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Notary Requirements for Texas: 2025 Updated

by Ben Camerota
big bend national park in texas

This guide outlines the requirements and procedures for becoming and renewing as a Notary Public in Texas, effective May 2025. It covers eligibility, application, renewal, required tools, remote online notarization (RON), duties, fees, and common questions, referencing Texas Secretary of State (SOS) guidelines and state law.

Eligibility Requirements for Texas Notaries

To qualify for a Texas notary commission, you must:

  1. Age: Be at least 18 years old.

  2. Residency: Be a legal resident of Texas. (Moving out of state invalidates the commission).

  3. Criminal History: Have no final conviction for a felony or a crime involving moral turpitude. The SOS conducts a background check.

(U.S. citizenship is not required, but Texas residency is mandatory).

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Application Process to Become a Notary Public

The Texas SOS oversees commissions, primarily through its online Notary Portal.

  1. Obtain $10,000 Surety Bond: Purchase a four-year, $10,000 surety bond from a company licensed in Texas. This bond protects the public from notary errors.

  2. Complete Notary Application: Submit the application via the SOS Notary Portal (or through your bonding agency). Provide personal details (name, address, DOB, ID numbers, SSN) and disclose any relevant criminal history. Agree to the included Statement of Officer (oath).

  3. Pay State Fees: Pay the $21 state fee ($10 commission, $10 bond filing, $1 archive fee) plus any online processing charges. Bonding agencies may bundle fees.

  4. Receive Commission Certificate: Upon SOS approval, your commission certificate will be available for download via the Notary Portal.

  5. Take Oath of Office: Before notarizing, you MUST take the oath printed on your certificate. Sign it in the presence of another authorized official (like a notary) who will notarize your signature. Keep the signed certificate for your records; do not file it with the SOS or county.

  6. Obtain Notary Seal and Record Book: Purchase your required tools (see below).

  7. Begin Notary Duties: Once commissioned and sworn in, you can notarize anywhere in Texas.

  • State Employee Notaries: Different rules apply (bond exemption, specific application form, notarizing only for official duties). Contact SOS for details.

Commission Term and Expiration

  • Term: 4 years from the date of qualification (oath taken).

  • Expiration Date: Listed on your commission certificate and seal.

  • Jurisdiction: Statewide within Texas only.

  • Address Changes: Notify the SOS via the Notary Portal within 10 days of moving.

  • Name Changes: Update officially via the SOS portal (requires bond rider, $20 fee). See FAQ.

Commission Renewal Process

Renewal is required every four years and follows the same basic steps as the initial application.

  1. When to Renew: Apply via the SOS Notary Portal up to 90 days before expiration. Allow 4-6 weeks for processing to avoid a lapse.

  2. How to Renew: Obtain a new $10,000 bond for the new term, complete a new application online, and pay the state fees ($21+).

  3. New Commission/Oath: Receive a new electronic commission certificate and take the oath again for the new term.

  4. Lapse: No grace period. If expired, you cannot notarize until a new commission is issued and the oath is taken. The new term starts from the new qualification date.

  5. Optional Education: No exam/education required, but SOS online training is recommended.

Required Notary Tools & Supplies

Texas law mandates these tools:

  • Official Notary Seal: Required for all notarizations. Must be an inked stamp (preferred for photocopying) or embosser containing:

    • Your commissioned name

    • "Notary Public, State of Texas"

    • A five-point star

    • Your Notary ID number

    • Your commission expiration date

    • Must have a serrated or milled border (circular or rectangular).

    • Must be kept secure and under your exclusive control. Report loss/theft immediately. see FAQ.

  • Notary Record Book (Journal): Required. Must be a secure, bound physical book or tamper-evident electronic log. Record for each act:

    • Date of notarization & document date

    • Document type/description

    • Signer's name and address

    • How signer was identified (ID type, personal knowledge, credible witness details)

    • Keep secure. Provide certified copies upon request (fee allowed). Report loss/theft. see FAQ.

Optional but Recommended: Notarial certificate forms (if not on document), inkless thumbprint pad, fee schedule, carrying case.

Notary Bond and Insurance

  • $10,000 Surety Bond (Mandatory): Required for application. Protects the public. If the surety pays a claim, they seek reimbursement from the notary.

  • Errors & Omissions (E&O) Insurance (Optional): Highly Recommended. Protects the notary against claims of errors or negligence, covering defense costs and damages up to policy limits. Distinct from the bond.

Oath of Office and Commission Certificate

  • Electronic Certificate: Downloaded from the SOS portal upon approval.

  • Taking the Oath: Sign the oath section on the certificate before another authorized official who notarizes your signature.

  • Keep for Records: Do not send the signed oath to the SOS or county clerk.

Remote Online Notarization (RON) in Texas

Texas allows commissioned notaries to obtain an additional authorization to perform notarizations remotely via audio-video technology (since July 2018).

  • Online Notary Public: A traditional notary with RON authorization. Commission expires concurrently with the traditional one.

  • Becoming an Online Notary:

    • Hold a current traditional Texas notary commission.

    • Apply via the SOS Notary Portal ($50 fee).

    • Obtain an X.509 compliant digital certificate and an electronic seal before applying. Provide proof with the application.

