Business Start Up
BUSINESS (Download PDF HERE)
START-UP GUIDE
LOCAL, COUNTY, STATE AND
FEDERAL REQUIREMENTS
Funded in part through the State of Texas and a Cooperative Agreement with the U.S. Small Business Administration. Reasonable accommodations for persons with disabilities or limited English proficiency will be made if requested at least two weeks in advance. Contact Monica Benavides Stuber at Del Mar College, 101 Baldwin, Corpus Christi, TX 78404; (361) 698-2422
3209 S. Staples St., Corpus Christi, TX 78411 (Physical Address)
101 Baldwin Blvd., Corpus Christi, TX 78404 (Mailing Address)
Ph. (361) 698-1021 • Fax (361) 698-1024
www.delmar.edu/sbdc • www.seminarscc.com
@DelMarCollegeSBDC @dmcsbdc
Updated 11.5.1
LOCAL REQUIREMENTS
BUSINESS REGISTRATION
ASSUMED NAME CERTIFICATE
Companies conducting business in a county must obtain an Assumed Name Certificate from the County Clerk’s office for an Assumed Name Certificate, also known as DBA (doing business as). The certificate is good for 10 years.
Reference: http://www.sos.state.tx.us/corp/namefilingsfaqs.shtml
Nueces County Courthouse San Patricio County Courthouse
901 Leopard St. #103 400 W. Sinton St.
Corpus Christi, TX 78401 Sinton, TX 78387
(361) 888-0580 (361) 364-9300
www.co.nueces.tx.us http://www.co.san-patricio.tx.us
ZONING, PERMITS, INSPECTIONS & LICENSES
CERTIFICATE OF OCCUPANCY
A Certificate of Occupancy is required for all retail commercial businesses in the city. City Inspectors determine if the building meets all codes and requirements for its intended use. A new Certificate of Occupancy must be obtained for a new structure or for an existing structure if the use will be changing.
Corpus Christi (361) 826-3240 www.cctexas.com/ds
BUILDING INSPECTIONS
Building inspections need to be completed when a building undergoes modification. A building inspection will also need to be done when acquiring a new Certificate of Occupancy.
Building Inspection Division:
Corpus Christi (361) 826-3240 www.cctexas.com/ds
HEALTH DEPARTMENT
A business that sells food or beverages must be inspected by the Health Department to receive a Food Establishment License. For safety food handler and manager training and certification, click on the reference: www.texasfoodhandler.com
Corpus Christi (361) 826-7273
Corpus Christi Health District
2406 Leopard, Frost Bank Bldg.
Corpus Christi, Texas 78408
(361) 826-7273
TEXAS ALCOHOLIC BEVERAGE COMMISSION
The TABC must be contacted by businesses that intend to sell or serve alcohol. For TABC training and certification, click on the reference: www.tabc.state.tx.us/contact_us/cities/corpus-christi.asp
Local Contact:
2820 S.P.I.D., Suite 120
Corpus Christi, TX 78415
Ph.: (361) 851-2531
VENDOR PERMITS
A vendor permit must be obtained by anyone who intends to sell by operating a moveable cart, a temporary stand, door to door, etc. For a permit, check with your local City Hall and/or Economic Development Center.
Determine necessary licenses, permits, certifications, registrations, and/or authorizations for a specific business on the federal, state, and local levels by also checking reference: https://gov.texas.gov/business/page/business-permits-office
For Corpus Christi: Reference: www.cctexas.com
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In Corpus Christi, if you are selling food or beverages from a vendor cart you must contact: Health Department 361-826-7222 or 361-826-7273
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In Corpus Christi, If you will be doing business on city property (city parks, North Beach) you need a permit, please Call (361) 826-3469
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In Corpus Christi, if you will be doing business from a Nueces County Beach you will need to contact: Nueces County Department of Parks and Recreation (361) 387-5904.
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In Corpus Christi, vendors who want to set up a stand on private property (i.e. the parking lot of an existing business) must get permission from the business, and get a permit from: Building Inspections Office (361) 826-3240.
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In Corpus Christi, if you intend to sell door to door you can acquire a permit from: City Secretary (361) 826-3105.
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In Corpus Christi, vendors who wish to sell along a parade route contact: Police Department at 321 Laguna St. at (361) 886-2600.
