(f) Subsections (a) and (b) do not apply to a person whose services as a notary public are performed primarily as a state officer or employee. 79), Sec. 1, eff. Navigating the web site is so easy. I was there around 2100. September 1, 2015. (2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. 16, eff. (c) A notary public, before entering on the duties of office, shall take the official oath required by Section 1, Article XVI, Texas Constitution. Acts 1987, 70th Leg., ch. An oath made outside the United States and its territories may be administered and a certificate of the fact given by: (1) a minister, commissioner, or charge d'affaires of the United States who resides in and is accredited to the country where the oath or affidavit is made; (2) a consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul, or consular agent of the United States who resides in the country where the oath or affidavit is made; or. For example, properly notarized documents can bind individuals to an agreement indefinitely, make reliable a . All of our notary seal embossers are laser engraved and require minimal effort to produce sharp raised notary seal impressions. Every notary supplies order includes a free e-notary guide. We offer a lifetime warranty on all of our notary supplies. 2.17(a), eff. Just wanted to Drop a Line. (6) the applicant's social security number. A commissioner of deeds has the same authority as a notary public to take acknowledgments and proofs of written instruments, to administer oaths, and to take depositions to be used or recorded in this state. Thank you again and God Bless. Sept. 1, 1987. 406.053. Sept. 1, 1987. Usually, lawyers will be present in a deposition and will instruct you how to proceed. 04-09-2008, 09:40 PM. An online notary public has the authority to perform any of the functions authorized under Section 406.016 as an online notarization. (a) Each person to be appointed a notary public shall submit an application to the secretary of state on a form prescribed by the secretary of state. I truly appreciate your speedy response. The application must satisfy the secretary of state that the applicant is qualified. Sec. 1098), Sec. 1, eff. 406.021. c 397), Sec. (a) A notary public shall provide a seal of office that clearly shows, when embossed, stamped, or printed on a document, the words "Notary Public, State of Texas" around a star of five points, the notary public's name, the notary public's identifying number, and the date the notary public's commission expires. (a) A person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling an online notary public to affix an official electronic signature or seal commits an offense. (a) The applicant must submit to the secretary of state: (1) a fee of $10 for approving and filing the bond of the notary public, if required; and. James Earl Rudder Officer Building, 1019 Brazos, Austin, Texas 78701. Amended by Acts 1989, 71st Leg., ch. A Texas notary is a public officer appointed by the Texas Secretary of State to serve the public as an impartial witness to signing of documents. 2, eff. Received my Journal and Stamp. Acts 1987, 70th Leg., ch. You must be a legal resident of the State of Texas. Thank you for acknowledging receipt - have a wonderful evening. NPC was on diversion the other night. Sec. (8) "Notarial act" means the performance by an online notary public of a function authorized under Section 406.016. A Texas notary makes a written statement at the request of the protestor who is the holder of the negotiable instrument. (12) "Remote presentation" means transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to: (A) identify the individual seeking the online notary public's services; and. 1, eff. A notary public may not give legal advice or prepare legal documents. 406.026. (a) A person commits an offense if, with intent to deceive, the person knowingly: (1) files a false report of a missing child or missing person with a law enforcement officer or agency; or (2) makes a false statement to a law enforcement officer or other employee of a law enforcement agency relating to a missing child or missing person. Making a false statement under either is a criminal offense called perjury. 147, Sec. Notaries are public officers and are commissioned by the Office of the Secretary of State but signed off by the Governor. What are the qualifications to become a Texas notary? Where may I notarize as a Texas Notary Public? 4, Sec. No. Sec. REMOVAL FROM OFFICE. Some people were just dropped on their heads as children more than the rest of us! An online notary public or the online notary public's employer may charge a fee in an amount not to exceed $25 for performing an online notarization in addition to any other fees authorized under Section 406.024. 1, eff. Sec. The notice must include the fees that a notary public may charge and the following statement: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.". 71, eff. 406.0165. (3) "Electronic document" means information that is created, generated, sent, communicated, received, or stored by electronic means. 147, Sec. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS AND EMPLOYEES. Sept. 1, 1987. Sec. Sept. 1, 1989; Acts 2001, 77th Leg., ch. September 1, 2015. 