Cart empty
Shopping cart Cart empty
Notary Public Underwriters

Cart empty
Shopping cart Cart empty
  •  Notaries
  • Log in / Register
  • Create an Account

Notary Public Underwriters Blog

Texas Notary Laws and Administrative Rules - Your True North

Be honest, do you often check your state's Notary Public resources to confirm that you're notarizing in accordance with the laws and administrative rules that govern you?

You are fully responsible for obtaining and maintaining this critical information as a commissioned Notary. Notary law revisions have been widespread in recent years, and the legislative season of 2021 could bring even more change. If you don't study your state's Notary laws and standards at least once a year, now is the time to make it a priority.

For example, did you know a Texas Notary may not record certain sensitive customer information in the Notary’s record book, and if the Notary inadvertently does this anyway the information must be redacted before providing access to or copies of such a record or records?  Did you know a Texas Notary employed by a governmental body may not perform notarial services that “interfere” with the Notary’s discharge of duties as public employee?  Did you know Texas law prohibits a Notary from issuing an identification card?

Even if you have a good grasp of current Notary laws and rules, keep in mind that they are all subject to change. That is why you must review them on a frequent basis. So let’s get started!

First, identify and access your state’s applicable laws and administrative rules... a Notary’s “True North.”

Texas Notary law is spread among many chapters of Texas Statutes, so accessing all of it takes a little effort:

Business & Commerce Code
     Title 2, Chapter 17, Subchapter E, Section 17.46(a), (b28)
     Title 10, Subtitle B, Chapter 322, Sec. 322.011

Civil Practice and Remedies Code
     Title 6, Chapter 121, Sec. 121.001 through 121.016 (click link and scroll to Sec. 121.001)

Finance Code
     Title 3, Chapter 59, Subchapter B, Sec. 59.107 and Sec. 59.109

Government Code
     Title 4, Chapter 406, Subchapter A, Sec. 406.001 through 406.026
     Title 4, Chapter 406, Subchapter C, Sec. 406.101 through 406.113

Property Code
     Title 3, Chapter 12, Sec. 12.0011
     Title 3, Chapter 12, Sec. 12.0013
     Title 3, Chapter 15, Sec. 15.004

Texas Notaries are also governed by administrative rules of the Secretary of State:

Texas Administrative Code
     Title 1, Part 4, Chapter 87, Subchapters A-H

Consider owning one of our Texas Notary Handbooks to supplement your understanding of notary statutes and administrative rules. This handy guide provides invaluable knowledge in simple terms. It’s the ideal size for keeping at your desk or slipping into a purse or briefcase.

It is critical for you to be aware of all applicable Notary legislation and administrative guidelines. It's never too early—or too late—to start examining your Notary laws and administrative regulations on a regular basis for the requirements and guidance you need to conduct knowledgeable and compliant notarial acts.

Category: Notary Blog