FIRE PREVENTION BUREAU (must be called to inspect food trucks)
The Fire Prevention Bureau inspects businesses on a regular basis. Upon passing inspection, the inspector will issue a permit to operate. Some of the items the Inspector will look for are working exit lights, emergency exit lights, proper exit doors, proper storage, fire extinguishers, proper use of extension cords, and ceiling tiles in place. If you have any questions or concerns, please call a Fire Inspector at:
Corpus Christi (361) 826-3930
HOME OFFICE/ZONING
The city regulates what businesses can and cannot be run from your home. In general, a "paperwork" business can be run from home. However, you are not allowed to put a sign up in your yard to advertise your business. You cannot employ more than one person outside the family, and the majority of the house must be used for living in. You are not allowed to run a business out of your home that involves selling out of your house or storing goods that are for sale in your house. Check with your local City Planning Office for zoning regulations before you sign a lease or buy property for your business location.
Corpus Christi (361) 826-3240
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ)
Formally known as the TNRCC. The TCEQ is the state environmental regulatory agency who develops and enforces state environmental laws. State laws require most businesses that affect the environment in any way to obtain environmental permits. Some small businesses may qualify for a standard exemption or permit by rule. The TCEQ Small Business Environmental Assistance Division can help you determine the need for environmental permits. Please contact: Glenda Swiere, Compliance Assistance Specialist for TCEQ, Region 14, at (361) 825-3421, or call the toll free hotline at 1-800-447-2827.
For State permits, licenses, registrations or other authorizations, you may also contact the Texas Commission on Environmental Quality.
Reference: https://www.tceq.texas.gov/permitting/business_types/
INTERNATIONAL TRADE
INTERNATIONAL TRADE CENTER (UTSA)
The International Trade Center is part of the South-West Texas Border Small Business Development Network (SBDC). Established in 1992, it provides businesses with high-value trade consulting services, cutting-edge market research and innovative training programs that deliver results in importing/exporting. For importing/exporting training, check Reference: http://texastrade.org/training/
DEPARTMENT OF COMMERCE
The U.S. Commercial Service (CS), part of the U.S. Department of Commerce’s International Trade Administration, offers companies a full range of expertise in international trade. Companies can find assistance locally in more than 100 U.S. Commercial Service offices nationwide and in more than 70 international offices.
Local contact:
Daniel G. Rodriguez, Director
U.S. Department of Commerce - U.S. Commercial Service
615 E. Houston St. Ste. 207
San Antonio, TX 78205
Ph: (210) 472-4020
Daniel.Rodriguez@trade.gov or www.export.gov/sanantonio
U.S. CUSTOMS & BORDER PROTECTION (CBP)
CBP works to secure and facilitate imports arriving in the U.S., accommodating the increasing volume and complexities of international trade. CBP protects U.S. agricultural resources through active inspections at ports of entry. With the Container Security Initiative, Customs-Trade Partnership Against Terrorism, and the Automated Commercial Environment. Reference: https://www.cbp.gov/trade/basic-import-export
FEDERAL MARITIME COMMISSION
A federal agency in the United States that regulates ocean-going transportation and commerce between US organizations and foreign countries. The Federal Maritime Commission is responsible for monitoring and licensing all ocean-based shipping and other business activities involving US companies or concerns.
Reference: https://www.fmc.gov/
U.S. FISH & WILD LIFE SERVICES
A business engaging in any wildlife related activity, including the import or export of wildlife and derivative products. Reference: https://www.fws.gov/permits/
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB)
The TTB protects the public by enforcing the provisions of the Federal Alcohol Administration Act (FAA Act) to ensure that only qualified persons engage in the alcohol beverage industry. We are responsible for enforcing the laws regulating alcohol production, importation, and wholesale businesses; tobacco manufacturing and importing businesses; and alcohol labeling and advertising. Reference: https://www.ttb.gov/
EMPLOYER REQUIREMENTS - STATE OF TEXAS:
TEXAS WORKFORCE COMMISSION (TWC)
The major functions of TWC include developing the workforce, providing support services including child care for targeted populations participating in workforce training and adult education and literacy services, providing services for people with disabilities to obtain training and employment, and administering the unemployment benefits and tax programs. TWC also provides information and analysis on shifts in occupations and industries within the state and seeks to reduce discrimination in employment and housing through education and enforcement of state and federal laws.
The unemployment benefits program, funded through employer taxes, provides temporary income to workers who have lost their jobs through no fault of their own. TWC collects unemployment taxes from liable employers and pays unemployment benefits to qualified claimants. TWC has a formal appeal procedure to address claim issues and employer tax liability, contribution or reimbursement disputes.
For employers, TWC offers recruiting, training and retraining, outplacement services, assistance recruiting and retaining qualified employees with disabilities, and valuable information on employment law and labor market trends and statistics.
