A Texas Notary Public is a public officer appointed by the Secretary of State to serve as an impartial witness to the signing of important documents. This role prevents fraud and ensures the integrity of transactions by verifying the identity of the signers. The authority of a notary is derived directly from state law, which prescribes both the scope and limitations of the office. This guide provides a step-by-step overview of the process, from establishing eligibility to executing official notarial acts.
Meeting the Eligibility Requirements
Before beginning the application process, an individual must satisfy the personal qualifications established by the state legislature. Texas law mandates that every applicant must be at least 18 years of age and a legal resident of the State of Texas.
The state imposes restrictions based on criminal history to ensure the notary maintains public trust. An applicant must not have a final conviction for a felony or a crime involving moral turpitude. If such a conviction exists, the person is only eligible if the conviction has been dismissed, discharged by law, or if a full pardon has been granted.
The Application and Surety Bond Process
The administrative path begins with the formal submission of documents to the Texas Secretary of State. Applicants must complete the official Application for Appointment as Texas Notary Public. This requires providing detailed personal information, including address, county of residence, date of birth, and social security number.
A mandatory component is securing a four-year surety bond, as required by the Texas Government Code. This bond must be $10,000 and obtained from a solvent surety company authorized to conduct business in Texas. The bond protects the public against financial loss resulting from official misconduct or negligence committed by the notary. It remains in force for the entire four-year term of the commission.
Along with the application and proof of the surety bond, the applicant must pay the required state filing fee. The application also includes the execution of the Statement of Officer, which is the legal oath required by the Texas Constitution. The completed forms, fee, and bond are filed with the Secretary of State, which processes the submission and issues the commission certificate upon approval.
Obtaining Necessary Notary Supplies
Once commissioned, the new notary public must acquire the physical tools necessary to authenticate official acts. A required official seal must be used for every notarization performed on a paper document. This seal may be an inked stamp or an embosser, but it must legibly reproduce specific information: the words “Notary Public, State of Texas” displayed around a five-point star, the notary’s name as it appears on the commission, and the exact date the commission expires.
The seal is the exclusive property of the notary and must be kept secure and accessible only to the commissioned officer. Texas law also requires the notary to maintain a detailed Notary Record Book, or journal, for tracking every official act performed. The journal entry must record:
- The date and type of notarization.
- The document’s title or description.
- The name and address of the signer.
- The method used to verify the signer’s identity.
Core Duties and Prohibited Acts
The authority granted to a Texas Notary Public is specifically defined and limited to certain official acts. Primary duties include:
- Administering oaths and affirmations.
- Taking acknowledgments of written instruments.
- Protesting instruments as permitted by law.
- Taking depositions.
- Certifying copies of documents, provided the original is not a public record certifiable by a custodian (such as a county clerk).
The role of an impartial witness imposes strict prohibitions to prevent conflicts of interest and the unauthorized practice of law. A notary is forbidden from giving legal advice, preparing legal documents, or determining the required notarial act for a document. A notary must never notarize their own signature or any document in which they have a direct personal, financial, or beneficial interest. For traditional acts, the law requires the signer to be physically present and the notary must ensure satisfactory identification through personal knowledge or reliable evidence.
Maintaining and Renewing Your Commission
The commission is valid for a four-year term. Maintaining a valid commission requires adherence to administrative rules, including promptly notifying the Secretary of State of any changes to the notary’s business or residence address. A change of name requires a formal process: submitting a name change application, a $20 filing fee, and an official rider from the surety company to update the bond.
The renewal process should be initiated no earlier than 90 days before the current commission expires. To renew, the officer must submit a new application, pay the required state fee, and secure a new four-year, $10,000 surety bond. If the commission lapses before renewal is completed, the former notary must apply as a new applicant, resulting in a period where they cannot legally perform notarial acts.