2026 Legal Reference•Texas Law

Texas Notary Public Educational & Statutory Glossary

Official statutory reference citing Texas Secretary of State (Tex. Gov't Code Ann. § 406.001 et seq.; 1 TAC Part 4, Ch. 87; Tex. Civ. Prac. & Rem. Code Ch. 121). Master these precise definitions to ace your state examination.

Showing 27 Texas statutory termsTexas Secretary of State (Tex. Gov't Code Ann. § 406.001 et seq.; 1 TAC Part 4, Ch. 87; Tex. Civ. Prac. & Rem. Code Ch. 121)
Notarial Acts#acknowledgment

Acknowledgment

Tex. Civ. Prac. & Rem. Code §§ 121.001–121.008; Tex. Gov't Code § 406.016

A formal declaration before a Notary Public by an individual executing a written instrument that they executed the document as their free act and deed for the purposes and consideration expressed therein. Pre-signed documents are permitted for acknowledgments, provided the signer personally appears before the notary and confirms the signature is theirs.

Related Concepts:
JuratVenueRepresentative Capacity AcknowledgmentPersonal Appearance
Notarial Acts#jurat

Jurat

Tex. Gov't Code § 406.016; Texas SOS Educational Information

A notary certificate block stating 'Subscribed and sworn to (or affirmed) before me on [date] by [affiant]'. It certifies that the signer personally appeared, took a solemn oath or affirmation swearing to the truth of the statements in the document, and subscribed (signed) the document in the physical or electronic presence of the notary.

Related Concepts:
AffidavitOathAffirmationPersonal Appearance
Legal Documents#affidavit

Affidavit

Tex. Gov't Code § 312.011(1); Tex. Penal Code § 37.02

A written statement of facts signed by an affiant and sworn to (or affirmed) before an officer authorized to administer oaths (such as a Texas Notary Public), authenticated by a completed jurat certificate under official seal.

Related Concepts:
JuratAffiantOathPerjury
Notarial Acts#oath

Oath

Tex. Gov't Code § 406.016; Tex. Const. Art. XVI, § 1

A solemn verbal pledge invoking a Supreme Being that the statements made in a document or testimony are true and correct under penalty of perjury. Requires an audible verbal response (such as 'I do' or 'I swear') from the affiant in response to the notary's recitation.

Related Concepts:
AffirmationAffidavitJuratPerjury
Notarial Acts#affirmation

Affirmation

Tex. Gov't Code § 312.011(1); Texas SOS Educational Information

A solemn secular declaration made under penalty of perjury by an individual who conscientiously objects to taking a religious oath swearing to a Supreme Being. It carries identical legal weight and perjury liability as an oath.

Related Concepts:
OathAffidavitJuratPerjury
Notarial Acts#venue

Venue

Tex. Gov't Code § 406.016; Texas SOS Educational Information

The geographic location statement at the top of a notarial certificate ('State of Texas, County of _____') establishing the exact county and state where the notary public and principal were physically located when the notarial act was performed.

Related Concepts:
Statewide JurisdictionOfficial SealPersonal Appearance
Notarial Equipment#official-seal

Official Seal

Tex. Gov't Code § 406.013; 1 TAC § 87.50

The official seal of office that must legibly display a 5-pointed star, the words 'Notary Public, State of Texas', the notary's name, notary ID number, and commission expiration date. Must be affixed with an indelible ink rubber stamp or impression inker so that it is photographically reproducible.

Related Concepts:
Commission & QualificationVenueStatement of Authority

Commission & Qualification

Tex. Gov't Code §§ 406.001–406.007

The 4-year official appointment as a Notary Public granted by the Texas Secretary of State. Applicants must be at least 18 years old, legal residents of Texas (or out-of-state residents maintaining a Texas business place), not convicted of a felony or crime of moral turpitude, execute a $10,000 surety bond, and pay statutory filing fees.

Related Concepts:
Secretary of StateSurety Bond ($10,000)Statewide Jurisdiction

Statewide Jurisdiction

Tex. Gov't Code § 406.003

Statutory authority granting a commissioned Texas Notary Public the legal power to perform official notarial acts anywhere within the physical geographic boundaries of all 254 counties in the State of Texas.