Visit http://www.twc.state.tx.us or contact:
Main Office:
Austin, TX 78778-0001
(800) 832-9394
Corpus Christi (361) 882-7491
WORKERS COMPENSATION INSURANCE
In Texas, private employers can choose to carry workers' compensation insurance coverage, but it is not required in most cases. A workers' compensation insurance policy provides lost wages and medical benefits to employees injured on the job. Except when gross negligence results in a fatality, coverage limits liability if an employee sues your business for damages. Resource: https://www.tdi.texas.gov/wc/act/index.html
For more information contact:
Division of Workers’ Compensation Central Office
7551 Metro Center Drive, Suite 100
Austin, TX, 78744
(800) 252-7031
Local Contact info:
5155 Flynn Parkway, Suite 218
Corpus Christi, TX 78411-4316
Ph.: (361) 881-8631
Committee on People with Disabilities-Americans with Disabilities Act (ADA) – State of Texas
The Governor's Committee promotes compliance with and facilitates implementation of the ADA, Texas Accessibility Standards and other state and federal disability rights laws.
Public entities with fifty or more employees must designate a person to handle ADA concerns, often called the ADA Coordinator.
Contact info:
Ron Lucey, Executive Director
Texas Governor's Committee on People with Disabilities
P. O. Box 12428 Austin, TX 78711 - Ph.: (512) 463-5739
EMPLOYER REQUIREMENTS - FEDERAL:
U.S. DEPARTMENT OF LABOR (DOL)
The Department of Labor (DOL) fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements. In carrying out this mission, the Department administers a variety of Federal labor laws including those that guarantee workers’ rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support.
As of 10/1/2018, the Federal and Texas State minimum wage is $7.25 per hour. For more information on covered employees, overtime pay, child labor, wage enforcement and record keeping requirements under the Fair Labor Standards Act, visit Trending Topics at the bottom of the DOL home page at: www.dol.gov
or contact:
Employment Standards Administration
Wage and Hour Division
606 N. Carancahua
Corpus Christi, TX 78467
(361) 888-3520 or (866) 487-9243
Regional Wage and Hour Office
10127 Morocco Ste. 140
San Antonio, Texas 78216
(210) 308-4515
U.S. Equal Employment Opportunity Commission (EEOC)
The U.S. Equal Employment Opportunity Commission enforces Federal laws prohibiting employment discrimination. These laws protect employees and job applicants against employment discrimination when it involves:
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Unfair treatment because of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.
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Harassment by managers, co-workers, or others in the workplace, because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
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Denial of a reasonable workplace accommodation that the employee needs because of religious beliefs or disability.
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Retaliation because the employee complained about job discrimination, or assisted with a job discrimination investigation or lawsuit.
Visit: http://www.eeoc.gov/employers/index.cfm
Local Contact:
Rodney Klein
Ph.: (210) 281-7666
Email: Rodney.Klein@eeoc.gov
OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
With the Occupational Safety and Health Act of 1970, Congress created the Occupational Safety and Health Administration (OSHA) to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.
OSHA is part of the United States Department of Labor. The administrator for OSHA is the Assistant Secretary of Labor for Occupational Safety and Health. OSHA's administrator answers to the Secretary of Labor, who is a member of the cabinet of the President of the United States.
Federal Level OSHA Contact info:
U.S. Department of Labor – OSHA
200 Constitution Ave.
Washington, DC 20210
Local: (361) 888-3420 or 1-800-321-6742
Texas OSHA Contact info:
U.S. Department of Labor – OSHA
903 San Jacinto Ste. 319
Austin, Texas 78701
(512) 916-5783
OSHCON
The Occupational Safety and Health Consultation (OSHCON) program is a free and confidential service available to private Texas employers through the Texas Department of Insurance, Division of Workers' Compensation. OSHCON’s professional safety and health consultants across the state are available to help you identify and eliminate occupational hazards in your workplace, whether or not your company carries workers' compensation insurance. Reference: www.txoshcon.com
Contact info:
Linda Koenig, RPIH, BS
OSHCON Safety Consultant
Texas Department of Insurance
Division of Worker’s Compensation
Corpus Christi, TX 78411
(361) 883-2551 ext. 702
www.osha.gov
U.S. CITIZENSHIP & IMMIGRATION SERVICES (INS):
Every employer must have an Eligibility Verification Form (I-9) completed and on file for each employee. For more information, visit www.uscis.gov and click on Immigration Forms, Fees or call the Office of Business Liaison at (800) 357-2099.
