Master Texas Notary Law, Proper Procedure, and Journal Best Practices

A notary public is a public servant and an officer of the State of Texas with statewide jurisdiction. A notary has the same authority as a county clerk to take acknowledgments and proofs, protest instruments the law permits to be protested, administer oaths, take depositions, and certify copies of documents not recordable in the public records (Tex. Gov't Code §406.003, §406.016(a)).

The primary duty is to show that a disinterested party — the notary — notified the signer of an instrument as to its importance, and that the signer declared their identity, signature, and reasons for signing to be genuine. The signature and seal do not prove these facts conclusively; they give prima facie proof of them, which is why commerce may rely on the notary as a third party with no interest in the transaction.

A notary signs official instruments in the name under which the notary is commissioned, may not issue an identification card, and — if not a licensed attorney — may not give legal advice or accept fees for legal advice (§406.016(b)–(d)). A notary is personally liable for negligence or fraud in the office; the bond does not shield the notary (§406.010(b)).

Eligibility (§406.004). To be appointed and commissioned, a person must be at least 18 years old, a resident of Texas, and must not have been convicted of a felony or a crime involving moral turpitude. The Secretary of State runs background checks and must reject an application or revoke a commission if it discovers the applicant or notary is ineligible.

Term and reappointment. A commission runs four years from the date the notary qualifies (§406.002). A notary may apply for reappointment no earlier than 90 days before the term expires, must submit a new application, and must complete the continuing education requirement before being reappointed (§406.011). The bond, the official oath, and the filing fees are part of qualifying (§406.006, §406.010).

Education and exam (SB 693, 2025). For new and renewal applications filed on or after January 1, 2026, an applicant must complete the education course offered by the Secretary of State through the SOS Notary Portal (§406.006(6), §406.023(d)). The statute caps the course at two hours for appointment and continuing education at two hours for reappointment, and requires that only the Secretary of State's own course satisfy the requirement. A notary appointed before September 1, 2025 is not required to complete the initial-appointment course, but still must meet the continuing education requirement at reappointment. Verify current fees, timing, and any passing score with the Secretary of State before you apply.

Commission under oath. Before taking office a notary must take the official oath (§406.010(c)), sworn in the presence of a notary or other officer authorized to administer oaths. A notary cannot execute their own oath of office or notarize their own commission (§406.010(d)).

The bond (§406.010). Before taking office, each notary must execute a $10,000 bond with a solvent surety company authorized to do business in Texas, approved by the Secretary of State, payable to the governor, and conditioned on the faithful performance of the duties of office. The bond is filed with the Secretary of State, is not void on first recovery, and may be sued on in the name of the injured party from time to time until the whole amount is recovered. Subsection (f) exempts persons whose notary services are performed primarily as a state officer or employee. The bond protects the public, not the notary: if the surety pays a claim it may seek reimbursement from the notary, and the notary remains personally liable beyond the $10,000.

E&O insurance is separate coverage the notary buys, and the Secretary of State confirms it protects the notary rather than the public. It responds when a notary is accused of a negligent act, error, or omission in a notarial duty: identifying the wrong person, notarizing without personal appearance, missing or misusing certificate wording, improperly certifying a copy, failing to keep or complete the record book accurately, or a clerical error in the seal or signature block. Texas does not require E&O insurance, and no policy replaces the bond.

What a policy covers, and does not. Read the declarations page and the exclusions. Most policies pay defense costs and damages for negligent or unintentional acts up to the limit; nearly all exclude intentional misconduct, fraud, dishonest or criminal acts, acts outside the notary's authority, and the unauthorized practice of law. Know whether your policy is claims-made (the claim must be made and reported while the policy is in force) or occurrence-based, and whether the limit applies per notarial act, per signing, or per term.

