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.
Acknowledgment
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.
Jurat
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.
Affidavit
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.
Oath
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.
Affirmation
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.
Venue
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.
Official Seal
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.
Commission & Qualification
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.
Statewide Jurisdiction
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.
Statutory Fees
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.
Overcharging & Civil Penalty (4x Multiplier)
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.
Fee Book & Itemized Bill
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.
Record Book (Journal)
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).
Notario Público Advertising Prohibition
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.
Remote Online Notarization (RON)
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.
RON Journal & Audio-Visual Recording Retention (10 Years)
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.
Papering Out (Paper Certification of Electronic Record)
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.
Copy Certification Limitations
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.
Subscribing Witness & Proof of Execution
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.
Signature by Mark
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.
Signature by Proxy for Incapacitated Signer
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)'.
Conflict of Interest & Disqualification
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.
Tampering with Governmental Record (Class A Misdemeanor / Felony)
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.
Official Misconduct & Revocation for Good Cause
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.
Surety Bond ($10,000)
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.
Representative Capacity Acknowledgment
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.
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