At a Glance

Most nonprofits do not need to register for charitable solicitation in Texas. Only three specific types of organizations must register: law enforcement organizations conducting telephone solicitation, public safety organizations, and veterans organizations.

Understanding Texas’s Unique Approach to Charitable Solicitation

Navigating Texas charitable solicitation laws can feel overwhelming when you’re focused on your mission. Without proper guidance, your nonprofit risks penalties, fines, and potential reputation damage. Fortunately, completing your charity registration doesn’t have to be complicated.

Texas takes a unique approach to charitable solicitation registration compared to most other states. Unlike the majority of states that require registration for fundraising activities, Texas has specific and limited requirements that only apply to certain types of organizations.

This comprehensive guide breaks down exactly what you need to know about registering in Texas. From determining if your organization must register to maintaining compliance after approval, we’ve simplified the entire process. Many nonprofits find that working with commercial registered agent services significantly reduces their administrative burden while ensuring they meet all legal requirements.

Types of Organizations That Must Register

Despite Texas’s generally relaxed approach to charitable solicitation, three specific types of organizations must register under state law:

• Law Enforcement Related Organizations Organizations that engage in telephone solicitation must register under the Law Enforcement Telephone Solicitation Act (LETSA) with the Texas Office of the Attorney General and pay a $50 fee. If these organizations retain a commercial telephone solicitor, that solicitor must file a $50,000 surety bond with the Texas Secretary of State.
• Public Safety Organizations These organizations and their solicitors must register under the Public Safety Solicitation Act (PSSA) with the Texas Secretary of State. Both the organizations and their independent promoters must register, pay a fee, and post a bond. Typical filing fees are $250 for organizations and $500 for solicitors.
• Veterans Organizations These organizations and their solicitors must file registration statements under the Veterans Solicitation Act (VSA) with the Texas Secretary of State and pay the required fee. If these organizations use solicitors, they must also post a surety bond, generally $5,000–$25,000 depending on the scope of solicitations.

Registration with the Attorney General or the Secretary of State does not imply approval or endorsement by the State of Texas.

For organizations needing help navigating these specialized registration requirements, experienced commercial registered agent services can provide expert guidance and ensure filings are prepared correctly the first time.

When Registration Is Not Required in Texas

For the vast majority of nonprofit organizations, good news awaits. You likely don’t need to register for charitable solicitation in Texas. Most charities and nonprofit organizations soliciting donations from Texas donors are exempt from statewide charitable solicitation registration.

• An unincorporated nonprofit association may file a statement appointing an agent authorized to receive service of process, though this is optional
• A nonprofit corporation that actively solicits funds in Texas may be “transacting business” and should file an Application for Registration if required by its activities

How Texas Differs from Other States

Texas stands apart from the majority of states regarding charitable solicitation laws. Organizations operating nationwide may need to register in multiple jurisdictions even if they’re exempt in Texas. For nonprofits soliciting donations across state lines, understanding each state’s unique requirements becomes essential.

If your organization receives contributions from outside of Texas in response to solicitation efforts, you may need to register in those states. This complexity is why many organizations turn to comprehensive charitable registration services with nationwide coverage to ensure compliance in all jurisdictions where they operate.

Gathering Required Documents

Successful charitable solicitation registration begins with proper documentation. Before starting your Texas registration process, gathering specific documents saves time and reduces the risk of application delays or rejections.

Certificate of Formation and IRS Determination Letter

The foundation of your nonprofit’s legal structure is the Certificate of Formation (Form 202), which is filed with the Texas Secretary of State. This document officially creates your nonprofit corporation. If you intend to seek federal tax-exempt status, your formation documents often include provisions tailored to §501(c)(3) purposes, such as purpose and dissolution clauses.

Once your Certificate of Formation is approved, you’ll typically need an IRS Determination Letter confirming your tax-exempt status when you register in other jurisdictions or apply for certain exemptions.

Bylaws and Conflict of Interest Policy

Nonprofit corporations generally adopt bylaws at or after their organizational meeting. Although not filed with the state, bylaws serve as your organization’s internal operating manual. They establish governance procedures, meeting requirements, and operational guidelines that help ensure smooth organizational functioning.

A conflict of interest policy is strongly encouraged by the IRS for 501(c)(3) organizations. This policy helps ensure decisions are made in the organization’s best interest and provides transparency in situations where board members or staff may have competing interests.

EIN and Financial Planning

Obtain an Employer Identification Number (EIN) from the IRS before undertaking financial activities such as opening bank accounts, hiring employees, filing for tax-exempt status, or engaging in fundraising. The EIN serves as your organization’s federal tax identification number and is required for most business activities.

Many organizations find document preparation overwhelming. Utilizing nonprofit compliance tools with secure client portals can streamline document gathering and help maintain ongoing compliance through transparent, organized systems.

Completing Registration Forms

Unlike most states, Texas requires charitable solicitation registration only for specific types of organizations through three distinct acts. Properly completing these forms ensures your nonprofit remains compliant with state regulations.

LETSA: Law Enforcement Telephone Solicitation Act

Law enforcement related organizations conducting telephone solicitation must register under LETSA with the Texas Office of the Attorney General. The registration process includes:

• Filing a registration statement with a $50 fee
• Providing organizational information, including officers and directors
• Submitting organizational financial information, such as IRS Form 990 data
• Disclosing any commercial telephone solicitors used (commercial telephone solicitors must file a $50,000 surety bond with the Secretary of State)

The registration must be renewed annually, and organizations must maintain accurate records of their solicitation activities. Failure to register when required can result in penalties and legal action by the Attorney General’s office.