Requirements from signing services, lenders, and title companies. A Notary Signing Agent is routinely required to carry E&O as a condition of receiving assignments. Signing services, lenders, title companies, and escrow officers commonly require at least $100,000, a large share require $500,000 or more, and some specify $1,000,000 — and the requirement is contractual, not statutory. The coverage must be in force on the date of the signing, not applied for afterward. Expect to provide a Certificate of Insurance showing the named insured, carrier, policy period, policy number, and exact limits; many companies ask to be named as certificate holder or additional insured, and some ask for a waiver of subrogation. Never alter, backdate, or substitute another notary's policy as your own — presenting coverage you do not hold is fraud. Buy the limit the work actually requires, keep the policy continuously in force (a lapse can defeat a claims-made claim), confirm the policy covers both traditional and online notarizations, and review limits at each renewal.

Required elements (§406.013(a)). A notary must provide a seal of office that clearly shows, when embossed, stamped, or printed on a document: the words "Notary Public, State of Texas" around a star of five points, the notary's name, the notary's identifying number, and the date the commission expires. Notaries commissioned for the first time on or after January 1, 2016, and those renewing on or after that date, must have their notary ID number on the seal. The notary must authenticate all official acts with the seal.

Form and application (§406.013(b)–(d)). The seal may be circular, not more than two inches in diameter, or rectangular, not more than one inch wide and 2½ inches long, and must have a serrated or milled edge border. It must be affixed by a seal press or stamp that embosses or prints a seal legibly reproducing the required elements under photographic methods, and an indelible ink pad must be used when stamping an instrument. An electronically transmitted authenticated document is exempt from the press/stamp requirement but must legibly reproduce the required elements.

What you may not do with the seal (§406.013(e)). A notary may not provide a copy of the seal to another person, and may not affix or attach the seal to any document except to authenticate the notary's official act. Never lend, share, or electronically transmit your seal, and never stamp a document for the future or to fill a page.

Stamps and embossers. The Secretary of State does not approve or certify particular models, brands, or form factors — a pocket or mini stamp is permissible if it produces a legible impression meeting the statutory size, content, and edge-border requirements. An embosser is permitted because the statute allows a seal that is "embossed" as well as one that is "printed," but a plain embossed impression often does not photograph or scan legibly and may be rejected by a recording clerk. Test whatever you use on a copy and confirm it photographs legibly before relying on it.

Acknowledgment (Civ. Prac. & Rem. Code §121.004). To acknowledge an instrument for recording, the person who executed it must appear before the officer and state that they executed it for the purposes and consideration expressed in it. The officer makes, signs, and seals a certificate of the acknowledgment. The signer must personally appear, be identified, and acknowledge the signature as their own.

Jurat. The signer personally appears, signs in the notary's presence, and takes an oath or affirmation that the statements in the document are true. The notary's certificate states when, where, and before whom the affidavit was sworn.

Oath or affirmation (§406.016(a)(3)) and depositions (§406.016(a)(4), Civ. Prac. & Rem. Code §20.001). A protest is a certificate of dishonor of a negotiable instrument, chiefly used with bills and notes.

Copy certification (§406.016(a)(5)). A notary may certify copies only of documents that are not recordable in the public records. Recordable documents — birth, death, and marriage certificates, divorce decrees, deeds, and court records — may not be certified by a notary; the customer must obtain a certified copy from the agency that holds the record. For a non-recordable document, the original must be presented and the copy made from it. A notary may not issue an identification card (§406.016(c)).

Step 1 — Personal appearance. The signer must personally appear at the time of the notarization. For an in-person act, personal appearance means the person physically appears in a manner that permits the notary and the person to see, hear, communicate with, and provide proof of identification to each other; for an online notarization it means appearance by interactive two-way video and audio conference meeting the Secretary of State's standards (§406.0091(d)). Never notarize for someone who is not present, and never take an acknowledgment by telephone or video unless you hold an online notary commission.

Step 2 — Identify the signer. Use one of the methods in Civil Practice and Remedies Code §121.005: personal knowledge, a current government-issued identification card or other document bearing the person's photograph and signature, or the oath of a credible witness. Section 7 covers the details.

