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.

Citizenship is not a Texas eligibility test. A non-citizen Texas resident who meets the age, conviction and education requirements can apply. There is no extra filing.

A Texas notary term expires 4 years after the date the notary qualifies. Renewal requires a new application, a new bond, and the SOS continuing education course.

An applicant must take the SOS education course on or before the 90th day after the SOS receives the fee, or the fee is forfeited. Renewal also opens 90 days before expiration.

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

For applications submitted on or after January 1, 2026, new and renewing Texas notaries must complete the SOS course (up to 2 hours) and answer at least 70% of the questions presented, in 30 minutes. Fee is $20 per attempt, no more than three attempts in three months.

A Texas notary must obtain a $10,000 surety bond filed with the Secretary of State. A notary serving primarily as a state officer or employee is exempt (Government Code 406.010(f)). 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 may be liable for what the surety paid. 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, with a serrated or milled edge border. A stamp must use an indelible ink pad.

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.

The seal may be affixed by a seal press or a stamp, if it legibly reproduces the required elements under photographic methods. A stamp must use an indelible ink pad.

Texas notaries must keep a journal of notarial acts and retain the records until the 10th anniversary of the date of notarization. Online records: at least 5 years by statute, and the SOS online course says 10.

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 a brief description. For land documents, the grantee and the county where the land is located. Fees go in a separate fee book.

Entries in a Texas notary's journal are public information. Anyone who pays all fees gets a certified copy, due within 10 business days of the notary receiving the fees.

Government Code 406.016: take acknowledgments or proofs, protest instruments, administer oaths, take depositions, and certify copies of non-recordable documents. 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 personally makes the copy of a non-recordable document and confirms it is unaltered. Texas notaries may NOT certify copies of publicly recordable 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 verifies identity and proper execution; the notary 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 by two-way audio-video technology that meets the online standards for an online notarization. This is a core, non-waivable rule.

A valid, unexpired ID issued by the federal government or a state government that contains the signer's photograph and signature (e.g., driver's license, U.S. 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 be personally known to the notary or 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 by an online notary, using two-way audio-video technology that meets the SOS standards, plus identity proofing. The signer appears remotely in real time. Records: at least 5 years by statute, and the SOS online course says 10.

A Texas online notary may charge up to $25 in addition to regular notarial fees for an online notarization. The notary may not add extra fees for using a specific platform or system.

An online notary public must first hold a traditional Texas commission, then separately apply to the SOS and use a system that meets the SOS standards. Both commissions expire on the same date.

Texas caps the fee for an acknowledgment at $10 for the first signature, plus up to $1 for each additional signature on the same certificate.

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 offense is notarizing with knowledge that the signer did not personally appear at the time of notarization.

If the document involves the transfer of real property or any interest in it, knowingly notarizing for a signer who did not personally appear is 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 accept pay to prepare documents for a judicial or administrative proceeding, including immigration matters. Translation or typing services for pay do not violate Section 406.017.

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 if the signer is absent or cannot be identified. A notary is authorized to refuse, and the SOS course says should refuse, when there are reasonable grounds to believe coercion or lack of capacity. 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 negligence or fraud. The surety bond pays the harmed party, the notary may be liable for what the surety paid, and the notary 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 knowingly notarizing without personal 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 knowingly notarizes a document involving the transfer of real property for a signer who did not personally appear.

A Texas notary must notify the Secretary of State of an address change not later than the 10th day after it. Updating the commission name is optional but highly suggested, and the seal must match the commissioned name. The commission stays tied to the original term.

If the office becomes vacant through resignation, removal, or death, the county clerk obtains the notary's record books and deposits them in the clerk's office. 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 when it takes effect.