Becoming a Texas Notary Public is a straightforward process overseen by the Texas Secretary of State. This guide walks you through each step, from eligibility to your duties.## Eligibility RequirementsEnsure you meet these requirements from the Texas Government Code, Chapter 406:* Be at least 18 years of age.* Be a legal resident of Texas.* Not have a felony conviction (unless rights restored) or a crime of moral turpitude.* Be capable of reading and writing English.## The Application Process: A Step-by-Step GuideFollow these steps carefully:1. Complete the Official Application Form: Get the ‘Application for Texas Notary Public Appointment’ from the Texas Secretary of State’s website. Complete all sections accurately, including your legal name, addresses, date of birth, and social security number (confidential).2. Obtain a Surety Bond: Texas law requires a $10,000 surety bond to protect the public from notary negligence. Shop around for rates from authorized providers.3. File Your Application and Bond: Submit your completed application, original surety bond, and the fee to the Texas Secretary of State by mail or online.4. Receive Your Commission Certificate: If approved, you’ll receive a Commission Certificate authorizing notarial acts, specifying your commission name, number, and expiration date.5. Take the Oath of Office: Take the Oath of Office, administered by any existing Texas Notary Public or a county clerk.6. Record Your Bond and Oath (Optional, but Recommended): Record your bond and oath with the county clerk in your county of residence for public record.### Application ChecklistBefore submitting, ensure you have:* [x] Completed ‘Application for Texas Notary Public Appointment’* [x] Original $10,000 Surety Bond* [x] Filing Fee (Check or Money Order)## Fees and Costs Involved| Item | Estimated Cost ||———————–|—————-|| Application Filing Fee | $21 || $10,000 Surety Bond | $50 - $100 || Notary Seal/Stamp | $30 - $60 || Journal (Optional) | $15 - $40 || Education (Optional) | $50 - $200 || Total Estimated Cost | $166 - $421 |Note: Surety bond costs vary by credit score, and seal/stamp and journal prices vary by vendor. Education is optional but recommended.## Your Duties and Responsibilities as a Texas Notary PublicAuthorized notarial acts include:* Taking Acknowledgments: Verifying the signer’s identity and voluntary signing.* Administering Oaths and Affirmations: Swearing a person to the truth.* Taking Verifications on Oath or Affirmation (Jurat): Witnessing a signature and administering an oath.* Executing Protests: Documenting dishonor of a negotiable instrument (rare).* Certifying Copies: Attesting to true copies (limited to non-recordable documents).Adhere to Texas laws governing notarial acts to avoid legal penalties.### Key Responsibilities:* Proper Identification: Verify identity with a driver’s license, passport, or government ID.* Personal Appearance: The signer must be present.* Impartiality: You must be unbiased; do not notarize your or your spouse’s signature.* Record Keeping: Maintain a notary journal (recommended).* Proper Seal and Signature: Use your official seal and signature on every notarized document.* Awareness of Limitations: You are not an attorney and cannot give legal advice.## Maintaining Your Notary CommissionYour commission is valid for four years and requires renewal.### Renewal Process:The renewal process mirrors the initial application:1. Complete the Renewal Application: Use the ‘Application for Texas Notary Public Appointment.‘2. Obtain a Surety Bond: Secure a new $10,000 surety bond.3. File Your Application and Bond: Submit your application, bond, and fee to the Texas Secretary of State.Start the renewal process before your commission expires.## Common Mistakes to Avoid* Failing to Verify Identity: Verify the signer’s identity.* Notarizing Your Own Signature: Avoid conflicts of interest.* Notarizing Blanks: Never notarize incomplete documents.* Providing Legal Advice: Only act as a notary.* Letting Your Commission Expire: Renew on time.## Resources* Texas Secretary of State: Official information source.* Texas Government Code, Chapter 406: Texas law governing notaries public.* National Notary Association (NNA): Educational resources.* Your County Clerk’s Office: Information on recording your bond and oath.By following these steps and understanding your duties, you can become a Texas Notary Public. Stay informed and act with integrity.
Frequently Asked Questions
What type of identification is acceptable for notarization in Texas?
Acceptable forms of identification include a valid driver’s license, a passport, or a government-issued ID card that contains the signer’s photograph and signature.
Am I required to keep a journal of my notarial acts in Texas?
While not mandated by Texas law, maintaining a detailed journal of all notarial acts is highly recommended as a best practice. It provides a record of your actions and can protect you from potential liability.
Can I notarize a document for a family member in Texas?
You cannot notarize your own signature or the signature of your spouse. Notarizing for other family members may be permissible, but it’s crucial to remain impartial and unbiased to avoid any conflict of interest. If you feel that you cannot be impartial, it’s best to decline the notarization.
How early can I renew my Texas Notary Public commission?
You can renew your commission several months before it expires. Check the Texas Secretary of State’s website for specific guidelines on when you can begin the renewal process. It is best practice to start early to avoid a lapse in your commission.