    • No additional bond required (the $10k bond covers RON).

  • Technology Requirements: Use an SOS-approved RON platform providing:

    • Secure, real-time two-way audio-visual communication.

    • Identity proofing via credential analysis (ID scan) AND knowledge-based authentication (KBA questions).

    • Ability to record the session.

  • Record Keeping: Maintain an electronic journal AND the audio-video recording of each RON session for at least 5 years.

  • Process: Notary (in TX) and signer (anywhere) connect via video. Signer signs electronic documents electronically. Notary attaches electronic seal and digital certificate.

    • New (2024): Procedure exists to notarize tangible (paper) documents remotely via RON platform (signer signs declaration & doc on camera, mails originals to notary for completion).

  • Fees: Can charge up to $25 in addition to the standard notary fee per online notarization.

Responsibilities and Restrictions for Texas Notaries

  • Impartiality: Act as a neutral witness. Avoid conflicts of interest (notarizing own signature, documents where you benefit). Use caution with family members.

  • Personal Appearance: Signer must physically appear (traditional) or appear via live audio-video link (RON). No notarizing absent signers.

  • Identify Signers: Use personal knowledge, current government-issued ID, or a credible witness. Record method in journal.

  • Complete Certificates: Ensure proper Texas notarial wording is used and fully completed. Sign/seal only after performing the act.

  • No Blank Documents: Do not notarize incomplete documents.

  • Maintain Journal: Required by law. Make entries promptly.

  • Unauthorized Practice of Law (UPL): CRITICAL. Cannot give legal advice, draft documents, or choose certificate types for signers. Must include specific disclaimer ("I am not an attorney...") if advertising in languages other than English (especially using "Notario Público"). Severe penalties for UPL.

  • Employer Policies: Employers may restrict on-the-job notarizing but cannot confiscate your seal/journal. Fees collected at work may belong to the employer per agreement.

  • Seal/Journal Security: Your personal responsibility.

  • Prohibited Acts: Cannot certify copies of vital records (birth/death certs); cannot perform marriages.

  • Fees: Do not exceed state maximums.

Fees Allowed for Notary Services in Texas (Gov't Code §406.024)

  • Acknowledgments/Proofs: $10.00 first signature, $1.00 each additional signature (same doc).

  • Oaths/Affirmations (Jurats): $10.00.

  • Other Certificates w/ Seal: $10.00.

  • Copies from Record Book: $1.00 per page (+ $10 if certified).

  • Protests: $4.00 + $1.00 per notice.

  • Depositions: $10.00 (swearing witness/cert) + $1.00 per 100 words.

  • Travel Fees: Not set by state; negotiable private arrangement in addition to notary fees.

  • RON Fees: Up to $25 extra per online notarization, plus the standard fee.

  • State employees notarizing for work cannot charge fees.

Frequently Asked Questions (FAQ)

Q: What do I do if I lose my notary seal or record book?

A: Immediately report lost or stolen materials via the SOS Notary Portal. Provide details of the loss. If stolen, also file a police report and upload it to the SOS. Obtain a new seal and/or journal before resuming notarizations. Note the loss in your new journal.

Q: How can I change the name on my Notary Public commission?

A: Submit a name change request via the SOS Notary Portal. You'll need a rider from your surety bond company reflecting the new name and must pay a $20 filing fee. Once approved, obtain a new seal with the updated name. Using the updated name is highly recommended for consistency.

Q: My commission expired before I renewed. Can I still renew or do I have to start over?

A: You must apply for a new commission; there's no "renewal" after expiration. Follow the initial application steps (new bond, application, fee, oath). You cannot notarize during the lapse. Stop notarizing immediately upon expiration and resume only after qualifying under the new commission. Destroy your old seal.

Q: What fees can I charge for my notary services?

A: Maximums are set by state law (see Fees section): $10 for most standard acts (first signature), $1 for additional signatures, up to $25 extra for RON. Travel fees are negotiable. Do not exceed legal limits. Disclose fees upfront.

Q: Can I still notarize if my identification (ID) or commission name is slightly different?

A: Your commission name should match your signature/seal. Update your commission after a legal name change. For identifying signers, their ID must be current/unexpired and reasonably match the name on the document. Use judgment for minor variations, but ensure you're confident of identity. Expired IDs are not acceptable.

Q: What if someone asks me to notarize an I-9 employment eligibility form?

A: Do not notarize Form I-9. It does not have a notarial certificate. You can act as an employer's authorized representative to complete Section 2 (reviewing documents), but this is not a notarial act (no seal/journal entry needed for this specific task). Clarify you are acting as an agent, not a notary.

Q: Can a Texas notary notarize out-of-state documents or for signers from other states?

A: Yes, provided the notarization takes place within Texas (signer physically present, or via RON with notary in TX). The document's origin or destination state doesn't matter. You cannot perform notarizations while physically outside Texas.

Q: What records do I need to keep, and do I send any reports to the state?

A: Keep your notary journal(s) securely. Online notaries also keep electronic journals and video recordings (5-year minimum). No periodic reports are sent to the state. Provide copies from your journal only upon proper request/subpoena. Retain journals at least for your commission term, longer is advisable (e.g., 5-7 years after last entry). The SOS does not collect journals upon normal expiration.

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