Related Concepts:
VenueCommission & QualificationRemote Online Notarization
Fees & Commissions#statutory-fees

Statutory Fees

Tex. Gov't Code § 406.024; Tex. Gov't Code § 406.063

Maximum statutory fees allowed under Texas law: $10.00 for taking an acknowledgment or jurat (first signature), $1.00 for each additional signature on the same document; $10.00 for administering an oath/affirmation; $6.00 for certifying a record copy plus $1.00/page; $4.00 for protesting a note/bill; and up to $25.00 for Remote Online Notarization technology fees.

Related Concepts:
Overcharging & Civil PenaltyFee Book & Itemized BillRemote Online Notarization
Misconduct & Penalties#overcharging-and-civil-penalty

Overcharging & Civil Penalty (4x Multiplier)

Tex. Gov't Code § 603.006; Tex. Penal Code Ch. 39

Mandatory civil penalty making a notary public who demands or receives a fee higher than authorized by law liable to the injured party for four times (4x) the amount of the overcharge, alongside administrative commission revocation for good cause and criminal prosecution for extortion/official misconduct.

Related Concepts:
Statutory FeesOfficial MisconductFee Book & Itemized Bill
Fees & Commissions#fee-book-and-itemized-bill

Fee Book & Itemized Bill

Tex. Gov't Code §§ 603.006, 603.007; Tex. Gov't Code § 406.014(a)(6)

Statutory mandate requiring a notary public to record all fees collected in their record book and to provide a signed itemized written bill stating each service rendered upon request. Fees are not legally payable until an itemized bill is produced.

Related Concepts:
Statutory FeesRecord Book (Journal)Overcharging & Civil Penalty
Notarial Equipment#record-book-journal

Record Book (Journal)

Tex. Gov't Code § 406.014; 1 TAC § 87.40

Mandatory record book in which a Texas notary must enter details of every notarial act performed, including date, type of act, instrument date, names/addresses of signers and witnesses, identity verification method, and fee charged. Journal entries are public information open to public inspection upon payment of legal fees ($1.00/page).

Related Concepts:
Statutory FeesPublic Inspection of Records10-Year Record Retention
Misconduct & Penalties#unauthorized-practice-of-law

Unauthorized Practice of Law (UPL)

Tex. Gov't Code § 406.017; Tex. Penal Code § 38.123; Tex. Gov't Code § 81.101

Prohibition forbidding non-attorney notaries from drafting legal instruments (deeds, wills, powers of attorney, contracts), giving legal advice, or soliciting/accepting fees for legal or immigration assistance. Violation is a Class A misdemeanor (and a 3rd-degree felony for repeat offenses).

Related Concepts:
Notario Público Advertising ProhibitionDeceptive Trade Practices ActClass A Misdemeanor

Notario Público Advertising Prohibition

Tex. Gov't Code § 406.017; Tex. Bus. & Com. Code Ch. 17

Strict prohibition forbidding non-attorney notaries from using the phrase 'Notario' or 'Notario Público' in advertisements. Non-English advertisements must include a mandatory notice in English and the foreign language stating the notary is not an attorney. Violations constitute a Class A misdemeanor and a Deceptive Trade Practice under state law.

Related Concepts:
Unauthorized Practice of LawDeceptive Trade Practices ActMandatory Advertising Disclaimer
Electronic Notarization#remote-online-notarization

Remote Online Notarization (RON)

Tex. Gov't Code §§ 406.051–406.064; 1 TAC Ch. 87

Notarial acts performed electronically using secure real-time audio-video communication technology by a commissioned Online Notary Public physically located in Texas. Requires identity proofing (dynamic KBA), credential analysis of ID, X.509 PKI digital certificate, and 10-year audio-visual recording retention.

Related Concepts:
Identity Proofing (KBA)Credential AnalysisPapering Out (Paper Certification)10-Year Record Retention

RON Journal & Audio-Visual Recording Retention (10 Years)

Tex. Gov't Code § 406.059(e); 1 TAC § 87.50

Mandatory statutory requirement that an Online Notary Public maintain an encrypted electronic journal and retain a secure copy of the live audio-visual recording of every online notarization for at least ten (10) years after the date of the notarization.