1, eff. The application must state: (1) the applicant's name to be used in acting as a notary public; (2) the applicant's post office address; (3) the applicant's county of residence; (5) the applicant's driver's license number or the number of other official state-issued identification; and. Sept. 1, 2003. To Printing E/O Insurance. ELECTRONIC NOTARIZATION. An instrument that does not have the impression of the seal, or an act of the commissioner of deeds that is not certified by the impression of the seal, is not valid in this state. Identity may be verified by: (1) the online notary public's personal knowledge of the person creating the electronic signature; or. var addy_text511a4a52cb6c9e16649d58f78b5e9571 = 'info.tx' + '@' + 'npuonline' + '.' + 'com';document.getElementById('cloak511a4a52cb6c9e16649d58f78b5e9571').innerHTML += ''+addy_text511a4a52cb6c9e16649d58f78b5e9571+'<\/a>'; When performing an acknowledgment notarial act, the notary is required to complete a notarial certificate called an acknowledgment notarial certificate similar to the one below: An oath is a sacred declaration or statement attesting to the truth of the contents of a document that is signed before the notary. 406.007. DEFINITIONS. Amended by Acts 1989, 71st Leg., ch. Sec. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 406.020. 569 (S.B. 10, eff. 147, Sec. Acts 2015, 84th Leg., R.S., Ch. June 14, 1989; Acts 1999, 76th Leg., ch. Sept. 1, 1987. Box 7457, Tallahassee, FL 32314. Shipping and Navigation OR ST Section 777.277. Sec. (c) The application required by Subsection (b) must include: (2) a certification that the applicant will comply with the secretary of state's standards developed under Section 406.104; and. Sept. 1, 1989; Acts 1989, 71st Leg., ch. Once again Thank you . All times are GMT-6. 8, eff. Amended by Acts 1995, 74th Leg., ch. 2, eff. In this chapter, "oath" includes the oath in an affidavit. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1987. 147, Sec. September 1, 2015. 4.01, eff. 602.005. About. Acts 1987, 70th Leg., ch. Came in quicker than I thought and looks great! September 1, 2009. (a) A copy of a record, declaration, protest, or other official act of a notary public may be certified by the county clerk with whom the instrument is deposited. The AAN is one of the nation's top providers of quality notary supplies. States that a peace officer appointed notary public has the same duties and powers as any other notary public. (b) In performing an online notarization, an online notary public shall verify the identity of a person creating an electronic signature at the time that the signature is taken by using two-way video and audio conference technology that meets the requirements of this subchapter and rules adopted under this subchapter. Order received today, and I am highly pleased. SEAL. I will recommend you to everyone who asks. When administering an oath or affirmation, the signer must sign the document in front of the notary. This subchapter applies only to an online notarization. Sec. APPOINTMENT. The notary public shall authenticate all official acts with the seal of office. 1, eff. To learn how to become a notary in Texas click here. Sept. 1, 2003. (d) The oath shall be signed and sworn to or affirmed by the notary public in the presence of a notary public or other person authorized to administer oaths in this state. If the governor or secretary of state ceases to hold or perform the duties of office, existing stocks of commissions bearing the person's printed name, signature, or facsimile signature may be used until they are exhausted, and the person succeeding to the office or the duties of the office shall have the commissions issued with: (1) the obsolete printed name, signature, or facsimile signature struck through; (2) the successor's printed name submitted for the obsolete printed name, signature, or facsimile signature; and. (a) A notary public other than a court clerk notarizing instruments for the court shall keep in a book a record of: (1) the date of each instrument notarized; (3) the name of the signer, grantor, or maker; (4) the signer's, grantor's, or maker's mailing address; (5) whether the signer, grantor, or maker is personally known by the notary public, was identified by an identification card issued by a governmental agency or a passport issued by the United States, or was introduced to the notary public and, if introduced, the name and mailing address of the individual introducing the signer, grantor, or maker; (6) if the instrument is proved by a witness, the mailing address of the witness, whether the witness is personally known by the notary public or was introduced to the notary public and, if introduced, the name and mailing address of the individual introducing the witness; (7) the name and mailing address of the grantee; (8) if land is conveyed or charged by the instrument, the name of the original grantee and the county where the land is located; and. See Texas Government Code 312.011. ELECTRONIC RECORD OF ONLINE NOTARIZATIONS. It should be submitted to us at This email address is being protected from spambots. 568, Sec. (5) meeting the eligibility requirements. 406, Sec. General Notary Information E-commissions are now available. OATH MADE OUTSIDE UNITED STATES. 