Becoming a Notary Public in Texas is a straightforward process involving application, (possible) testing, bonding, and oath-taking. This guide walks you through each step, providing a comprehensive understanding of the requirements and responsibilities. The Texas Secretary of State oversees the commissioning of Notaries Public.
Becoming a Texas Notary Public: A Step-by-Step Guide
The path to becoming a Notary Public in Texas involves several key steps. New applicants must now complete a state-approved training course and pass an examination. Existing notaries renewing their commissions may not be required to retake the examination, but continuing education is highly recommended.
Meet the Eligibility Requirements: Before beginning the application process, ensure you meet the minimum requirements set by the Texas Secretary of State.
- Be at least 18 years of age.
- Be a legal resident of Texas.
- Not have been convicted of a felony or a crime involving moral turpitude, unless your civil rights have been restored.
Complete the Required Notary Public Education Course (New Applicants): As of September 1, 2023, new applicants are required to complete a six-hour education course from a state-approved provider before applying for a commission. This course covers Texas Notary laws and procedures. A list of approved providers can be found on the Texas Secretary of State’s website.
Pass the Notary Public Examination (New Applicants): Following the completion of the education course, new applicants must pass a state-approved examination. The exam tests your understanding of the laws and procedures covered in the education course.
Complete the Application Form: Obtain the official ‘Application for Texas Notary Public Commission’ form. This form is available on the Texas Secretary of State’s website or from a notary supply company. Fill out the application accurately and completely.
Obtain a Four-Year, $10,000 Surety Bond: You are required to obtain a surety bond for $10,000. This bond protects the public from any financial loss resulting from your negligence or misconduct as a Notary Public. Purchase the bond from a surety company authorized to do business in Texas. The bond must be valid for the entire four-year term of your commission.
Submit Your Application, Bond, and Filing Fee: Mail your completed application form, original surety bond, and the required filing fee to the Texas Secretary of State. As of November 2024, the filing fee is $21. Check the Secretary of State’s website for the most current fee schedule.
- Mail to: Notary Public Unit P.O. Box 13375 Austin, TX 78711-3375
Receive Your Commission Certificate: If your application is approved, the Secretary of State will issue a Certificate of Commission.
Take the Oath of Office: Within 90 days of the issuance date of your Certificate of Commission, you must take the oath of office. This oath is typically administered by a county clerk in Texas. Contact your local county clerk’s office to schedule an appointment and confirm their procedures.
Record Your Bond and Oath with the County Clerk: After taking the oath, the county clerk will record your surety bond and oath of office in the county records. This officially completes the commissioning process.
Purchase Notary Supplies (Seal/Stamp & Record Book): Although not strictly required by the Secretary of State, it’s imperative to obtain a Notary seal (stamp) and a Notary record book (journal). These tools are essential for performing your duties efficiently and maintaining accurate records of your notarial acts. The seal must contain your name, the words ‘Notary Public, State of Texas,’ and your commission expiration date.
Cost Breakdown
Here’s an approximate breakdown of the costs associated with becoming a Texas Notary Public:
| Item | Estimated Cost |
|---|---|
| Application Filing Fee | $21 |
| Surety Bond | $50 - $100 |
| Education Course (New Applicants) | $100 - $150 |
| Examination Fee (New Applicants) | $30 - $50 |
| Notary Seal/Stamp | $25 - $50 |
| Notary Record Book | $15 - $30 |
| Total (Approximate) | $241 - $401 |
Note: These are estimated costs and may vary.
Renewing Your Notary Commission
Your Texas Notary Public commission is valid for four years. To renew your commission, you must reapply before your current commission expires. The renewal process is similar to the initial application process, requiring a new application, a new surety bond, and the payment of the filing fee. Existing Notaries are not currently required to retake the education course or examination unless the Secretary of State announces changes in the future. However, completing a continuing education course is strongly advised.
Notary Public Responsibilities and Best Practices
Being a Notary Public comes with significant responsibilities. It is crucial to understand your duties and adhere to best practices to avoid legal issues.
Key Responsibilities
- Impartiality: You must act impartially and avoid notarizing documents in which you have a personal interest.
- Proper Identification: Verify the identity of the signer using acceptable forms of identification, such as a valid driver’s license or passport.
- Accurate Record Keeping: Maintain a detailed record book (journal) of all notarial acts. This journal should include the date of notarization, the type of document, the signer’s name and address, the type of identification used, and the fee charged (if any).
- Proper Notarization: Follow the correct procedures for each type of notarization, such as acknowledgments, jurats, and oaths.
- Safeguard Your Seal and Journal: Keep your seal and journal secure to prevent unauthorized use. Report any loss or theft immediately to the Secretary of State.
Common Types of Notarization
- Acknowledgment: The signer acknowledges that they signed the document voluntarily.
- Jurat: The signer swears or affirms to the truthfulness of the statements in the document in your presence. Requires an oath or affirmation.
- Oath or Affirmation: Administering an oath or affirmation, often used for depositions or affidavits.
- Copy Certification: Certifying that a copy of a document is a true and accurate copy of the original (limited circumstances where Texas Notaries can certify copies).
Avoiding Common Mistakes
- Failing to Verify Identity: Always verify the signer’s identity using acceptable identification.
- Notarizing Incomplete Documents: Never notarize a document that is incomplete or contains blanks.
- Notarizing Your Own Signature: You cannot notarize your own signature.
- Providing Legal Advice: As a Notary Public, you are not authorized to provide legal advice. Refer signers to an attorney if they have legal questions.
- Charging Excessive Fees: Adhere to the fee schedule set by the Texas Secretary of State. Charging more than the allowed fee is illegal.
Electronic Notarization (eNotarization)
Texas allows for electronic notarization (eNotarization), which involves notarizing electronic documents using digital certificates and electronic seals. To become an eNotary, you must first be a commissioned Texas Notary Public and then register with the Secretary of State as an eNotary. Additional technology requirements and security measures apply to eNotarization.
Resources and Further Information
- Texas Secretary of State, Notary Public Unit: The official source for information about Texas Notary Public laws and procedures. (sos.state.tx.us)
- National Notary Association (NNA): A professional organization that provides education, training, and resources for Notaries Public. (nationalnotary.org)
- Texas statutes and rules: You should be familiar with the Government Code sections related to notaries public and any administrative rules published by the Secretary of State.
By carefully following these steps and adhering to best practices, you can successfully become a commissioned Notary Public in Texas and provide valuable services to your community. Remember to stay informed about any changes in the laws and procedures governing Notaries Public to maintain your commission and uphold your responsibilities.
Frequently Asked Questions
What are the eligibility requirements to become a Notary Public in Texas?
To become a Notary Public in Texas, you must be at least 18 years old, a legal resident of Texas, and not have been convicted of a felony or crime involving moral turpitude (unless your civil rights have been restored).
Is training required to become a Notary Public in Texas?
Yes, as of September 1, 2023, new applicants are required to complete a six-hour education course from a state-approved provider before applying.
How much does it cost to become a Notary Public in Texas?
The estimated total cost ranges from $241 to $401. This includes the application filing fee, surety bond, education course (if applicable), examination fee (if applicable), notary seal/stamp, and notary record book.
What are the key responsibilities of a Notary Public?
Key responsibilities include acting impartially, verifying the signer’s identity, maintaining accurate records of notarial acts, following proper notarization procedures, and safeguarding your seal and journal.
Can I perform electronic notarizations (eNotarization) in Texas?
Yes, Texas allows for electronic notarization. You must first be a commissioned Texas Notary Public and then register with the Secretary of State as an eNotary. Additional technology requirements and security measures apply.