email.

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Frequently asked

Frequently Asked Questions

Does Texas require charitable solicitation registration?
Texas does not have a general charitable solicitation registration regime. Most 501(c)(3) charities can solicit in Texas without filing a charitable registration, but they must still maintain corporate filings with the Secretary of State and the Comptroller.
Which charities must register in Texas?
Three categories must register before soliciting: law enforcement organizations, public safety organizations and publications, and certain veteran organizations. Each is governed by a separate chapter of the Texas Occupations Code.
What is Form 202?
Form 202 is the Certificate of Formation for a Texas nonprofit corporation, filed with the Secretary of State. It is the founding document — separate from any charitable solicitation registration.
Do nonprofits owe Texas franchise tax?
Most 501(c)(3) organizations are exempt from Texas franchise tax after applying for exemption with the Comptroller's office (Form AP-204). Exemption is not automatic — you must apply.
Does an out-of-state charity that fundraises in Texas need to register?
For general charitable solicitation, no. For solicitation related to law enforcement, public safety, or veterans, yes — registration is required regardless of where the soliciting organization is based.
What is the periodic report?
Texas nonprofit corporations must file a Periodic Report (Form 802) with the Secretary of State once every four years upon request. Failing to file results in involuntary termination of the corporation.