Texas Notary Public Requirements Overview
Great news if you want to become a notary in Texas: Texas does NOT require a notary exam. Unlike states such as California, New York, and Colorado that mandate written tests, the Lone Star State allows you to become a commissioned notary public without passing any examination.
Your path to a Texas notary commission goes directly through the Texas Secretary of State and involves meeting basic eligibility requirements, obtaining a surety bond, and submitting your application.
Texas Notary Requirements at a Glance
| Requirement | Details |
|---|---|
| Exam Required | No |
| Education Required | No |
| Minimum Age | 18 years old |
| Residency | Texas resident |
| Surety Bond | $10,000 |
| Commission Term | 4 years |
| Filing Fee | $21 |
| Maximum Fee per Act | $6 |
| Governing Law | Texas Government Code Chapter 406 |
Why Become a Texas Notary?
- No exam required -- One of the easiest states to get commissioned
- Huge market -- Nearly 30 million residents, second-largest state
- Low startup cost -- Bond and filing fees total under $100
- Remote notarization -- Texas authorizes RON (Remote Online Notarization)
- Flexible income -- Mobile notary and signing agent opportunities
- Quick turnaround -- Commission can be obtained in weeks
Eligibility Requirements
To become a notary public in Texas, you must meet all of the following requirements:
Basic Qualifications
- Age: Must be at least 18 years old
- Residency: Must be a legal resident of the State of Texas
- Language: Must be able to read and write English
- Criminal History: Must not have been convicted of a felony (unless pardoned or civil rights have been restored)
There is no education or training course required by the State of Texas to become a notary. However, investing in a voluntary notary education course is highly recommended to avoid costly mistakes, especially if you plan to handle real estate closings or legal documents.
Step-by-Step Application Process
Step 1: Obtain a $10,000 Surety Bond
Before applying, you must secure a $10,000 surety bond from an authorized surety or insurance company. This bond protects the public against any financial harm caused by errors or misconduct during notarial acts.
Bond cost: Typically $40--$100 for a 4-year term, depending on your credit history.
Step 2: Complete the Application
Submit your application to the Texas Secretary of State. You can apply online through the Secretary of State's website or by mail. The application requires:
- Full legal name
- Residential address in Texas
- Date of birth
- Statement of eligibility
- Original surety bond
Step 3: Pay the Filing Fee
The filing fee is $21, payable to the Texas Secretary of State. Online applications accept credit card payments.
Step 4: Receive Your Commission
Once approved, the Secretary of State will issue your notary commission certificate. The commission is valid for 4 years from the date of issuance.
Step 5: Obtain Your Notary Seal/Stamp
Before performing any notarial acts, you must purchase a notary seal or rubber stamp that meets Texas requirements.
Step 6: Take the Oath of Office
You must take an oath of office before a person authorized to administer oaths. File the oath with the county clerk in the county where you reside.
Texas Notary Seal Requirements
Texas law specifies exactly what must appear on your official notary seal or rubber stamp:
| Seal Element | Requirement |
|---|---|
| Notary Name | Your full name as commissioned |
| Title | "Notary Public, State of Texas" |
| Commission Expiration | Your commission expiration date |
| Format | Rubber stamp (ink stamp) |
The seal impression must be clear and legible on every document you notarize. Many notaries also choose to include their commission number, though it is not required.
Texas Notary Fee Schedule
Texas sets one of the lowest maximum notary fees in the nation:
| Service | Maximum Fee |
|---|---|
| Acknowledgment | $6 per signature |
| Jurat (sworn statement) | $6 per signature |
| Oath or affirmation | $6 |
| Protest of negotiable instrument | $4 |
| Copy certification | $6 |
| Any other notarial act | $6 |
Important: Charging more than the statutory maximum is a violation of Texas law and can result in commission revocation.
Texas-Specific Rules You Must Know
Notarios Publicos Warning
Texas has a unique requirement related to advertising. If you advertise your notary services in a language other than English (most commonly Spanish), you must include a specific disclaimer:
"I am not an attorney licensed to practice law in Texas and may not give legal advice or accept fees for legal advice."
This disclaimer must appear in both English and the non-English language used in the advertisement. The term "notario publico" in many Latin American countries refers to a licensed attorney, and Texas law protects consumers from confusion.
Failure to include this disclaimer is a criminal offense under Texas Government Code Section 406.017.
Remote Online Notarization (RON)
Texas was one of the early adopters of Remote Online Notarization. Texas-commissioned notaries can perform notarial acts using audio-video communication technology, provided they:
- Register with the Secretary of State as a RON notary
- Use an approved technology platform
- Verify signer identity through knowledge-based authentication or credential analysis
- Create an audio-video recording of the session
- Maintain records for at least 5 years
Journal Requirements
Texas does not require notaries to maintain a journal by law. However, keeping a detailed journal of all notarial acts is strongly recommended by the National Notary Association and legal professionals. A journal protects you by creating a record of every transaction.
Recommended journal entries include:
- Date and time of the notarial act
- Type of document notarized
- Type of notarial act performed
- Signer's name and identification
- Fee charged
Renewal Process
Your Texas notary commission expires after 4 years. To renew:
- Apply for a new commission -- Texas treats renewal as a new application
- Obtain a new $10,000 surety bond -- Your old bond expires with your commission
- Pay the $21 filing fee again
- Submit your application before your current commission expires
- Take a new oath of office and file it with your county clerk
Tip: Start the renewal process at least 30 days before your commission expires to avoid any gap in service.
Penalties for Notary Misconduct
Texas takes notary misconduct seriously. Violations can result in:
| Offense | Potential Penalty |
|---|---|
| Performing acts without commission | Class A misdemeanor |
| Charging excessive fees | Commission revocation |
| Failure to post notarios disclaimer | Criminal offense |
| Notarizing without signer present | Commission revocation, civil liability |
| Fraud or forgery | Felony charges |
| Falsifying a notarial certificate | Criminal prosecution |
The Secretary of State has the authority to revoke, suspend, or refuse to renew any notary commission for misconduct.
Cost Breakdown: Becoming a Texas Notary
| Expense | Estimated Cost |
|---|---|
| Surety bond ($10,000) | $40--$100 |
| Filing fee | $21 |
| Notary seal/stamp | $15--$40 |
| Optional education course | $0--$75 |
| Total | $76--$236 |
Texas is one of the most affordable states to become a notary public, especially since there is no mandatory education course or exam fee.
Tips for New Texas Notaries
1. Invest in Education Anyway
Even though Texas does not require training, a notary education course helps you avoid mistakes that could result in lawsuits or commission revocation. Many providers offer online courses for $30--$75.
2. Keep a Journal
Although not legally required, a journal is your best defense against disputes. If someone claims you did not properly perform a notarial act, your journal entry is your evidence.
3. Understand Document Types
Learn the difference between acknowledgments, jurats, oaths, and copy certifications. Performing the wrong type of notarial act can invalidate an entire transaction.
4. Know Your Limits
As a Texas notary, you cannot:
- Give legal advice
- Prepare legal documents
- Notarize your own signature
- Notarize documents when you have a financial interest
- Notarize a document if the signer is not present
5. Consider Becoming a Signing Agent
Texas has a massive real estate market. Becoming a notary signing agent (who handles mortgage loan closings) can significantly increase your earning potential beyond the $6 per act limit for standard notarial services.
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