Texas laws on notaries public can be found in Sub Chapter A, Chapter 406, Title 4 of Texas Government Code.  Pursuant to Tex. Gov’t Code § 406.001, the secretary of state may appoint a notary public at any time.  The term of a notary public expires four years after the date the notary public qualifies[i].

Tex. Gov’t Code § 406.003 provides that a notary public has statewide jurisdiction.  Further, each person appointed and commissioned as a notary public[ii]:

• Should be at least 18 years of age,
• a resident of the State of Texas, and
• must not have been convicted of a felony or crime involving moral turpitude.

Each person to be appointed a notary public should submit an application to the secretary of state on a form prescribed by the secretary of state.  The application must satisfy the secretary of state that the applicant is qualified.  The application must state[iii]:

• the applicant’s name to be used in acting as a notary public;
• the applicant’s post office address;
• the applicant’s county of residence;
• the applicant’s date of birth;
• the applicant’s driver’s license number or the number of other official state-issued identification; and
• the applicant’s social security number.

Pursuant to Tex. Gov’t Code § 406.006, an individual qualifies by:

• properly completing the application form;
• executing the statement;
• providing the bond, if required;
• paying the required filing fees; and
• meeting the eligibility requirements.

Immediately after the qualification of a notary public, the secretary of state should send notice of appointment along with a commission to the notary public[iv].  The commission is effective as of the date of qualification.

Tex. Gov’t Code § 406.009 provides that the secretary of state may, for good cause, reject an application or suspend or revoke the commission of a notary public.  However, an action by the secretary of state is subject to the rights of notice, hearing, adjudication, and appeal.

Each person to be appointed a notary public should, before entering the official duties of office, execute a bond in the amount of $ 10,000 with a solvent surety company authorized to do business in the state of Texas as a surety[v].  The bond must be approved by the secretary of state, payable to the governor, and conditioned on the faithful performance of the duties of office.

All records concerning the appointment and qualification of the notary public should be kept in the office of the secretary of state[vi].  The records are public information.

A notary public should 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 public’s name, and the date the notary public’s commission expires[vii].  The notary public should authenticate all official acts with the seal of office.

A notary public other than a court clerk notarizing instruments for the court should keep in a book a record of[viii]:

• the date of each instrument notarized;
• the date of the notarization;
• the name of the signer, grantor, or maker;
• the signer’s, grantor’s, or maker’s residence or alleged residence;
• whether the signer, grantor, or maker is personally known by the notary public, was identified by an identification card issued by a governmental agency or a passport issued by the U.S., or was introduced to the notary public and, if introduced, the name and residence or alleged residence of the individual introducing the signer, grantor, or maker;
• if the instrument is proved by a witness, the residence of the witness, whether the witness is personally known by the notary public or was introduced to the notary public and, if introduced, the name and residence of the individual introducing the witness;
• the name and residence of the grantee;
• if land is conveyed or charged by the instrument, the name of the original grantee and the county where the land is located; and
• a brief description of the instrument.

Tex. Gov’t Code § 406.016 provides that a notary public has the same authority as the county clerk to:

• take acknowledgments or proofs of written instruments;
• protest instruments permitted by law to be protested;
• administer oaths;
• take depositions; and
• certify copies of documents not recordable in the public records.

Pursuant to Tex. Gov’t Code § 406.017, a person commits an offense if the person is a notary public and the person:

• states or implies that the person is an attorney licensed to practice law in this state;
• solicits or accepts compensation to prepare documents for or otherwise represent the interest of another in a judicial or administrative proceeding, including a proceeding relating to immigration to the U.S., U.S. citizenship, or related matters;
• solicits or accepts compensation to obtain relief of any kind on behalf of another from any officer, agency, or employee of this state or the U.S.;
• uses the phrase notario or notario publico to advertise the services of a notary public, whether by signs, pamphlets, stationery, or other written communication or by radio or television; or
• advertises the services of a notary public in a language other than English, whether by signs, pamphlets, stationery, or other written communication or by radio or television, if the person does not post or otherwise include with the advertisement a notice stating that the notary public is not an attorney.

A notary public guilty of willful neglect of duty or malfeasance in office may be removed from office in the manner provided by law[ix].

Tex. Gov’t Code § 406.019 provides that a notary public should notify the secretary of state of a change of the notary public’s address not later than the tenth day after the date on which the change is made.  Also, a notary public who removes his/her residence from this state vacates the office[x].

[i] Tex. Gov’t Code § 406.002.

[ii] Tex. Gov’t Code § 406.004.

[iii] Tex. Gov’t Code § 406.005.

[iv] Tex. Gov’t Code § 406.008.

[v] Tex. Gov’t Code § 406.010.

[vi] Tex. Gov’t Code § 406.012.

[vii] Tex. Gov’t Code § 406.013.

[viii] Tex. Gov’t Code § 406.014.

[ix] Tex. Gov’t Code § 406.018.

[x] Tex. Gov’t Code § 406.020.