Key Takeaways
- SB693 creates a NEW criminal offense for notarizing without personal appearance
- The offense is a Class A misdemeanor, escalating to state jail felony for real estate documents
- Notaries cannot give legal advice or prepare legal documents
- Cannot notarize documents where you have a financial interest
- Using "notario" to imply legal authority is illegal
Last updated: January 2026
Prohibited Acts and Penalties
Texas law strictly prohibits certain actions by notaries. SB693 significantly enhanced penalties, including creating a NEW criminal offense for improper notarizations.
NEW Criminal Offense (SB693)
Senate Bill 693 created a serious criminal offense under Government Code § 406.0091:
| Offense | Classification |
|---|---|
| Notarizing when signer did NOT personally appear | Class A misdemeanor |
| Same offense involving real property documents | State jail felony |
Class A Misdemeanor
- Up to 1 year in jail
- Up to $4,000 fine
- Both jail and fine possible
State Jail Felony (Real Estate)
- 180 days to 2 years in state jail
- Up to $10,000 fine
- Felony record
Affirmative Defense
There IS an affirmative defense if:
- Signer personally appeared
- Signer presented apparently valid ID
- Signer was committing identity fraud
- Fraud could not be detected at time of notarization
Conflict of Interest Prohibitions
| Prohibited | Why |
|---|---|
| Notarizing your own signature | Self-dealing |
| Notarizing for spouse | Close relationship |
| Documents where you have financial interest | Conflict |
| Documents where you're named party | Interest in transaction |
Unauthorized Practice of Law
| Prohibited | Allowed |
|---|---|
| Giving legal advice | Explaining your notary role |
| Selecting document type | Asking what notarization needed |
| Explaining legal effects | Reading document titles |
| Preparing legal documents | Completing notarial certificates |
The "Notario" Problem
| Prohibited | Penalty |
|---|---|
| Advertising as "notario" | Criminal charges |
| Implying legal authority | Commission revocation |
| Immigration assistance (unauthorized) | Federal charges possible |
Other Prohibited Acts
| Prohibition | Details |
|---|---|
| Notarizing incomplete documents | Blanks must be filled |
| Backdating notarizations | Date must be actual |
| Using expired commission | Cannot notarize |
| Exceeding fee maximums | $6 first signature, $1 additional |
| Refusing based on protected characteristics | Discrimination |
SB693 Enhanced Grounds for Revocation
"Good cause" for revocation now includes:
| Ground | Details |
|---|---|
| Failure to maintain records | Journal required |
| Failure to maintain records for 10 years | Extended retention |
| Knowingly notarizing without appearance | Criminal offense |
| Violation of notary laws | Any provision |
On the Exam
Prohibited act questions focus on:
- NEW criminal offense: Notarizing without personal appearance
- Real estate escalation: State jail felony
- Conflict of interest: Cannot notarize own signature
- Legal advice: Strictly prohibited
- "Notario": Cannot use this term
Test Your Knowledge
Under SB693, what is the criminal classification for notarizing a document when the signer did NOT personally appear?
A
B
C
D
Test Your Knowledge
If a Texas notary improperly notarizes a deed without the signer appearing, what is the criminal classification?
A
B
C
D