602.001. (A) remote presentation by the person creating the electronic signature of a government-issued identification credential, including a passport or driver's license, that contains the signature and a photograph of the person; (B) credential analysis of the credential described by Paragraph (A); and. Sec. 406.016 authorizes Texas notaries to take written depositions in Texas. DEBRA. A Texas notary is a public officer appointed by the Texas Secretary of State to serve the public as an impartial witness to signing of documents. Amended by Acts 2001, 77th Leg., ch. Thank you for your wonderful customer service! Sec. Sec. Please select a state to perform a search, https://www.texasnotary.com/notary-article/what-are-the-authorized-duties-of-a-texas-notary/. The oath shall be: (1) taken before the clerk of a court of record in the city, county, or country in which the commissioner resides; (2) certified to by the clerk under the clerk's hand and seal of office; and. 859 (S.B. (b) An online notary public shall keep the online notary public's electronic record, electronic signature, and electronic seal secure and under the online notary public's exclusive control. 1, eff. (a) Not earlier than 90 days prior to the expiration date of the notary's term, a notary public may apply for reappointment on submission of a new application to the secretary of state. CHAPTER 406. Sec. Sec. 766 (H.B. Thank you for making things easy. Or you may mail it to; Notary Public Underwriters, Inc., P.O. (5) advertises the services of a notary public in a language other than English, whether by signs, pamphlets, stationery, or other written communication or by radio or television, if the person does not post or otherwise include with the advertisement a notice that complies with Subsection (b). The bond must be approved by the secretary of state, payable to the governor, and conditioned on the faithful performance of the duties of office. If the document is signed, the notary must witness the signer sign the document again in his or her presence. Fax: . Acts 1987, 70th Leg., ch. (b) The secretary of state shall assign each notary public an identifying number and keep a record of the number assigned to each notary public. Detail the extra fees in an effort to avoid any misunderstandings or complaints of excessive fees.If you need a handbook to review and understand Texas notary law, we offer a Texas Notary Handbook. SUBTITLE A. If this is your first visit be sure to check out the frequently asked questions by clicking here. QUALIFICATION. 3, eff. FEES PAID TO SECRETARY OF STATE. (b) A notary who signs a document under this section shall write, beneath the signature, the following or a substantially similar sentence: "Signature affixed by notary in the presence of (name of witness), a disinterested witness, under Section 406.0165, Government Code.". 2.16(a), eff. 1, eff. Peace Officers accepted into the Advanced Peace Officer school will receive a combined Trooper-Trainee salary of $62,226 ($5,185 monthly) for the duration of the 14-week school and, upon graduation, will earn a combined Probationary Trooper annual salary of $67,981 ($5,665 monthly) during the 6 month Field Training Officer (FTO) Program. APPLICABILITY OF SUBCHAPTER. In my opinion, theres no reason a second officer shouldn't be able to witness and verify a signature, which is all that a notary really does. 1041 (H.B. Sept. 1, 1995. APPOINTMENT PROCEDURE--STATEMENT. 435), Sec. The peace officer may not be a reserve peace officer. A notary public's official seal may be any shape and shall produce a stamped seal that is no more than one and one-half inches high and two and one-half inches wide. 1, eff. endstream endobj startxref (3) may perform an online notarization authorized under this subchapter. 1683), Sec. (a) The secretary of state may, for good cause, reject an application or suspend or revoke the commission of a notary public. Justice: when applied to a magistrate, means justice of the peace. 4, Sec. Then the Texas notary needs personal knowledge or other satisfactory evidence of the protestors identity to proceed. 2073), Sec. 147, Sec. 1683), Sec. COMMISSION; NOTARY MATERIALS. 146 0 obj <> endobj Sept. 1, 1987. 1, eff. Thank you very much . If I move, can I transfer my Texas notary commission? COPIES CERTIFIED BY COUNTY CLERK. texas peace officer notary public ' Additionally, he has over 100,000 subscribers to his YouTube channel. Amended by Acts 1995, 74th Leg., ch. Jan. 1, 1996. WOW! 1217), Sec. June 14, 2019. I am . (e) An online notary public shall immediately notify an appropriate law enforcement agency and the secretary of state of the theft or vandalism of the online notary public's electronic record, electronic signature, or electronic seal. The following are peace officers: (1) sheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code; (2) constables, deputy constables, and those reserve deputy . document.getElementById('cloak511a4a52cb6c9e16649d58f78b5e9571').innerHTML = ''; 2.15(a), eff. We will forward your changes to the Secretary of States office for you. A commissioner of deeds shall provide a seal with a star of five points in the center and the words "Commissioner of the State of Texas" engraved on the seal. REMOVAL FROM PRECINCT. Do you notarize your own affidavits and traffic tickets, as opposed to that of a fellow officer? 