Step 3 — Confirm willingness and awareness. Be satisfied the signer is acting willingly and understands what they are signing. If the signer appears confused, coerced, or under the influence, decline the act.

Step 4 — Confirm the act and the certificate. Identify the act the document requires — acknowledgment, jurat (oath or affirmation), or copy certification — and verify the certificate on the document matches it. A notary who is not an attorney may not choose the type of notarial certificate; only complete the certificate already on the document, and tell the signer to seek the document drafter's direction if it is missing or wrong. Never add a certificate because you prefer it.

Step 5 — Make the record book entry. Complete the entry required by §406.014 at the time of the act.

Step 6 — Complete the certificate and seal it. Sign exactly the name shown on your commission, print or type your name, and affix the seal legibly near your signature without covering text or signatures. The certificate must reflect the truth: the venue where the act occurred, the correct date, and the correct signer name.

Q&A — Signature: must it be readable, or match the one on the commission? Texas does not require the signature itself to be readable, or drawn out in printed letters — a notary signs with their ordinary signature. What the statute fixes is the name: a notary must sign official instruments in the name under which the notary is commissioned (§406.016(b)), so a nickname, initials in place of a commissioned full name, or a married or maiden name the commission does not show is not a proper signing of the office, even if it is the signature you use day to day. Legibility is a practical duty rather than a statutory one: print or type your commissioned name beside every signature — on certificates, loose-leaf pages, and the record book — and keep one signature style for the whole term. The seal independently shows your name, identification number, and the date the commission expires. If your name changes, file the change with the Secretary of State and obtain a seal in the new name before signing it (Section 14). Apostilles turn on the same consistency: to use a Texas-notarized document abroad, the Office of the Texas Secretary of State authenticates the notary's signature and seal, which it checks against its own commission record — a name that does not match the commission, or an impression too faint or cluttered to read, is a common reason a correctly notarized document comes back refused. Apostilles are issued only by the Secretary of State; a notary cannot issue one, and the apostille certifies the signature, seal, and certificate, never the truth of the document's contents. Recordable documents — birth, death, and marriage certificates, court records, and deeds — are authenticated through the agency that holds them, because a notary may not notarize them at all.

Q&A — Missing or wrong venue. The venue line belongs to your notarial certificate, not the signer's legal text, so completing a blank venue — the state and county where the act actually happens — is a notarial function, not the unauthorized practice of law. If a certificate is pre-printed with the wrong county, correct it within your own certificate: one clean strike-through, the correct county printed beside it, initialed and dated in the same pen. Never use correction fluid or erase. If the certificate wording itself is wrong, if the substantive text is blank or altered, or if the closing instructions forbid any marking, request a corrected document instead.

Loose-leaf certificates. Use a separate certificate page only when the document has no certificate, the printed certificate is the wrong type, or there is no room for your seal — and only when the closing agent allows it. Complete the venue, the section that applies (individual or entity), the signer's name exactly as it appears in the signature block, the date, your signature as commissioned, your printed name, your commission expiration, and the seal inside the box, and fill in the "attached to" block identifying the document, signer, date, page count, and your initials. Attach it directly behind the document with a paper clip or binder clip — never a staple, because stapled or punched pages can be rejected by a recording clerk.

Signing for a person who cannot sign (§406.0165). A notary may sign the name of an individual who is physically unable to sign or make a mark if that individual directs it, in the presence of a witness with no legal or equitable interest in the property affected, and the witness is identified the same way an acknowledging person is (Civ. Prac. & Rem. Code §121.005). Beneath the signature, write the statutory statement: "Signature affixed by notary in the presence of (name of witness), a disinterested witness, under Section 406.0165, Government Code."

