Statutory Duties & Prohibited ActsTexas Notary Examination • 2026 Edition
A non-attorney Texas Notary Public places a Spanish-language advertisement offering notarization services and uses the term 'Notario Público'. What is the legal consequence of this action under Tex. Gov't Code § 406.017?
AIt constitutes a criminal offense (Class A misdemeanor) and a deceptive trade practice under Texas law.Correct Answer
BIt is permitted if the notary pays an additional advertising registration fee of $50 to the state.
CIt is fully legal as long as the notary speaks fluent Spanish.
DIt is considered a civil infraction carrying only a $25 warning fine.
Official 2026 Statutory Legal Analysis
Tex. Gov't Code Ann. § 406.017 prohibits a non-attorney notary from using the terms 'notario' or 'notario publico' in advertisements, as it misleadingly implies legal authority similar to foreign notaries. Violating this rule is a Class A misdemeanor (and 3rd-degree felony for repeat offenses) and constitutes a Deceptive Trade Practice under Ch. 17 of the Texas Business & Commerce Code. Options A, C, and D are legally false.
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