Texas Notary Law.

The chapter

A Texas notary public is a public officer. The commission, the notarial act, the journal, the fees, and remote online notarization are in Government Code Chapter 406. The Secretary of State commissions notaries and takes complaints. My commission number is 135560858. It ends July 29, 2030.

Not legal advice

Government Code § 406.017 requires this notice, in conspicuous letters, where a notary advertises:

I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.

I do not draft the document, choose the form, or tell you what it means. I do not use the word notario. If you need advice about the document, ask a licensed attorney before we meet.

Personal appearance

The signer appears before me. In person, that means the signer is in the room, with a current government photo ID, and the document is complete. On a remote session, appearance is live audio-video on a Texas-approved platform. I compare the person to the identification. I do not notarize a signature for someone who is not there.

The journal

Government Code § 406.014 requires a record of each act. The entry includes the date, the signer’s name and mailing address, how the signer was identified, and a brief description of the instrument. I also record the type of act and the fee. I do not write down an identification number, and I do not take a fingerprint.

The entry is kept until the 10th anniversary of the notarization. A voided entry stays in the book, and that number is not used again. On payment of the copy fee, I provide a certified copy of the record that was requested. The journal is not the audio-visual recording, and it is not a copy of the whole document.

Fees

Government Code § 406.024 sets the maximum for the notarial act. I charge that maximum. An acknowledgment is $10 for the first signature and $1 for each additional signature. An oath or a jurat is $10. Government Code § 406.111 allows up to $25 for each online notarial act, in addition to the fee for the act itself.

Travel, time of day, location, waiting, and printing are not fees for the act. They are separate lines, and they are billed only when an act is performed. If I do not perform the act, there is no charge. The amounts are on the fee schedule.

Remote online notarization

We meet live on video. There is no travel fee, and I stay physically in Texas for the entire session. You may be elsewhere only when that act may be done online.

The session is recorded because Texas law requires it. Government Code § 406.108 requires a secure electronic record of each online notarization, and that record includes the video and audio conference used to identify the signer. The Secretary of State’s rule, 1 Texas Administrative Code § 87.41, requires the recording to show that identity proofing and credential analysis were completed, a visual check of the identification credential, and the notarial act. A traditional visit is not recorded. You cannot refuse the recording and still finish a remote session.

The recording is not the journal. The journal does not take an identification number or a fingerprint. The video will show the credential, because the rule requires me to look at it. Section 406.108 requires the electronic record, including the recording, to be kept at least five years. The person or company that will rely on the document decides whether to accept a Texas online certificate. I do not control that decision. This page is not legal advice.

Official pages

• Government Code Chapter 406 — the statute.
• Texas Secretary of State — notary public information from the commissioning office.
• Notary complaints — file a complaint about a Texas notary with the Secretary of State.