BUSINESS TAX RESPONSIBILITIES
TEXAS STATE COMPTROLLER
SALES & USE TAX PERMIT
Texas imposes a 6.25% state sales and use tax on all retail sales, leases and rentals of most goods, as well as taxable services. Local taxing jurisdictions (cities, counties, special purpose districts and transit authorities) can also impose up to 2% sales and use tax for a maximum combined rate of 8.25%.
Reference: https://comptroller.texas.gov/taxes/sales/
State Comptroller Office LBJ State Office Building
400 Mann Street, Suite 600 111 E. 17th St
Corpus Christi, TX Austin, TX 78711
(361) 882-1234 (800) 252-5555
Note: Refer to State Sales and Use Tax for Texas Comptroller of Public Accounts for tax information hotlines.
INTERNAL REVENUE SERVICE (IRS)
Most businesses start out small. As a new business owner you need to know your federal tax responsibilities. To get the basic federal tax information for businesses, please visit the Internal Revenue Service website at http://www.irs.gov or click on https://www.irs.gov/businesses.
Local IRS Office:
555 N. Carancahua Ste. 110
Corpus Christi, TX 78478
(361) 903-1919 or
(800) 829-0115 (business info).
Reference: http://www.irs.gov/uac/Contact-My-Local-Office-In-Texas
Employers are responsible for three (3) types of Federal payroll collections and payments:
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Income tax withheld from employee wages. Proprietorship, partnership, and corporations are responsible for filing federal tax reports.
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Employer and Employee Social Security Taxes (FICA). Every business with one or more employees is required by law to withhold Federal Income Tax as well as Social Security Taxes from wages paid to employees quarterly.
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Federal Unemployment Tax (FUTA). If you pay wages of $1,500 or more in any quarter or have one or more employees, which are not farm or household workers, in each of 20 calendar weeks, you are subject to the Federal Unemployment Tax (FUTA).
Who is Self-Employed?
Generally, you are self-employed if any of the following apply to you.
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You carry on a trade or business as a sole proprietor or an independent contractor.
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You are a member of a partnership that carries on a trade or business.
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You are otherwise in business for yourself (including a part-time business)
For more information about your self-employment tax obligation go to: https://www.irs.gov/businesses/small-businesses-self-employed/self-employed-individuals-tax-center
FEDERAL EMPLOYER IDENTIFICATION NUMBER (EIN):
Apply online to obtain an Employer Identification Number in the IRS website for no cost at:
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TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
LOCAL BUSINESS RECOURCE PARTNERS
SCORE For over 50 years, SCORE’s thousands of working and retired business professionals have volunteered to support the success of small business nationwide. SCORE business mentoring is free and confidential. SCORE provides free business advice through their network of volunteer business experts. Clients can meet with a mentor online or face-to-face in a chapter near you. To request a mentor, visit www.score.org/find-mentor and search for a mentor by keyword, industry, location or expertise. SCORE can also make a match for you based on your business question. SCORE’s experienced business mentors provide general business advice on every aspect of business planning, start-up, management and growth. Local Contact info: 2820 South Padre Island Suite 108 Corpus Christi, TX, 78415 Ph.: (361) 879-0017 https://corpuschristi.score.org/content/mission-vision-and-values Small Business Administration The U.S. Small Business Administration (SBA) was created in 1953 as an independent agency of the federal government to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation. We recognize that small business is critical to our economic recovery and strength, to building America's future, and to helping the United States compete in today's global marketplace. Although SBA has grown and evolved in the years since it was established in 1953, the bottom line mission remains the same. The SBA helps Americans start, build and grow businesses. Through an extensive network of field offices and partnerships with public and private organizations, SBA delivers its services to people throughout the United States, Puerto Rico, the U. S. Virgin Islands and Guam. Local Contact info: Monica Stuber, Branch Manager Corpus Christi Branch Office Phone: 361-360-0319 Cell: 361-502-1708 https://www.sba.gov/offices/district/tx/harlingen Coastal Bend Innovation Center at Texas A&M - Corpus Christi The Innovation Center serves as a catalyst for innovative ideas by providing business advice for the entrepreneurial process and supporting the creation of sustainable, successful Coastal Bend businesses at every level of development. The Innovation Center plays a major role in promoting cross-disciplinary academic and entrepreneurial programs within the Texas A&M University. The Business Incubation Program Business Incubation is a supporting process that accelerates the successful development of innovative start-up businesses and growing companies by providing entrepreneurs with an array of crucial resources. The program consists of four levels:
