You’ve built your Texas energy consultancy on expertise and trust. Clients rely on you to interpret grid data, advise on renewables strategy or guide them through regulatory change. Texas’s energy sector is one of the largest in the country, contributing about $390 billion to the state economy and supporting over 819,000 jobs across oil, gas, and renewables. With the state leading in oil, natural gas, wind and utility-scale solar production, it is no surprise that demand for energy consultants continues to grow.
At some point, the side project becomes something more serious. Contracts grow, and so does risk. You may start to wonder whether trading in your own name still makes sense.
If you feel unsure about the legal aspects of how to form a Texas LLC, you’re not alone. Many founders hesitate because the process sounds complex. The good news is that you can move forward with clarity and confidence when you understand what Texas actually requires.
- Choose the LLC structure
When you form a Limited Liability Company, you create a separate legal entity that stands apart from you as an individual—a structure that gives you limited liability protection. In practical terms, if a client disputes a consultancy report or a project faces financial difficulty, creditors usually pursue the company’s assets rather than your personal savings.
You must decide whether you want:
- A single-member LLC, where you remain the sole owner, or;
- A multi-member LLC if you work with partners.
Most independent consultants choose the single-member route because it keeps management simple while still protecting personal assets.
However, if you co-found the business with another engineer or sustainability advisor, you should agree on ownership percentages early and record them in an operating agreement. This document sets out how you share profits and how you resolve disagreements, reducing confusion later.
- File your formation correctly
Texas requires you to file a Certificate of Formation with the Texas Secretary of State. You can submit this document through SOSDirect or SOSUpload. SOSDirect works well if you want to complete the online form step by step. SOSUpload suits you if you prefer to upload a prepared PDF.
You must include your LLC name, registered agent details and management structure. Texas currently charges a $300 filing fee. After submission, the Secretary of State reviews your documents and issues evidence of filing once they accept them.
Keep your filed copies and the certificate of formation confirmation. Banks often ask for this evidence when you open a business account. Likewise, corporate clients may request proof that your company exists before they sign consultancy agreements.
- Get your EIN the right way
After formation, you need an Employer Identification Number from the IRS. Even if you don’t plan to hire staff, you should obtain an EIN because banks require it to open a business account. You can apply for an EIN online for free through the IRS website.
During the application, you confirm your LLC details and the responsible party. This step links your tax identity to your company rather than your personal Social Security number. That separation strengthens your professional image and supports accurate bookkeeping.
- Plan for Texas franchise tax
Texas doesn’t impose a state income tax on individuals, yet it does require most LLCs to file an annual franchise tax report. The Texas Comptroller publishes current franchise tax thresholds and rates, including a No Tax Due Threshold of $2,650,000 for 2026 and 2027 and an annual reporting due date of May 15.
If your consultancy earns less than that threshold, you might not owe tax, yet you still must file a report. Mark 15 May in your calendar and set reminders. Keep accurate revenue records throughout the year so you can complete the report quickly. This routine will help you avoid penalties and keep your LLC in good standing.
Protect your momentum with the right foundations
You started your energy consultancy to solve real problems, not to wrestle with paperwork. Yet the legal structure you choose shapes how confidently you can grow. By forming your Texas LLC carefully from the outset, you reduce risk and build credibility at the same time.
With a proactive approach, you can focus on advising clients on strategy while your legal foundations support you in the background. Take these steps methodically, and you will turn your consultancy into a stable, professional business that matches the ambition you already bring to your work.