602.004. (b) An appointment may be made only on the recommendation of the executive authority of the state, territory, or foreign country or of the District of Columbia. You will need to complete the state required Texas notary application, and purchase the required notary bond and Texas notary seal. DEFINITION. Texas Signing Agent Errors and Omissions Insurance. (a) A notary public or its employer may charge the following fees: (1) for protesting a bill or note for nonacceptance or nonpayment, register and seal, a fee of $4; (2) for each notice of protest, a fee of $1; (3) for protesting in all other cases, a fee of $4; (4) for certificate and seal to a protest, a fee of $4; (5) for taking the acknowledgment or proof of a deed or other instrument in writing, for registration, including certificate and seal, a fee of $6 for the first signature and $1 for each additional signature; (6) for administering an oath or affirmation with certificate and seal, a fee of $6; (7) for a certificate under seal not otherwise provided for, a fee of $6; (8) for a copy of a record or paper in the notary public's office, a fee of 50 cents for each page; (9) for taking the deposition of a witness, 50 cents for each 100 words; (10) for swearing a witness to a deposition, certificate, seal, and other business connected with taking the deposition, a fee of $6; and. (d) The secretary of state may charge a fee for an application submitted under this section in an amount necessary to administer this subchapter. A Texas online notary commission is effective as of the date of qualification and will expire on the same date as the applicants corresponding traditional Texas notary public commission. Sept. 1, 1989; Acts 1989, 71st Leg., ch. (f) Failure to comply with this section is, in addition to a violation of any other applicable law of this state, a deceptive trade practice actionable under Chapter 17, Business & Commerce Code. For example, a Texas notary cannot certify a copy a divorce degree or a will since these documents can be recorded with the county clerks office. TERM. SEAL. Acts 1987, 70th Leg., ch. (d) Subsection (c) does not apply to an electronically transmitted authenticated document, except that an electronically transmitted authenticated document must legibly reproduce the required elements of the seal. You're awesome! Katrina C. en LinkedIn: #recordkeeping #notaryjournal #notarypublic #signingagents For faster approval, we file all Texas notary applications electronically with the Texas Secretary of State. In order for a Texas notary public to perform an online notarization, the notary must be physically located within the boundaries of Texas at the time of notarization. I am a customer for life with American Association of Notaries! 406.025. 766 (H.B. 12 See, Texas Practice, County & Special District Law, 7.4 13 TEX. Jan. 1, 1996; Acts 2003, 78th Leg., ch. Jan. 1, 1996. A notary public is not authorized to practice law. What is the difference between a traditional Texas notary and an online Texas notary? 406.002. The signer may either sign the document prior to or in the notarys presence. Am I a Texas notary now? (C) identity proofing of the person described by Paragraph (A). Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1987. Notary Public Underwriters Agency of Texas, Inc. 1218, Sec. Jan. 1, 1996. (2) the person who made the oath or affidavit was a member of the armed forces or an armed forces auxiliary or was a member's spouse when the oath was made. American Association of Notaries is owned by Kal Tabbara. 3, eff. 285, Sec. Having a document notarized by a Texas notary protects the integrity of the transaction. (b) When the commission is issued, the secretary of state shall supply the notary public with: (1) materials outlining the powers and duties of the office; (3) sample forms for an acknowledgment, jurat, and verification and for the administering of an oath, protest, and deposition; and. The court shall include the order for removal as part of its judgment. Acts 1987, 70th Leg., ch. An online notary public shall immediately notify the secretary of state of the loss or use by another person of the online notary public's electronic record, electronic signature, or electronic seal. Sept. 1, 1989; Acts 1995, 74th Leg., ch. (a) Immediately after the qualification of a notary public, the secretary of state shall send notice of appointment along with a commission to the notary public. We can't go around signing off as notaries on general public documents. (ii) for each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public; (6) a recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence; and. So, you are fine having another officer sign off on your POEC. The online electronic commissioning system is available on the Texas Secretary of States website. (2) a finding of guilt that has been set aside. The whole notary application process takes around seven to fourteenworking days if the information on the notary application is completed correctly. button to order notary products. 