New Texas Notary Law Goes into Effect on September 1, 2023

Texas House Bill 255 was passed on June 10, 2023 and will go into effect on September 1, 2023.

This new notary law allows a Texas notary to record in their notary journal, the expiration date of an identification card issued by a governmental agency (including a passport issued by the United States) if the signer, grantor, or maker of an instrument or document presents the document to the notary public as identification.

Furthermore, the law raises the maximum fees a notary is allowed to charge from $6 to $10 for:

  • Taking the acknowledgement or proof of a deed or other instrument in writing, for registration, including certificate and seal, for the first signature.
  • Administering an oath or affirmation with certificate and seal.  
  • Swearing a witness to a deposition, certificate, seal, and other business connected with taking the deposition.  
  • A certificate under seal or notarial act not provided for.  

The following maximum fees are increased from 50 cents to $1:

  • The fee for each page of a copy of a record or paper in the notary public's office.
  • The fee for each 100 words when taking the deposition of a witness.

Additionally, HB 255 ties notary fees to inflation by allowing the Texas Secretary of State to adjust the fees a notary can charge every five years. To do so, the secretary will apply the inflation rate, if any, to the current fees and amounts. This inflation rate will be determined by the comptroller using the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor.

Finally, the new law requires notaries to affix their notary seals only on documents they notarize and forbids notaries from providing any person with a copy of their notary seals.

 Click here to read the bill.

Legal Disclaimer: The American Association of Notaries seeks to provide timely articles for notaries to assist them with information for managing their notary businesses, enhancing their notary education, and securing their notary stamp and notary supplies. Every effort is made to provide accurate and complete information in the American Association of Notaries newsletters. However, we make no warrant, expressed or implied, and we do not represent, undertake, or guarantee that the information in the newsletter is correct, accurate, complete, or non-misleading. Information in this article is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding notaries' best practices, federal laws and statutes, and the laws and statutes of each state, we have gathered this information from a variety of sources and do not warrant its accuracy. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, loss, damage, or expenses, howsoever arising, including, and without limitation, direct or indirect loss or consequential loss out of or in connection with the use of the information contained in the American Association of Notaries newsletters. It is your responsibility to know the appropriate notary laws governing your state. Notaries are advised to seek the advice of their states' notary authorities or attorneys in their state if they have legal questions. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.

Texas notary bonds and errors and omissions insurance policies provided by this insurance agency, the 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.

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