Satisfactory evidence of identity (Civ. Prac. & Rem. Code §121.005). An officer may not take an acknowledgment unless the officer knows or has satisfactory evidence that the acknowledging person is the person who executed the instrument. The officer may accept only: (1) the oath of a credible witness who is personally known to the officer or who provides a current government-issued identification card or document bearing their photograph and signature; (2) a current identification card or other document issued by the federal government or a state government bearing the acknowledging person's photograph and signature; or (3) for a deed or other instrument relating to a residential real estate transaction, a current passport issued by a foreign country.

Record the method. Except in the statutory short form, the certificate of acknowledgment must note whether the officer personally knows the acknowledging person or used a witness or an identification document (§121.005(b)). The record book must show the same: whether the signer was personally known, identified by a government identification card or U.S. passport, or introduced, and if introduced, the introducer's name and mailing address (§406.014(a)(5)).

Credible witnesses. A credible witness must personally know the signer and must vouch for the signer's identity by oath or affirmation. Texas permits a single credible witness who meets the statutory requirements. Record the witness's name and mailing address and how the witness was identified. Never accept a photocopy of an ID, an expired ID, or a third party's description of the signer.

Signing for an entity. Identify the individual who appears — not their authority. The notary confirms the identity, willingness, and awareness of the person in front of them; determining whether that person is authorized to bind a corporation, LLC, partnership, or trust is not the notary's role. Never demand bylaws, an operating agreement, a resolution, or a power of attorney, and never evaluate one. If the signer is unsure of their own authority, decline to advise and direct them to the entity's officers or attorney. The certificate may show the signer's name with the entity and their title (for example, "Jane Doe, Manager of Example LLC").

§406.014(a) requires a notary to keep a record book, whether or not a fee is charged; a court clerk notarizing instruments for the court is exempt. For each notarization the entry must record: (1) the date of the instrument notarized; (2) the date of the notarization; (3) the name of the signer, grantor, or maker; (4) the signer's mailing address; (5) whether the signer is personally known to the notary, was identified by an identification card issued by a governmental agency or a U.S. passport, or was introduced — and if introduced, the introducer's name and mailing address; (6) if the instrument is proved by a witness, the witness's mailing address and whether the witness is personally known or was introduced, with the introducer's name and mailing address; (7) the name and mailing address of the grantee; (8) if land is conveyed or charged, the name of the original grantee and the county where the land is located; and (9) a brief description of the instrument.

No identifying numbers. 1 TAC §87.40 prohibits recording in the record book the identification number assigned by a governmental agency or by the United States and set out on an identification card or passport, or any other number that could be used to identify the signer. Recording a number related to the signer's address is permitted, and §406.014(f) allows the notary to record the expiration date of an identification card or U.S. passport presented as identification.

Public information. Entries in the record book are public information, and on payment of all fees the notary must provide a certified copy of any record of official acts to anyone who requests it (§406.014(b), (c)). Respond to a written request within the time the Secretary of State allows, and keep the record book in a safe and secure manner.

Retention and form. A notary must retain the records required by §406.014(a) until the 10th anniversary of the date of notarization (§406.014(g), effective 2025; older summaries citing the longer of the commission term or three years reflect the prior rule). A notary may maintain the required records electronically in a computer or other storage device (§406.014(e)). If the office becomes vacant through resignation, removal, or death, the county clerk of the county where the notary resides obtains the record books and public papers (§406.022); when a commission expires or is surrendered, turn the record book in to the county clerk and destroy the seal to prevent misuse.

Witnesses in the record. Section §406.014 requires the witness's mailing address and identification method, not the witness's signature. Most journal formats provide a signature line — use it, because a witness's own signature at the time of the act is strong evidence of appearance. Never sign for a witness, never pre-fill a witness signature, and if a witness declines to sign, record their name, address, and identification method and note in the remarks that they declined.

Keep every entry chronological, in ink, and contemporaneous. Never backdate, predate, or leave blank lines to fill in later, and never alter an entry after the fact — a contemporaneous record is your strongest protection if an act is questioned. Complete every required field, and write legibly; incomplete or illegible entries undermine the journal's evidentiary value.

