Texas’s notary system requires applicants to meet specific eligibility criteria and follow a well-defined application process. Texas also allows for remote online notarization (RON), providing notaries with the flexibility to conduct notarizations digitally. This guide will walk you through the steps to become a notary public in Texas and the process for renewing your commission, ensuring compliance with state regulations.
1. Requirements to Become a Notary in Texas
Becoming a notary public in Texas involves meeting specific eligibility criteria and completing several steps. Here's how to get started:
Eligibility Criteria
Before beginning the application process, ensure you meet the following criteria:
- You must be at least 18 years old.
- You must be a legal resident of Texas (U.S. citizenship is not required).
- You must not have been convicted of a felony or a crime involving moral turpitude unless you have received a full pardon or had your civil rights restored.
Education Requirements
Texas does not mandate any specific education or training to become a notary. However, familiarizing yourself with notary laws and procedures is highly recommended.
Step 1: Complete the Notary Application
In Texas, you can complete a notary public application either online through the Texas Secretary of State's website or by submitting a paper application. This includes providing personal information and verifying that you meet the eligibility requirements.
Step 2: Obtain a $10,000 Surety Bond
Texas requires notaries to obtain a $10,000 surety bond. This bond protects the public from any errors or misconduct during your notarial duties and must be submitted with your application. State employees are exempt from this requirement.
Step 3: Pay the Application Fees
The fee for becoming a notary in Texas is $21 for a four-year term. This fee must be submitted with your application and bond.
Step 4: Receive Your Commission Certificate
Once your application is approved, the Texas Secretary of State will issue your commission certificate, confirming your official status as a notary public.
Step 5: Take the Oath of Office
Before beginning your duties, you must take an Oath of Office. This can typically be done at your local county clerk's office.
Step 6: Purchase Your Notary Seal and Record Book
After receiving your commission certificate, you must purchase a notary seal that meets Texas's legal requirements. The seal must include your name, the words "Notary Public," "State of Texas," and your commission expiration date. You are also required to maintain a notary record book (or journal) where you document your notarial acts.
Additional Considerations
- Criminal Background: Applicants with any criminal history (except Class C misdemeanors) must disclose this information, which may lead to longer processing times.
- Errors and Omissions Insurance (E&O): While not required, notaries may choose to obtain E&O insurance for additional protection.
- County Requirements: Notaries can perform their duties anywhere in Texas, not just in their county of residence.
- Notary Handbook: The Texas Secretary of State provides a free notary public handbook, which is an excellent resource for new and renewing notaries.
Frequently Asked Questions (FAQ) For New Texas Notaries
1. Is there an exam required to become a notary in Texas?
No, Texas does not require an exam to become a notary public. However, it is highly recommended to familiarize yourself with Texas notary laws and procedures.
2. How long does it take to process a notary application in Texas?
The processing time typically ranges from 2-3 weeks after the Secretary of State's office receives your completed application, bond, and fee.
3. Can I perform notarial acts before receiving my commission certificate and seal?
No, you must wait until you receive your commission certificate and obtain your notary seal before performing any notarial acts.
4. What information must be included in my Texas notary seal?
Your seal must include your name as it appears on your commission, the words "Notary Public, State of Texas" around a five-pointed star, and your commission expiration date.
5. Are there restrictions on where I can purchase my notary supplies in Texas?
No, you can purchase your notary seal and record book from any vendor, but ensure they meet Texas state requirements.
6. Can I notarize documents for family members in Texas?
While it's not explicitly prohibited, it's generally advised to avoid notarizing documents for immediate family members to prevent potential conflicts of interest.
7. Am I required to speak and write English to be a Texas notary?
There is no specific language requirement, but you must be able to read and write English to complete the application process and perform your duties.
8. Can I perform remote online notarizations (RON) as a new Texas notary?
Yes, but you must first register as a traditional notary, then separately register for online notarization authorization with the Secretary of State. This requires completing an online notary course and using approved technology providers.
9. What should I do if I change my name or address during my commission?
You must notify the Secretary of State's office within 10 days of any change in your name, address, or county of residence.
10. Is there a limit to how much I can charge for notary services in Texas?
Yes, for most notarial acts, you can charge up to $6. For online notarizations, you can charge up to $25. Always inform your clients of the fee before performing the service.
2. Requirements for Notary License Renewal in Texas
In Texas, notary commissions are valid for four years, after which you must renew your license to continue performing notarial acts. Here’s what you need to know about renewing your commission:
Step 1: Submit Your Renewal Application
Renewal applications can be submitted online through the Texas Secretary of State or by mail. The renewal process is similar to the initial application, and you must continue to meet the eligibility requirements.
Step 2: Obtain a New $10,000 Surety Bond
Each renewal period requires securing a new $10,000 surety bond, unless you're a state employee. The bond must be submitted with your renewal application.
Step 3: Pay the Renewal Fees
The renewal fee is $21 for another four-year term, which must be submitted with your bond and renewal application.
Step 4: Update or Replace Your Notary Seal
If your notary seal has become worn or no longer meets state requirements, you will need to purchase a new one. Ensure that the updated seal reflects your renewed commission expiration date.
Step 5: Continue Maintaining Your Notary Journal
You are required to continue keeping a notary journal in Texas throughout your career as a notary.
Frequently Asked Questions (FAQ) For Renewing Texas Notaries
1. When should I start the renewal process for my Texas notary commission?
You can begin the renewal process up to 90 days before your current commission expires. It's advisable to start early to avoid any lapse in your commission.
2. What documents do I need to submit for renewal in Texas?
You need to submit a completed Form 2301 (Application for Appointment as Texas Notary Public), proof of a new $10,000 surety bond, and a $21 filing fee.
3. Do I need to purchase a new surety bond for renewal?
Yes, you must obtain a new $10,000 surety bond for each renewal period, unless you're a state employee.
4. Can I renew my Texas notary commission online?
Yes, Texas offers an online renewal process through the Secretary of State's website. This method is often faster and more convenient.
5. Do I need to retake the notary exam for renewal in Texas?
Texas does not require a notary exam for renewal. However, it's always a good idea to review current notary laws and best practices.
6. What happens if my Texas notary commission expires before I renew?
If your commission expires, you must cease all notarial activities immediately. You'll need to reapply as a new notary rather than renewing.
7. Do I need to update my notary seal when I renew?
Yes, you must purchase a new notary seal that reflects your new commission expiration date.
8. As a renewing notary in Texas, do I need to maintain my notary journal?
Yes, Texas law requires all notaries to maintain a record book (journal) of their notarial acts throughout their career, including after renewal.
Additional Resources
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Texas Secretary of State - Notary Public Page
https://www.sos.state.tx.us/statdoc/notary-public.shtml
The official source for notary public information in Texas. This page provides application forms, renewal information, and official guidelines for notaries. -
Texas Government Code - Chapter 406: Notary Public
https://statutes.capitol.texas.gov/Docs/GV/htm/GV.406.htm
The full text of Texas laws governing notaries public. This resource is essential for understanding your legal rights and responsibilities as a notary. -
Texas Notary Public Educational Information
https://www.sos.state.tx.us/statdoc/edinfo.shtml
Offers educational materials and resources directly from the Texas Secretary of State, including a handbook for Texas notaries. -
Texas Attorney General Opinions on Notary Public Issues
https://www.texasattorneygeneral.gov/opinions/categories/3296
Official legal opinions on various notary-related issues. This can help clarify complex situations you might encounter as a notary.