1.1 Eligibility Requirements
Key Takeaways
- Must be at least 18 years old
- Must be a resident of the State of Texas - residency, not citizenship
- A final felony or crime-of-moral-turpitude conviction disqualifies unless pardoned/set aside; arrests do not
- Senate Bill 693 added a mandatory Secretary of State course and 20-question exam for applications filed on or after January 1, 2026
- An online (remote) notary must first be, or simultaneously become, a traditional Texas notary
Eligibility Requirements for Texas Notaries
Before you touch the application, confirm you satisfy every qualification in Texas Government Code Chapter 406 (the statute governing notaries public) and the rules adopted by the Texas Secretary of State (SOS). There are only three statutory qualifications, but the exam probes the precise edges of each — especially residency and criminal history, where candidates routinely pick the wrong distractor.
The Three Statutory Qualifications
| Requirement | Texas standard | Common wrong answer to avoid |
|---|---|---|
| Age | At least 18 years old | 16, 21, or "old enough to vote" |
| Residency | Resident of the State of Texas | U.S. citizenship; living in any state |
| Character | No final conviction for a felony or crime involving moral turpitude | Any arrest; any misdemeanor |
Under Government Code 406.004 the Secretary of State "shall appoint" a qualified applicant — meaning if you meet these three tests, are not disqualified, and file a complete application, appointment is essentially ministerial. There is no quota, no interview, and no in-person hearing.
Residency, Not Citizenship
The single most-missed eligibility point: Texas requires residency, never citizenship. A lawful permanent resident (green-card holder) or any legal resident who actually lives in Texas can be commissioned; a U.S. citizen who lives in Oklahoma but commutes to a job in El Paso cannot.
| Qualifies | Does NOT qualify |
|---|---|
| Texas resident who is a U.S. citizen | Citizen who resides out of state |
| Texas resident who is a lawful permanent resident | Person who only owns Texas property |
| Texas resident with valid legal status | Person who only works in Texas |
Unlike a few border states, Texas grants no "works-in-state" exception. The SOS verifies residency through the Texas address on your application; a Texas P.O. box with no actual Texas residence behind it is not enough. Worked example: Maria holds a green card, lives in Houston, and is not a U.S. citizen — she qualifies. Her brother is a U.S. citizen who moved to Louisiana last year — he does not, even though he visits Texas weekly.
Criminal History: Felony or Moral Turpitude
The SOS runs a background check on every applicant. Disqualification attaches to a final conviction for a felony or a crime involving moral turpitude — not to a mere arrest, a deferred adjudication that was successfully discharged, or an unrelated minor offense.
Moral turpitude means conduct that is inherently dishonest, base, or vile. The essence the exam wants is dishonesty. Classic examples:
- Fraud, forgery, and false statements — directly contrary to a notary's duty of honesty
- Theft and embezzlement
- Perjury and bribery
- Other offenses whose core is deception
The reasoning the exam rewards: a notary is a public officer entrusted to deter fraud, so dishonesty offenses are the most damaging disqualifiers. A single reckless-driving or speeding conviction, standing alone, is generally not a crime of moral turpitude. A conviction that has been pardoned, set aside, or otherwise restored does not disqualify.
Education Requirement (New under SB 693)
Senate Bill 693, enacted by the 89th Texas Legislature and effective September 1, 2025, added a mandatory education-and-exam requirement that applies to every application submitted on or after January 1, 2026 — including renewals.
| Before Jan 1, 2026 | Applications on/after Jan 1, 2026 |
|---|---|
| No course; no exam | Complete the SOS course (up to 2 hours) |
| Apply directly | Pass the SOS exam (20 questions, 70% = 14 correct, open-book, online) |
The course and exam must be taken directly through the Secretary of State — third-party and private online providers are not authorized to deliver the statutory course. Notaries first appointed before September 1, 2025 are not forced to take the course mid-term, but any new application or renewal filed on or after January 1, 2026 must comply.
Eligibility for an Online (Remote) Notary
Texas offers a separate online notary public commission for remote notarizations performed over audio-video technology. Base eligibility is identical, with one gate: you must already be, or simultaneously become, a traditional Texas notary public before you can hold the online credential. The remote commission layers on top of the traditional one — it does not replace it — and the same age, residency, and character standards apply.
Quick Eligibility Self-Check
Run through this before paying any fee:
- Am I 18 or older?
- Is my actual residence in Texas? (Owning property or working here is not enough.)
- Do I have a final, un-pardoned conviction for a felony or a crime of dishonesty?
- Am I applying on or after January 1, 2026 (so the SB 693 course/exam applies)?
- Can I obtain a $10,000 surety bond from a Texas-licensed surety?
Clear items 1, 2, and 5, stay clean on item 3, and complete the course/exam when item 4 applies — then you meet the statutory bar and the Secretary of State must commission you.
Exam Focus Points
- Minimum age: 18; residency required, citizenship is not
- A final felony or moral-turpitude conviction disqualifies; arrests do not
- SB 693 education/exam applies to applications filed on or after January 1, 2026
- An online notary must first be a traditional Texas notary
What is the minimum age to become a Texas notary public?
Which applicant clearly meets the Texas eligibility standard for a notary commission?