Record the identifying agency and document type, never an identification, Social Security, or account number. Store the journal in a locked location when not in use, and use a bound book with sequentially numbered pages so that a missing or removed page is obvious. Keep the journal for the statute's 10-year period at minimum; retaining it permanently is the safer practice.

Electronic record books. Any notary may maintain the required records electronically (§406.014(e)), and the record must capture the same elements as a paper journal. An online notary's electronic record is governed by §406.108 and 1 TAC Chapter 87: it must be secure, include the video and audio recording of the session, be backed up, and be protected from unauthorized use — see Section 15.

Distinguish the two kinds of notarization technology. An electronic notarization is a traditional, in-person act in which the seal is electronic; it must meet all the requirements of a traditional notarization, including personal appearance, and may not be performed by video or telephone. An online notarization (RON) is performed by a commissioned online notary over two-way video and audio.

The maximum fee is set by statute (§406.024) and a notary, or the notary's employer, may charge only for an acknowledgment or other official act listed there. The statutory schedule is: protesting a bill or note for nonacceptance or nonpayment, register and seal — $4; each notice of protest — $1; protesting in all other cases — $4; certificate and seal to a protest — $4; acknowledgment or proof of a deed or other instrument in writing for registration, including certificate and seal — $10 for the first signature and $1 for each additional signature; administering an oath or affirmation with certificate and seal — $10; a certificate under seal not otherwise provided for — $10; a copy of a record or paper in the notary's office — $1 per page; taking a deposition — $1 per 100 words, plus $10 for swearing the witness to the deposition; and any notarial act not otherwise provided for — $10. A notary may charge less than the maximum, or nothing at all, but never more — charging above the maximum exposes the notary to criminal prosecution and suspension or revocation of the commission.

Certifying a copy, and copies of your own record. Certifying a copy of a non-recordable document is a certificate under seal not otherwise provided for ($10). A certified copy of a record or paper in your own notarial office — such as a journal page — is $1 per page, and you must provide it to any requester who pays the fee.

Inflation adjustment. The statute directs the Secretary of State to adjust these amounts for inflation once every five years, so confirm the current figures with the Secretary of State rather than relying on the base amounts above. An online notary may charge up to $25 for an online notarization in addition to any other authorized fee (§406.111).

Fee book, itemization, and posting (Gov't Code ch. 603). A notary who charges a fee for notarial services must keep a fee book and enter all fees charged (§603.006), must itemize or be prepared to itemize the fees charged (§603.007), and must keep a complete list of authorized fees posted at all times in a conspicuous place (§603.008). Advertising notary services in a language other than English requires the statutory notice, in that language and in English, stating that the notary is not an attorney and listing the fees a notary may charge (§406.017(b)); using "notario" or "notario publico" in advertising is prohibited.

Travel and convenience charges. Section §406.024 sets the maximum for the notarial act itself; it does not set fees for travel, mileage, after-hours or weekend service, printing, or scanning. Those may be charged separately if they are disclosed and itemized apart from the notarial fee — never as a way to collect more than the statutory maximum for the act. Quote the total, with the notarial fee broken out, before the appointment.

A notary may not: perform any notarization knowing that the signer did not personally appear (§406.0091); notarize without proper identification; take an acknowledgment in a transaction in which the notary is a party or is financially or beneficially interested; notarize without the signer's knowledge or willingness; certify a copy of a recordable document; record an identification number in the record book (1 TAC §87.40); issue an identification card (§406.016(c)); give legal advice or accept fees for legal advice (§406.016(d)); state or imply that the notary is an attorney, or use "notario" or "notario publico" in advertising (§406.017); charge more than the stated maximum fee (§406.024); provide a copy of the seal to another person or affix the seal to a document other than to authenticate an official act (§406.013(e)); or sign a certificate in a name other than the one on the commission.