These mentoring services will be orchestrated by our business incubator staff and offered both in the business incubator and through its network of contacts. The main goal of the incubation program is to produce successful companies. Upon graduation from the Coastal Bend Incubation program, a start-up company will have the potential to create jobs, revitalize neighborhoods, commercialize new technologies, and strengthen both local and statewide economies. Companies in the incubation program have access to appropriate rental space and flexible leases, shared basic business networks, services and equipment, along with technology support services. In addition, companies are provided with professional PhD level business mentoring, student internship programs, coursework modeling and interaction, educational classes and assistance in obtaining the financial stability necessary for company growth. Contact info: 10201 South Padre Island Drive, Suite 100 Corpus Christi, Texas 78418 Ph.: (361)825-3525 Veterans Business Outreach Centers (VBOC) The UTRGV Veterans Business Outreach Center (VBOC) is designed to help create, retain and develop businesses and to contribute to the success of entrepreneurs who are members of the U.S. military community including Veterans, Service-Disabled Veterans, Reservists, National Guard members and Active-duty service members preparing to transition from military service to business ownership. Contact info: Veterans Business Outreach Center University of Texas – Rio Grande Valley CESS Bldg., Suite 1.200 1407 E. Freddy Gonzalez-Edinburg Email: vboc@utrgv.edu Ph.: (956) 665-8931 Procurement Technical Assistance Center (PTAC) PTAC’s goal is to assist any business interested in pursuing Federal, State, or Local government contracts through the following services:
Contact info: Del Mar College PTAC 3209 S. Staples St. Corpus Christi, TX 78411 Ph.: (361) 398-1024
OTHER USEFUL AGENCIES
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TEXAS DEPARTMENT OF PUBLIC SAFETY
Reference: http://www.txdps.state.tx.us/index.htm
Corpus Christi Office Alice Office
1922 S.P.I.D. 300 S. Johnson St.
Corpus Christi, TX 78416 Alice, TX 78332
(361) 289-0552 (361) 664-2113
Robstown Office Kingsville Office
710 E. Main St. 725 E. Kleberg Ave.
Robstown, TX 78380 Kingsville, TX 78363
(361) 767-5232 (361) 592-1911
TEXAS DEPARTMENT OF AGRICULTURE (TDA)
The Trade and Business Development Division, https://texasagriculture.gov/, supports the agency’s mission by administering programs that empower rural communities, encourage healthy lifestyles, protect consumers and promote production agriculture. The Division is composed of three offices: the Office of Rural Affairs, Marketing and International Trade and Grants. For community and economic development details, visit: https://texasagriculture.gov/GrantsServices.aspx
TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT)
TxDOT is the statewide government agency that is in charge of the construction and maintenance of the state's immense state highway system, the agency is responsible for overseeing aviation, rail, and public transportation systems in the state. The Corpus Christi TxDot District plans, designs, builds, operates and maintains the state transportation system in the following counties: Aransas, Bee, Goliad, Jim Wells, Karnes, Kleberg, Live Oak, Nueces, Refugio and San Patricio.
Visit: http://www.txdot.gov/inside-txdot/district/corpus-christi.html
U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
The Affordable Care Act was passed by Congress and then signed into law by the President on March 23, 2010. On June 28, 2012 the Supreme Court rendered a final decision to uphold the health care law. For details click on the following web links:
Reference: http://www.hhs.gov/healthcare/
Reference: http://obamacarefacts.com/obamacare-small-business/
U.S. PATENT AND TRADEMARK OFFICE (USPTO)
The USPTO is the federal agency for granting U.S. patents and registering trademarks. The USPTO advises the president of the United States, the secretary of commerce, and U.S. government agencies on intellectual property (IP) policy, protection, and enforcement; and promotes the stronger and more effective IP protection around the world. The USPTO furthers effective IP protection for U.S. innovators and entrepreneurs worldwide by working with other agencies to secure strong IP provisions in free trade and other international agreements. It also provides training, education, and capacity-building programs designed to foster respect for IP and encourage the development of strong IP enforcement regimes by U.S. trading partners.
Reference: http://www.uspto.gov/
THE FEDERAL COMMUNICATIONS COMMISSION
A business broadcasting information by radio, television, wire, satellite, or cable, contact: The FCC regulates interstate and international communications by radio, television, wire, satellite and cable in all 50 states, the District of Columbia and U.S. territories.
Reference: https://www.fcc.gov/about/overview
U.S. NUCLEAR REGULATORY COMMISSION
A business producing commercial nuclear energy, or is a fuel cycle facility, or is involved in distribution and disposal of nuclear materials.
Reference: https://www.nrc.gov/about-nrc/regulatory/licensing/fees.html
NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION FISHERIES SERVICE
A business engaging in commercial fishing of any kind
Reference: https://www.fisheries.noaa.gov/welcome