Texas Notary Laws Summary

Abbreviation: Tex., TX   |   28th State   |   Statehood: December 29, 1845   |  
Eligibility:
All applicants must meet all of the requirements listed below:
  • Be 18 years or older
  • Be a legal resident of Texas
  • Not have been convicted of a felony or crime involving moral turpitude
 
Qualification:
In order to receive a notary public commission, a person must:
  • Meet the eligibility requirements
  • Properly complete and submit a notary application form to the Secretary of State with a filing fee of $21, along with a $10,000 bond. Click here to download the application forms -
    http://www.sos.state.tx.us/statdoc/index.shtml
 
Non-Residents:
Permitted. An out-of-state title insurance escrow officer may hold a license and operate as a notary public in .
 
Bond:
A bond in the amount of $10,000 is required for new and renewing notaries public. Notaries employed may secure their bond from the State Office of Risk Management. Please visit www.texasnotary.com.
 
Errors & Omissions Insurance:
Although insurance is optional, the American Association of Notaries recommends that Texas notaries insure themselves against claims of negligence through Errors and Omission insurance. Visit the American Association of Notaries’ website at www.texasnotary.com for more information.
 
Filing Fee:
A $21 filing fee is required for new and renewal notary applications.
 
Term:
4 years.
 
Jurisdiction:
Statewide.
 
Appointment:
Secretary of State
Notary Public Unit
PO Box 13375
Austin, Texas 78711-3375
512-463-5705
http://www.sos.state.tx.us/statdoc/index.shtml
 
Renewal:
A notary may apply 90 days before the commission expiration date by completing a renewal application form.
 
Education/Testing:
None Required.
 
Notary Seal:
Required.

Type – embosser or rubber-inked stamp

Ink color – any color as long as the seal can be reproduced under photographic methods.

Shape – round or Rectangular

Dimensions – a circular form not more than two inches in diameter, or a rectangular form not more than one inch in width and 2 ½ inches in length

Required elements - notary's name, commission expiration date, and the words "Notary Public" and "State of " around a star of five points. The notary seal must have a serrated or milled edge border.

An employer may not retain the notary records and/or seal of an employee who is a notary public upon termination of employment.

 
Record Book:
Required. For notary supplies contact the American Association of Notaries by calling 800.721.2663 or visiting our website at www.usnotaries.com.
 
Notary Fees:
Notary fees are set by state law. A notary public is allowed to charge for each notarial act, but not more than:
  • Acknowledgments $6.00
  • Oaths or affirmations $6.00
  • Jurats $6.00
  • Copy certification $6.00
  • Deposition $0.50 per 100 words
  • Uncertified copy of notary journal $.50
 
Authority:
Texas notary has the authority to:
  • Take acknowledgments
  • Administer oaths or affirmations
  • Protests instruments
  • Take depositions
  • Certify copies of non-recordable documents
 
Address Change:
Required. A notary public shall notify the Secretary of State of a change of the notary's address not later than the 10th day after the date on which the change is made. To download the Notary Public Change of Address form, go to http://www.sos.state.tx.us/statdoc/statforms.shtml#NPUF.
 
Name Change:
Optional. notaries must notarize under their commissioned names. To download the Application for Change of Name as Notary Public form to change a notary's name, go to http://www.sos.state.tx.us/statdoc/statforms.shtml#NPUF.
 
Death/Resignation/Removal:
A written notification must be provided to the Secretary of State if any of these significant events occurs during the current term of the commission. The notary record books must be deposited with the county clerk of the county in which the notary public resided. The notary seal must be destroyed.
 
Prohibited Acts:
A notary public may not:
  • Prepare, draft, select, or give advice concerning legal documents
  • Perform acts which constitute the practice of law
  • Use the phrase "notario" or "notario publico" to advertise notary services
  • Overcharge for notary services
  • Notarize a document without the signer being in the notary's presence at the time of the notarization
  • Notarize his or her signature
  • Issue identification cards
  • Sign a notarial certificate under any other name than the one under which the notary was commissioned
  • Certify copies of documents recordable in the public records
 
Criminal Offense:
Notaries public who commit official misconduct may be subject to criminal liability, which may include the revocation of their notary public commissions.
 
Notarial Certificates:
Click here to view your state's notarial certificates.

Revised: September 2009

Texas Notary Bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company (established 1900). American Association of Notaries is owned by Kal Tabbara, a licensed insurance agent in Texas.