Family and employer situations. The acknowledgment of an instrument cannot be taken by a notary who is a party to it or financially or beneficially interested in the transaction. The Secretary of State notes no specific prohibition on notarizing a spouse's or relative's signature or a spouse's business — the facts of each situation decide — and statutes expressly permit some employer notarizations, such as an employee of a corporation taking an acknowledgment in which the corporation has an interest (Civ. Prac. & Rem. Code §121.002). Where you would benefit from the transaction, decline and let another notary act.

A notary who is not licensed to practice law in Texas may not give legal advice or accept fees for legal advice (§406.016(d)). Under §406.017 it is an offense for a notary to state or imply that they are an attorney; to solicit or accept compensation to prepare documents for, or otherwise represent, another person in a judicial or administrative proceeding, including one relating to immigration, admission to the United States, or citizenship; to accept compensation to obtain relief for another from a state or federal officer or agency; or to use "notario" or "notario publico" in advertising. Advertising notary services in a language other than English is allowed only with a conspicuous notice, in English and in the language of the advertisement, that includes the fees a notary may charge and the statement: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." An offense is a Class A misdemeanor, a third-degree felony on a prior conviction under the section, and separately a deceptive trade practice. Offering language translation or typing services for compensation is not a violation (§406.017(a-1)).

Where the line falls. A notary may complete the notarial certificate — venue, date, signer's name, signature, and seal. A notary may not select the type of certificate, draft or alter the document's terms, or explain the document's meaning or legal effect. The Secretary of State states the point plainly: choosing a notarial certificate for a document is practicing law.

Loan signings. A Notary Signing Agent witnesses signatures, verifies identity, applies the certificate, and keeps the record — nothing more. Do not explain what a document does, advise whether to sign it, answer questions about rates, points, escrow, or closing costs, complete or correct substantive fields, choose forms, or give an opinion about the transaction. Refer those questions to the lender, title company, escrow officer, or the signer's attorney. If a signer will not proceed without legal advice, or appears to be signing under duress or without understanding, stop the signing, note what happened in the journal, and do not proceed.

Notarizing without personal appearance (§406.0091, effective September 1, 2025). A notary commits an offense by performing any notarization with knowledge that the signer, grantor, maker, or principal did not personally appear at the time the notarization was executed. The offense is a Class A misdemeanor, except that it is a state jail felony if the document being notarized involves the transfer of real property or an interest in real property. It is an affirmative defense that the person who did appear knowingly presented apparently valid proof of identification identifying them as the signer. Personal appearance means physical appearance for an in-person act, or appearance by interactive two-way video and audio conference meeting the online notarization standards.

Suspension or revocation (§406.009). The Secretary of State may reject an application or suspend or revoke a commission for good cause, including a knowingly false statement in an application, failure to comply with §406.017, a final conviction under a law regulating notaries, an administrative, criminal, or civil penalty for violating a notary's duties, performing a notarization when the person did not personally appear, and failing to maintain records under §406.014. The notary has rights of notice, hearing, adjudication, and appeal; an appeal goes to a district court in Travis County, is tried de novo, and the Secretary of State bears the burden of proof.

Removal and civil liability (§406.018). A notary guilty of wilful neglect of duty or malfeasance in office may be removed from office, and a notary indicted for and convicted of wilful neglect or official misconduct must be removed. A notary is personally liable for negligence or fraud: the bond ensures an injured party can recover up to $10,000, and the notary remains liable for the full extent of damages beyond it. Wrongful possession of the software, hardware, certificate, or seal enabling an online notary to affix an official electronic signature or seal is a Class A misdemeanor (§406.113).

Change of address (§406.019). A notary must notify the Secretary of State of a change of address not later than the 10th day after the change is made. File the change through the SOS Notary Portal or by the form the Secretary of State provides. Keeping the address current keeps renewal notices, complaints, and record requests reaching you — failing to respond can cost the commission.

