A few F&Q from the Texas Secretary of State on Notaries.

1. Physical Presence & Signer ID

  • Fact: A notary cannot legally notarize a document if the signer is not physically in front of them. This remains strictly illegal even if the signer is an immediate relative, spouse, or employer. 
  • Question: What forms of identification can I accept?
  • Answer: If the signer is not personally known to the notary, they must present a valid, unexpired government-issued ID (like a state driver's license) or a U.S. passport. Credit cards or library cards are not acceptable forms of ID. 

2. Unauthorized Practice of Law (UPL)

  • Fact: Unless the notary is also a licensed Texas attorney, they are strictly prohibited from practicing law.
  • Question: Can I choose the type of notarial certificate (e.g., Acknowledgment or Jurat) to attach to a document?
  • Answer: No. A non-attorney notary must not advise a client on which certificate to use. The signer must choose the type of certificate, or the document itself must already have the specific certificate wording pre-printed. 

3. Eligibility and Commissions

  • Question: Who is eligible to become a Texas Notary?
  • Answer: Applicants must be Texas residents, at least 18 years old, and have no final convictions for felonies or crimes involving moral turpitude. 
  • Fact: Commission applications, exam requirements, and mandatory education courses are completed through the state's official Notary Public Educational Information portal. 

4. Certified Copies & Alterations

  • Fact: A notary public cannot certify true copies of documents like public birth certificates or marriage licenses; these must be obtained directly from the vital statistics office or the county clerk.
  • Question: Can I make changes to a document or correct a typo before notarizing?
  • Answer: No. A notary can only notarize the execution of the instrument; they must never alter, change, or modify the document itself. 

5. Fees and Geographic Reach

  • Fact: A traditional Texas notary is commissioned statewide. This means you can perform notarial acts in any county within Texas.
  • Question: What are the maximum fees I can charge?
  • Answer: The state sets maximum allowable fees for standard notarial acts ( $10 )
  • for taking a Single page document for notarization. ie. Consent Forms, QuickClaim Deed, Power of Attorney, Medical Directives. These fee do not include Mobile Service, and or Printing of documents.
  • Add'l fees for add'l signers and different fees for Remote online, Loan Packages, Apostle, Adoption, 

 

I experienced nothing less then the highest level of professionalism and knowledge of understanding my needs.

Kamus Lorenzo

Very Knowledgeable and professional.

Mary N

Very Professional and Polite

Robert J

Need more answers?

Don't see your question listed here? No problem! We are always happy to help. Reach out to AskDNotary directly and our friendly team will provide you with the information you need. Your peace of mind is our priority.