Free Texas Notary Exam Flashcards

The state agency that administers the Texas notary program — processing applications, issuing commissions, assigning notary ID numbers, and overseeing conduct under Texas Government Code Chapter 406.

The statute governing notaries public in Texas. It sets eligibility, the scope of notarial acts, fees, seal/journal rules, and penalties for misconduct.

Must be at least 18 years old and a Texas resident. U.S. citizenship is NOT required (Bernal v. Fainter, 1984). Applicants must not have certain disqualifying criminal convictions.

Lawfully present non-citizens may become Texas notaries. The only extra step is filing a Declaration of Domicile at the county courthouse establishing Texas as their primary residence.

A Texas notary commission is valid for 4 years from the issuance date. Renewal requires repeating the application, bond, and (as of 2026) education and exam.

After receiving the commission, the notary must complete qualification — filing the $10,000 surety bond and taking the oath of office — within 90 days, or the commission is void.

The statutory state fee totals $21: $10 commission, $10 bond filing fee, and $1 archive fee, paid to the Secretary of State (plus any online processing charge).

Effective January 1, 2026, all new and renewing Texas notaries must complete up to 2 hours of education and pass a 20-question open-book exam at 70% (14/20). Fee is $20 per attempt, three attempts in a three-month period.

Every Texas notary must obtain a $10,000 surety bond filed with the Secretary of State. It protects the public — not the notary — from financial harm caused by the notary's misconduct or negligence.

The surety bond pays harmed members of the public; the notary must reimburse the surety. E&O insurance is optional and protects the notary by covering defense costs and unintentional errors.

Circular not exceeding 2 inches in diameter, OR rectangular not exceeding 1 inch by 2.5 inches. Must be applied in indelible (permanent) ink so it reproduces on copies.

A five-pointed star, the notary's name, the words 'Notary Public, State of Texas,' the commission expiration date, and the notary's unique SOS-assigned identification number.

A raised-impression embosser alone does not satisfy Texas requirements because it may not reproduce on photocopies/scans. The seal must be applied in indelible ink.

Texas notaries must keep a journal of notarial acts and retain it for 10 years. For online notarizations, audio/video recordings must be kept (an original and a backup) for 5 years.

Each entry records the date of the instrument and date of notarization, the signer's name and address, the identification method used, the type of act, and the fee. For land documents, the county where the land is located.

A Texas notary's journal is a public record. Members of the public may inspect it and request copies of entries, supporting accountability.

Acknowledgments, jurats, oaths/affirmations, copy certifications, depositions, protests, and certificates under seal. Texas notaries may NOT perform marriage ceremonies.

The signer appears before the notary and acknowledges signing the document willingly. The document may have been pre-signed; the notary verifies identity and willingness, NOT the document's contents.

'Subscribed and sworn to before me.' The signer must sign the document in the notary's presence AND swear/affirm under oath that the contents are true. Used for affidavits and sworn statements.

Acknowledgment: identity + voluntary signing; may be pre-signed; contents not sworn. Jurat: sign in the notary's presence + oath that contents are true. The wording on the certificate determines which is required.

An oath invokes a higher power ('so help you God'); an affirmation is a solemn pledge with no religious reference ('under penalty of perjury'). Both carry identical legal weight; the signer chooses.

Administering an oath to swear in a deposition witness is its own notarial act, separate from a jurat. A jurat incorporates an oath as part of notarizing a written document.

The notary certifies a reproduction is a true copy of an original. Texas notaries may NOT certify copies of publicly recorded documents or vital records (birth/death/marriage certificates).

A notary may administer the oath to a witness and take/certify a deposition — sworn out-of-court testimony recorded for use in legal proceedings.

A formal certified declaration that a negotiable instrument (such as a check or note) was presented for payment and dishonored. A specialized, rarely used notarial act.

A notary's duties are ministerial, not discretionary. The notary verifies identity and proper execution; it does not validate the truth, legality, or wisdom of the document's contents.

The signer (or credible witness) must personally appear before the notary at the time of the act — physically, or via approved remote technology for online notarization. This is a core, non-waivable rule.

A current government-issued photo ID that contains the signer's signature (e.g., driver's license, passport, state ID). Utility bills and personal references are NOT acceptable.

If the notary personally knows the signer, that personal knowledge alone is an acceptable identification method — no documentary ID is required.

When a signer lacks acceptable ID, ONE credible witness who personally knows the signer may identify them. The witness must present acceptable ID and take an oath/affirmation as to the signer's identity.

Texas accepts three ways to identify a signer: (1) the notary's personal knowledge, (2) a satisfactory government photo ID with signature, or (3) a sworn credible witness.

Texas permits online notarization using approved audio-video technology and identity proofing. The signer appears remotely in real time; recordings must be retained for 5 years.

A Texas online notary may charge up to $25 in addition to regular notarial fees for a Remote Online Notarization, compensating for technology, identity verification, and recording.

An online notary public must first hold a traditional Texas commission, then separately apply to the SOS to perform RON using an approved technology provider. Both commissions run concurrently.

Texas caps the fee for an acknowledgment at $10, plus up to $1 for each additional signature on the same document. Fees are set by statute to keep notarial services affordable.

Texas notary fees are capped by statute by act type (acknowledgments, jurats, oaths, protests, copy certifications, etc.). A notary may charge less than, but never more than, the maximum.

A Class A misdemeanor (up to $4,000 fine and/or up to 1 year in county jail). The signer must be present at the time of notarization — pre-printed or mailed signatures are not enough.

If a notarization without personal appearance involves a real property transfer, the offense is elevated to a state jail felony (up to $10,000 fine and 180 days to 2 years in a state jail facility).

A non-attorney notary who advertises as 'notario' or 'notario publico' commits a Class A misdemeanor (first offense), with enhanced penalties for repeat offenses. The term falsely implies attorney-level authority in many Spanish-speaking countries.

A Texas notary who is not an attorney may not give legal advice, select documents, or help complete immigration forms. Doing so is the unauthorized practice of law and may violate notario protections.

Texas has no blanket family-member ban but prohibits notarizing any document in which the notary has a direct financial or beneficial interest. The notary should never be a party to the transaction.

A notary must refuse to notarize if the signer is absent, cannot be identified, appears coerced or incompetent, or the certificate is blank/incomplete. Refusal for legitimate cause is not unlawful discrimination.

A notary must not notarize a document with blank spaces or one that is incomplete at the time of notarization. The signer should complete the document before the notarial act.

Completing a notarial certificate that contains a statement the notary knows to be false (e.g., false date, false appearance) is criminal misconduct and grounds for commission revocation.

A notary is personally liable for damages caused by official misconduct or negligence. The surety bond pays the harmed party, but the notary must reimburse the surety and may also face civil and criminal liability.

Maximum penalty: a $4,000 fine and/or up to 1 year in county jail. Several notary violations — including improper appearance and 'notario' advertising — are Class A misdemeanors.

Maximum penalty: a $10,000 fine and 180 days to 2 years in a state jail facility. Applies when a notary notarizes a real-property document without the signer's personal appearance.

A Texas notary must notify the Secretary of State of a name or address change within the statutory period and update the seal/records accordingly. The commission stays tied to the original term.

A notary who resigns, dies, or is removed must deliver the notary records (journal) to the county clerk. The seal should be destroyed so it cannot be misused.

The Secretary of State may revoke or suspend a commission for good cause — false statements on the application, misconduct, or a disqualifying criminal conviction. Revocation ends notarial authority immediately.