Texas is the state where the search term and the filing do not match. There is no annual report filed with the Texas Secretary of State. What a Texas entity owes each year is filed with the Comptroller of Public Accounts: a franchise tax report, and with it a Public Information Report or an Ownership Information Report depending on entity type. Searching for a Secretary of State annual report form in Texas returns nothing because the form does not exist.
Two agencies, one obligation
The Texas Secretary of State holds the formation record: the certificate of formation, the registered agent, the entity's status as a filing entity. The Comptroller of Public Accounts holds the tax record and the yearly obligation. An entity in good standing with the Secretary of State can still be forfeited by the Comptroller for an unfiled franchise tax report, and the two registers show different things. Anyone doing diligence on a Texas company needs to look at both, because either one alone is an incomplete picture.
The franchise tax report and the information report
The yearly filing is the franchise tax report, due in May. Most entities file it alongside a Public Information Report, which lists the officers, directors and managers and is what makes the filing the functional equivalent of another state's annual report. Partnerships and trusts file an Ownership Information Report instead. Many entities owe no franchise tax at all because they fall under the no tax due threshold, but the report is still required: no tax due is not the same as no filing due.
Where forfeiture shows up
An entity that fails to file its franchise tax report loses its right to transact business in Texas, and the Comptroller's account status search is where that shows. The status reads as not in good standing or forfeited, separately from whatever the Secretary of State record says about the entity's existence. Reinstatement requires clearing the tax position first. This is the single most common surprise for people who checked only the formation record and assumed the entity was current.
Questions people ask about annual report texas
Does Texas have a Secretary of State annual report?
No. Texas has no annual report filed with the Secretary of State. The yearly obligation is the Comptroller's franchise tax report.
What is the Public Information Report?
A report filed with the franchise tax report listing officers, directors and managers. It is the part of the Texas filing that does the job another state's annual report does.
Can an entity be in good standing at the Secretary of State and forfeited at the Comptroller?
Yes, and it is common. The two agencies hold different records. Check both.