PSSA: Public Safety Solicitation Act

The Public Safety Solicitation Act applies to organizations soliciting donations for public safety causes. To register properly:

• Submit a registration statement to the Texas Secretary of State
• Pay the required filing fee (commonly $250 for organizations; $500 for solicitors)
• Provide organizational details and solicitation information
• Post the required bond

Registration under PSSA doesn’t imply endorsement by Texas authorities. The charitable registration process for public safety organizations requires careful attention to detail to avoid compliance issues, which is why many organizations benefit from working directly with nonprofit compliance specialists.

VSA: Veterans Solicitation Act

Veterans organizations soliciting donations in Texas must register under the VSA. Registration requirements include:

• Filing the appropriate forms with the Texas Secretary of State
• Paying the registration fee (commonly $150)
• Posting a surety bond (generally $5,000–$25,000 depending on where solicitations occur)
• Filing the Veterans Organization Annual Report (Form 3503) by January 15 if the organization received more than $500 during the prior calendar year

The surety bond protects donors and ensures organizations fulfill their charitable purposes. Bond amounts vary based on the geographic scope and scale of solicitation activities.

Filing Locations and Fees

Filing locations vary based on the applicable act:

• LETSA: Office of the Attorney General, Charitable Trusts Section
• PSSA and VSA: Texas Secretary of State, Registrations Unit

Budgeting for these expenses in advance helps avoid delays in your charitable solicitation registration. Organizations should also factor in potential bond costs and annual renewal fees when planning their compliance budget.

For organizations needing additional support, commercial registered agent services can provide assistance to navigate complex registration requirements.

Submitting and Tracking Your Application

Once you’ve completed your required forms, submitting them through the correct channel ensures your charitable solicitation registration proceeds without delays. The filing process varies based on which registration requirement applies to your organization.

Filing with the Correct State Agency

Depending on which act governs your organization, you’ll submit your application to different state agencies:

• LETSA registrations must be filed with the Texas Office of the Attorney General, Financial Litigation and Charitable Trusts Division
• PSSA and VSA registrations go to the Texas Secretary of State, Registrations Unit

The Texas Attorney General maintains a searchable registry of organizations registered under LETSA, making it easy to verify your status after submission. This public database allows donors and the public to confirm an organization’s registration status.

Maintaining Proper Documentation

Maintaining copies of all submission documents is essential for your records. We recommend keeping both physical and electronic copies of:

• Completed registration forms
• Payment confirmations
• Correspondence with state agencies
• Bond documentation (where applicable)
• Renewal notices and confirmations

Many nonprofits utilize professional charitable registration services with secure client portals to ensure applications are submitted to the correct agency with all required attachments and provide transparent tracking throughout the process.

Maintaining Compliance After Registration

Maintaining compliance after obtaining your charitable solicitation registration is just as crucial as the initial registration process itself. Proper management of ongoing requirements protects your nonprofit’s legal status and fundraising abilities.

Annual Renewal and Reporting Requirements

Registered organizations must diligently track specific filing deadlines:

• Public Safety Organizations must renew annually by their registration anniversary date
• Veterans Organizations that receive more than $500 in a calendar year must file the Veterans Organization Annual Report (Form 3503) by January 15
• Law Enforcement Organizations must renew their LETSA registration annually

Texas nonprofit corporations that fail to file a requested periodic report within 30 days forfeit their right to transact business in the state. This forfeiture doesn’t invalidate existing contracts but prevents the organization from maintaining legal actions in Texas courts except for defense purposes.

IRS Form 990 and State-Level Filings

Most tax-exempt organizations are required to file an annual IRS Form 990-series return. Organizations that fail to file an annual return for three consecutive years automatically lose their federal tax-exempt status.

Texas generally does not require nonprofits to submit IRS Form 990 to state authorities. However, private foundations must send copies of Form 990-PF to the Office of the Attorney General as described by the OAG.

When to Update Your Registration

Beyond regular filings, your charitable solicitation registration information should be updated when significant changes occur to your organization. Update your registration when:

• Leadership changes affect officer or director information
• Your organization’s address or contact details change
• Your nonprofit’s mission or purpose undergoes substantial modification
• Your solicitation methods or geographic scope changes significantly

Professional Compliance Management

Managing multiple compliance requirements across different agencies becomes overwhelming for many nonprofits. Labyrinth, Inc. offers specialized tools that:

• Track filing deadlines automatically with dedicated renewal management
• Generate renewal reminders and proactive communication
• Streamline document preparation with one-on-one specialist guidance
• Manage multi-state compliance requirements through comprehensive nationwide coverage

With modern compliance management through SOC 2 Type II compliant client portals and real-time tracking, organizations can focus on their mission while maintaining proper compliance status across all jurisdictions.

Frequently Asked Questions

Conclusion

Navigating charitable solicitation requirements in Texas differs significantly from most other states. Unlike the majority of states that broadly mandate registration, Texas only requires specific types of organizations to register under LETSA, PSSA, or VSA. This unique approach makes Texas generally more nonprofit-friendly, though you must still determine whether your organization falls under these specialized categories.

Although Texas has relatively limited registration requirements, your nonprofit might need to register in other states if you solicit donations across state lines. Charitable registration services can help you identify which states require registration based on your fundraising activities, ensuring you maintain compliance everywhere you operate.

After completing your registration, remember that compliance is an ongoing responsibility. Track renewal deadlines, submit required reports, and update your information when significant organizational changes occur. Failing to maintain proper compliance could result in penalties or limitations on your fundraising activities.

Ultimately, understanding Texas charitable solicitation laws allows you to focus on your mission rather than paperwork. Whether you handle registration internally or work with specialized nonprofit services that provide personalized guidance and reliable execution, staying informed about your obligations helps protect your organization’s reputation and legal standing while freeing your team to concentrate on what matters most.