4.1 Satisfactory Evidence of Identity

Why Identity Verification Is the Core Duty

Every notarial act in Texas begins with one question: do I know, to a reasonable certainty, who is standing in front of me? Texas Government Code Chapter 406 governs notaries, and identity is the hinge on which the whole act turns. A notarial certificate states that the signer is the person they claim to be; if that is false, the notarization is fraudulent. Since Senate Bill 693 took effect September 1, 2025, getting this wrong is no longer just a commission problem, it is a crime (covered in 4.2).

Identity verification follows personal appearance. The signer must be physically before you (or before you through an approved remote two-way audio-video system if you hold an online commission). You cannot verify identity over the phone, by photo, or for an absent person, no matter who vouches for them.

The Two Lawful Methods

Texas recognizes exactly two methods, and you need only one:

Personal knowledge is a high bar. "They look familiar" or "a friend introduced us today" does not count. The test is whether your prior dealings are enough that an impostor could not be substituted. Because the claim can be challenged in court years later, most notaries rely on satisfactory evidence even for acquaintances and record the ID anyway.

What Counts as Satisfactory Evidence

A qualifying credential must be current (not expired), bear a photograph, include a physical description and/or signature, and be issued by a government authority. Primary and secondary credentials:

A credential that lacks a photo (such as a Social Security card or a birth certificate) is not satisfactory evidence by itself. An employer badge is not government-issued and does not qualify on its own.

Inspecting the Credential

Do not glance, examine. Run through this checklist on every ID:

• Photo match to the live person (account for aging, weight, hair, glasses).
• Name match between the ID and the document being signed; if the document says "Robert L. Smith" and the ID says "Bob Smith," resolve it before proceeding.
• Physical descriptors (height, eye color) consistent with the person.
• Expiration date is in the future; an expired credential is not acceptable.
• Security features present: holograms, microprinting, laser-engraving, UV elements.
• No tampering: lifted laminate, mismatched fonts, glued photo, erasures.

Worked Example

A woman presents a Texas driver's license that expired three weeks ago and says, "It's basically still good, I just renewed online." In Texas, satisfactory evidence requires a current credential. The expired card fails. You ask for an alternative current government photo ID (passport, passport card, military ID). If she has none, and you do not have genuine personal knowledge of her, you must decline. You may note the date, the reason ("expired ID, no alternative"), and the refusal in your records.

Red Flags and the Duty to Refuse

A Texas notary may lawfully refuse any act when identity cannot be established. You may not refuse based on race, religion, national origin, sex, or other protected characteristics; the refusal must rest on a legitimate notarial ground such as failed identity verification.

Recording What You Relied On

SB693 made the notary record book mandatory with 10-year retention. For each act, log the method and, for satisfactory evidence, the credential details:

If you relied on personal knowledge, record that fact instead. The journal is your evidence that you met the identity standard if the notarization is ever questioned.

Special Identity Situations

Several fact patterns recur on the exam and in practice:

• Name variations. If the ID reads more formally than the signature line (for example the ID says "William" and the document says "Bill"), the names must reasonably correspond. A signer may sign as they are named in the document so long as their identity is established; record any discrepancy you accept.
• Married-name changes. A signer whose current legal name differs from the name on an older ID should present a current credential reflecting the name used, or you must be able to bridge the difference with confidence.
• Foreign signers. A foreign passport is acceptable satisfactory evidence; pair it with reasonable diligence on its currency and authenticity. Do not let a language barrier pressure you into skipping inspection.
• Physical incapacity. If a signer cannot sign, Texas allows a directed signature by proxy in limited circumstances, but identity of the principal must still be established first.

Common Traps to Avoid

When any element of identity is missing, the safest and legally correct path is the same: stop, explain, and refuse. A refusal protects you; a flawed notarization exposes you.