Related Concepts:
Remote Online NotarizationElectronic Journal SecurityPrivacy Protections
Electronic Notarization#papering-out

Papering Out (Paper Certification of Electronic Record)

Tex. Civ. Prac. & Rem. Code § 121.006; Tex. Prop. Code § 12.0013

A statutory paper declaration executed by a notary public under penalty of perjury certifying that a printed paper copy is a true and correct copy of an electronic record notarized under RON rules, making the paper copy eligible for recording in county land records.

Related Concepts:
Remote Online NotarizationCopy Certification LimitationsLand Recording

Copy Certification Limitations

Tex. Gov't Code § 406.014(a); Texas SOS Educational Information; 18 U.S.C. § 1426

Authority of a notary to certify a true copy of an original non-recordable document. Notaries are strictly forbidden from certifying copies of public recordable documents (deeds, birth/death/marriage certificates) or federal naturalization certificates under 18 U.S.C. § 1426.

Related Concepts:
Public Record CustodianVital Statistics ProhibitionFederal Citizenship Copy Prohibition

Subscribing Witness & Proof of Execution

Tex. Civ. Prac. & Rem. Code §§ 121.009–121.011

A formal statutory procedure where a principal signer cannot appear, but a subscribing witness (who personally knows the principal and observed the execution) appears before a notary public, takes an oath swearing to the execution, and signs a statutory Proof certificate.

Related Concepts:
AcknowledgmentCredible WitnessStatutory Proof Form
Special Signing Procedures#signature-by-mark

Signature by Mark

Texas SOS Notary Public Educational Information

Procedure allowing a constituent who is illiterate or physically impaired to sign a document by making a mark ('X'), observed by two disinterested witnesses, one of whom writes the constituent's name adjacent to the mark. Both witnesses and the signer sign the document and notary record book.

Related Concepts:
Disinterested WitnessSignature by ProxyIncapacitated Signer

Signature by Proxy for Incapacitated Signer

Tex. Gov't Code § 406.0165

Statutory procedure permitting a notary public to sign the name of an individual physically unable to sign or make a mark, provided the individual directs the notary in the physical presence of one disinterested witness. The notary writes: 'Signature affixed by notary in the presence of (name of witness)'.

Related Concepts:
Signature by MarkDisinterested WitnessPhysical Disability Accommodation

Conflict of Interest & Disqualification

Tex. Gov't Code § 406.016; Texas SOS Educational Information; Texas Case Law

Rule legally disqualifying a notary public from officiating any transaction in which the notary is named a party, grantee, grantor, trustee, or has a direct personal, financial, or beneficial interest (e.g., real estate sales commission or co-borrower). Acts performed under conflict of interest are legally void.

Related Concepts:
Disinterested Public OfficerOfficial MisconductTrustee Disqualification

Tampering with Governmental Record (Class A Misdemeanor / Felony)

Tex. Penal Code § 37.10

A criminal offense committed when a person knowingly makes a false entry in or false alteration of a notary public record book or executes a false official notarial certificate (such as backdating). Punishable as a Class A misdemeanor or state jail felony.

Related Concepts:
Official MisconductFalse Certificate ExecutionClass A Misdemeanor

Official Misconduct & Revocation for Good Cause

Tex. Gov't Code § 406.009(d); 1 TAC § 87.50

Statutory grounds authorizing the Texas Secretary of State to suspend or revoke a notary commission, including failure to require personal appearance, charging excessive fees, making false statements on application, or failing to maintain a valid surety bond.

Related Concepts:
Secretary of StateAdministrative Hearing (SOAH)Travis County District Court Appeal
Fees & Commissions#surety-bond-10000

Surety Bond ($10,000)

Tex. Gov't Code § 406.010

A mandatory $10,000 surety bond payable to the Governor of Texas required for every notary public prior to taking office, executed to protect the public against financial loss caused by notary negligence or official misconduct. The notary must reimburse the surety company for any claim payouts.

Related Concepts:
Commission & QualificationSecretary of StateErrors & Omissions Insurance

Representative Capacity Acknowledgment

Tex. Civ. Prac. & Rem. Code § 121.008

Statutory short-form acknowledgment certificates tailored for individuals signing in representative capacities, including corporate officers, general partners, limited liability company managers, attorneys-in-fact, trustees, executors, and guardians.

Related Concepts:
AcknowledgmentCorporate AcknowledgmentPartnership AcknowledgmentAttorney-in-Fact Acknowledgment

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