Change of name. The name on a commission may be changed through the SOS Notary Portal; the filing requires a rider or endorsement from the surety bonding company showing the name change and a filing fee. You are not required to update the name, but if you do, obtain a seal showing the new commissioned name and stop using the old one.

Vacancy and surrender. A notary who removes their residence from Texas vacates the office (§406.020). If the office becomes vacant by resignation, removal, or death, the county clerk of the notary's county obtains the record books and public papers (§406.022). Surrendering a traditional commission automatically surrenders an online notary commission.

A separate commission (§406.105). An online notary public is separately commissioned by the Secretary of State and has the same authority as a traditional notary, plus the authority to perform any function under §406.016 as an online notarization (§406.106, §406.107). The application requires an x.509-compliant digital certificate and an electronic seal obtained from a third party; the Secretary of State does not recommend platforms or providers. The online notary's term runs concurrently with the traditional commission, and no additional bond is required.

Identity verification (§406.110). The notary verifies identity over two-way video and audio by personal knowledge, or by each of the following: remote presentation of a government-issued identification credential containing the person's signature and photograph, credential analysis of that credential, and identity proofing of the person. The notary must take reasonable steps to keep the communication secure from unauthorized interception, and may perform the act regardless of where the principal is physically located.

The certificate and the seal. The notarial certificate for an online notarization must include a notation that the notarization is an online notarization and must indicate whether the signature was a tangible symbol or an electronic signature (§406.110(d)). The electronic record, signature, and seal must be kept secure and under the notary's exclusive control, may be used only for online notarizations, and must be attached in a manner capable of independent verification that makes any later change evident. Report theft or vandalism to law enforcement and the Secretary of State immediately, and report loss or use by another person to the Secretary of State (§406.109).

Records (§406.108). An online notary must keep a secure electronic record containing, for each notarization: the date and time; the type of notarial act; the type, title, or a description of the document or proceeding; the printed name and address of each principal; evidence of identity (personal knowledge, the type of identification document, the verification record, or the credible witness's name and identification); a recording of the video and audio conference and the type of identification presented; and the fee charged, if any. The notary must maintain a backup protected from unauthorized use, and must keep the electronic record for at least five years after the transaction.

Tangible documents and oaths (§406.1103, §406.1107). When the principal signs with a tangible symbol rather than an electronic signature, the notary must reasonably confirm the document is the same one signed: the acknowledgment is displayed and identified to the principal during the recording, the principal signs a declaration under penalty of perjury, sends it within three days, and the notary receives it within 10 days and executes a certificate stating that the notary witnessed the principal sign by video and audio conference. An oath or affirmation may be administered as an online notarization, with the recording created and retained.

Fees and safeguards. An online notary or the notary's employer may charge up to $25 for performing an online notarization, in addition to any other fee authorized by §406.024 (§406.111). Because the signer is not physically present, watch for coercion, off-camera prompting, or screen sharing, confirm the signer appears alone and acts willingly, and decline the act if anything is irregular — online notarization relaxes none of the notary's duties. When a commission terminates, the notary must destroy the coding, disk, certificate, card, software, or password enabling the electronic signature or seal and certify compliance to the Secretary of State, unless recommissioned with the same signature and seal within three months (§406.112).

The notary is a guardian of trust in commerce. Mastery of Texas notary law, proper procedure, and record-book practice — for both traditional and online notarization — protects the public, the signer, and the integrity of every document you touch.

Keep this booklet for reference throughout your four-year term. The controlling law is Tex. Gov't Code Chapter 406, Civ. Prac. & Rem. Code Chapter 121, Gov't Code Chapter 603 for fees, and 1 TAC Chapter 87 for the Secretary of State's notary rules. Statutes and rules change with each legislative session: verify the current text before relying on any figure in this course, and consult the Texas Secretary of State's Notary Public Unit for official guidance.