Key Takeaways
- Texas notaries are commissioned by the Secretary of State to serve as impartial witnesses
- The primary purpose is to deter fraud by verifying signer identity
- Texas notaries have statewide jurisdiction throughout the entire state
- Commissions are valid for 4 years and require a \$10,000 surety bond
- As of January 1, 2026, ALL new and renewing notaries must complete mandatory education per SB693
Overview of the Texas Notary Public Role
Consider this scenario: A buyer is purchasing a $500,000 home in Houston. Documents need signatures verified to ensure the person signing is actually the property owner. How does the title company know they're dealing with the legitimate parties?
This is your role as a Texas notary public: a state-commissioned, impartial witness who helps prevent fraud by verifying the identity of document signers. In Texas, where real estate and oil & gas transactions are major industries, notaries play a critical role in protecting the public.
What Is a Texas Notary Public?
A Texas notary public is a public servant appointed by the Texas Secretary of State under Texas Government Code Chapter 406. As a notary, you are:
| What You Are | What You Are NOT |
|---|---|
| State-commissioned public servant | Government employee |
| Impartial witness to signatures | Party to any transaction |
| Identity verifier | Document content verifier |
| Fraud deterrent | Legal advisor or attorney |
| Statewide jurisdiction | Limited to one county |
Authorized Notarial Acts in Texas
Texas notaries can perform several specific acts:
| Notarial Act | Purpose |
|---|---|
| Take acknowledgments | Verify signer identity and willingness |
| Administer oaths/affirmations | Swear in witnesses, verify truthfulness |
| Take depositions | Record sworn testimony |
| Protest instruments | Negotiable instruments (bills, notes) |
| Certify copies | Attest copies match originals (limited) |
What You Cannot Do
Understanding your limitations is critical:
| Prohibited Action | Why |
|---|---|
| Verify document truthfulness | Not your role |
| Provide legal advice | Unauthorized practice of law |
| Prepare legal documents | Only attorneys may do this |
| Certify vital records | Birth/death/marriage certificates excluded |
| Notarize your own signature | Conflict of interest |
Texas Jurisdiction
| Rule | Details |
|---|---|
| Who commissions you | Texas Secretary of State |
| Where you may notarize | Anywhere within Texas (statewide) |
| Where you may NOT notarize | Outside Texas borders |
| Commission term | 4 years |
| Bond requirement | $10,000 surety bond |
2026 Requirement Change - SB693
Effective January 1, 2026, Texas Senate Bill 693 requires ALL new and renewing notaries to complete mandatory education:
| New Requirement | Details |
|---|---|
| Education course | Up to 2 hours |
| Provider | Texas Secretary of State ONLY |
| When required | Before application submission |
| Applies to | New AND renewing notaries |
| Fee | Reasonable fee (set by SOS) |
Previous notaries: If you were appointed before September 1, 2025, you are exempt from the education requirement until your renewal.
Why the Change? (SB693 Background)
Senate Bill 693 was enacted to:
- Prevent fraud - Particularly in real estate transactions
- Ensure competency - Notaries understand their duties
- Create accountability - New record-keeping requirements
- Establish penalties - Criminal offense for improper notarizations
On the Exam
Expect questions about the notary's role:
- Primary purpose: Verify identity and deter fraud
- NOT your job: Verify truthfulness or give legal advice
- Jurisdiction: Statewide within Texas only
- New requirement: Mandatory education as of January 2026
- Bond: $10,000 surety bond required
What is the PRIMARY purpose of a Texas notary public?
What new requirement applies to Texas notaries as of January 1, 2026?
What is the surety bond amount required for Texas notaries?