Page Summary
- Texas notary law is mainly in Government Code Chapter 406 and is administered by the Texas Secretary of State.
- Texas notaries must be 18 or older, Texas residents, bonded for $10,000, and must use a star seal and keep a record book for every act.
- Since SB 693 (effective September 1, 2025), notarizing without the signer personally present is a crime, and a Secretary of State education course is required for applications from January 1, 2026.
- Tennessee rules differ, including county election, a circular seal with no black or yellow ink, and “reasonable” fees, and a Texas commission cannot be used in Tennessee.
- In the Chattanooga area, Priority Mobile Notary can notarize your documents in person. Call (423) 401-8316.
Texas notary laws define who can become a notary, what powers they have, and how they must carry out notarial acts. These laws are primarily found in the Texas Government Code and related administrative rules, and they are interpreted and administered by the Texas Secretary of State.
Understanding the basics helps both notaries and signers know what to expect from a lawful Texas notarization.
Qualifications and Commissioning
To become a Texas notary public, an applicant must meet criteria such as being at least 18 years old, a Texas resident, and not having certain disqualifying criminal convictions.
Applicants obtain a notary surety bond from an approved bonding company and submit an application and fee through the Texas Secretary of State, often via the SOS online portal.
Scope of Authority
Texas notaries are authorized to perform acts such as acknowledgments, jurats, oaths and affirmations, and certain copy certifications (subject to state limitations).
They must act within the geographic boundaries of Texas and may not use their Texas commission to notarize in other states unless separately commissioned there.
Core Legal Duties
Under Texas law, notaries must:
- Verify the identity of signers using acceptable identification or personal knowledge.
- Ensure the signer appears in person (or via an approved remote method if applicable) and is willing and aware.
- Complete notarial certificates accurately with the correct venue, date, and details.
- Use a seal that meets Texas requirements and safeguard their seal and records.
They must not provide legal advice unless separately licensed as attorneys and must remain impartial, avoiding conflicts of interest.
Recordkeeping and Misconduct
Texas may require notaries to keep records of certain notarial acts, and notaries can face disciplinary action for misconduct, including fraud, failure to follow identification rules, or misuse of their seal.
Penalties can include commission revocation, civil liability, and in serious cases, criminal charges.
Why Signers Should Care About Texas Notary Laws
For signers, knowing the basics of Texas notary laws helps you recognize legitimate practices (like ID checks and refusal to notarize incomplete documents) and spot potential red flags.
If a notary in Texas is willing to skip identification, notarize without you present, or back‑date certificates, that may violate state law and could jeopardize the validity of your document.
Learning More or Becoming a Notary
The Texas Secretary of State’s website provides official application instructions and legal references for notary law, including requirements for surety bonds and disclosures about criminal history.
Educational resources from national organizations and private providers can also help Texas notaries understand best practices beyond the minimum legal requirements.
Key Texas Statutes at a Glance
Most Texas notary law is in Government Code Chapter 406. These are the sections people look up most often:
| Section | What it covers |
|---|---|
| § 406.004 | Eligibility: at least 18, a Texas resident, and no felony or crime involving moral turpitude |
| § 406.006 | Notary education requirement before appointment |
| § 406.010 | $10,000 surety bond |
| § 406.013 | Seal: “Notary Public, State of Texas” around a five-pointed star, name, ID number and expiration date |
| § 406.014 | Record book entries, such as the date, the signer’s name and address, how identity was verified, and a description of the document |
| § 406.024 | Maximum fees, for example $10 for the first signature on an acknowledgment and $1 for each additional signature |
What Changed in 2025 and 2026
Senate Bill 693 took effect September 1, 2025, and brought two major changes:
- Mandatory education. New and renewing notaries must complete the Secretary of State’s own course, which is no more than two hours long. The Secretary of State applies this to applications submitted on or after January 1, 2026.
- A new criminal offense. Notarizing a document for someone who did not personally appear is a Class A misdemeanor, or a state jail felony if the document transfers real property.
These changes make identity checks and in-person appearance even more important for Texas notaries and signers.
How Tennessee Compares
Rules vary by state, and Tennessee takes a different approach on several points:
- Tennessee notaries are elected by the county commission and apply through the county clerk. Texas notaries apply to the state.
- Tennessee seals are circular and show the notary’s county. The ink cannot be black or yellow.
- Tennessee lets notaries charge “reasonable fees” (Tenn. Code Ann. § 8-21-1201) and does not set a per-act schedule like Texas does, except for online notarizations.
- Both states require a $10,000 bond and a four-year commission.
A Texas notary cannot notarize in Tennessee on a Texas commission. If a Texas document needs to be signed here, a Tennessee notary can usually notarize it using Tennessee procedures. Our guide on Texas notaries and out-of-state documents explains how cross-state paperwork generally works. For signers in Chattanooga, Hixson and the rest of the Hamilton County area, Priority Mobile Notary can come to your location to complete it.
Frequently Asked Questions
Where are Texas notary laws found?
Mainly in Chapter 406 of the Texas Government Code, together with the Secretary of State’s administrative rules in Title 1 of the Texas Administrative Code.
Can a Texas notary notarize without the signer present?
No. A traditional notarization requires the signer to personally appear. Since SB 693 took effect on September 1, 2025, notarizing for someone who is not personally present is a criminal offense in Texas. Online notarization is a separate commission with its own rules.
Do Texas notaries have to keep a journal?
Yes. Government Code § 406.014 requires a record book whether or not the notary charges a fee. Entries are public information.
Are Tennessee notary laws the same?
No. Tennessee has its own statutes in Title 8, Chapter 16 of the Tennessee Code Annotated, with different seal, bond and application rules. Rules vary by state.
Signing a Texas document while you are in Tennessee? Call Karen at (423) 401-8316 or request an appointment online.