147, Sec. Having a document notarized by a Texas notary protects the integrity of the transaction. AUTHORITY. button to order notary products. Acts 1987, 70th Leg., ch. American Association of Notaries is owned by Kal Tabbara, a licensed insurance agent in Texas. a skilled Texas notary capable of providing accurate and efficient notarial services. You will find the appropriate form here. 165, Sec. Online notaries public must meet the same requirements and qualifications as a traditional Texas notary public under Subchapter A of Chapter 406 of the Government Code. My name is Katrina Caldwell. American Association of Notaries is owned by Kal Tabbara, a licensed insurance agent in Texas. The term of office of a commissioner of deeds is two years. Acts 2015, 84th Leg., R.S., Ch. You will find the appropriate form here. (a) A notary may sign the name of an individual who is physically unable to sign or make a mark on a document presented for notarization if directed to do so by that individual, in the presence of a witness who has no legal or equitable interest in any real or personal property that is the subject of, or is affected by, the document being signed. (4) "Electronic notarial certificate" means the portion of a notarized electronic document that is completed by an online notary public and contains the following: (A) the online notary public's electronic signature, electronic seal, title, and commission expiration date; (B) other required information concerning the date and place of the online notarization; and. Acts 2017, 85th Leg., R.S., Ch. A Texas Notary Public is a public servant with statewide jurisdiction who is authorized to take acknowledgments, protest instruments permitted by law to be protested (primarily negotiable instruments and bills and notes), administer oaths, take depositions, and certify copies of documents not recordable in the public records. RULEMAKING. Thanks! 731 (S.B. Added by Acts 2015, 84th Leg., R.S., Ch. You may perform official acts anywhere within the state of Texas. Malerie. (e) The following may not be considered a conviction for the purposes of determining eligibility and good cause: (1) a dismissal of a proceeding against the defendant and discharge of the defendant before an adjudication of guilt; and. 406.016. Thank you again. Since 1994, we've helped hundreds of thousands of people June 15, 2007. Sec. You also have the option to e-sign the application online(eliminating the need to print and mail your notary application). Sec. (b) A copy of an instrument certified by the county clerk under Subsection (a) has the same authority as if certified by the notary public by whom the record, declaration, protest, or other official act was originally made. Thank you so much! July 1, 2018. You need JavaScript enabled to view it. Thank you so much. If the advertisement is by radio or television, the statement may be modified, but must include substantially the same message. Under Texas Administrative Code 406.106, there are five authorized duties a Texas notary public can perform within the geographic boundaries of the state of Texas, namely: A Texas notary public can perform these authorized duties both in traditional notarizations and remote online notarizations. 168 0 obj <>/Filter/FlateDecode/ID[<47B5DD0C21EC98449EC1AAAF26CF759E>]/Index[146 47]/Info 145 0 R/Length 100/Prev 75978/Root 147 0 R/Size 193/Type/XRef/W[1 2 1]>>stream (d) In this section, "good cause" includes: (1) a false statement knowingly made in an application; (2) the failure to comply with Section 406.017; (3) a final conviction for a violation of a law concerning the regulation of the conduct of notaries public in this or another state; (4) the imposition on the notary public of an administrative, criminal, or civil penalty for a violation of a law or rule prescribing the duties of a notary public; or. The only real rule is by state law we are not allowed to notarize our own paper work. Usually when a notary certifies a copy of a document, he or she is not certifying that the primary document is genuine, but only that the copy is a true copy of the primary document. 406.054. 4181), Sec. Sec. June 20, 2003; Acts 2003, 78th Leg., ch. If you are a non-resident living in an adjoining state and have qualified as a Texas escrow agent, you are eligible for appointment as a Texas notary. 2.002, eff. Before performing the duties of office, a commissioner of deeds shall take and subscribe an oath to well and faithfully perform the duties of office under the laws of this state. 638, Sec. 406.008. BTGH didn't have a notary believe it or not. 1211, Sec. The term of office for a Texas notary public is 4 years. Sept. 1, 1987. You can purchase the bond while completing the online application process. Select the available link as applicable to the Basic Peace Officer Academy offering you desire to attend. Sec. The fee charged may not exceed the fee authorized by Subsection (a). (c) The online notary public shall take reasonable steps to ensure that the two-way video and audio communication used in an online notarization is secure from unauthorized interception. You can reach the Texas Secretary of State by telephone at 512.463.5705 or visit their website at sos.tx.us. Good Morning. Primarily, these are protests involving negotiable instruments and bills and notes that have been dishonored. 406.102. 406.052. (a) Except as provided by Subsection (b), an online notary public whose commission terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the online notary public's official electronic signature or seal. The signer must acknowledge signing the document for its intended purpose. Pursuant to Tex. (b) The secretary of state may confer with the Department of Information Resources or other appropriate state agency on matters relating to equipment, security, and technological aspects of the online notarization standards. Sept. 1, 2001. I had to fill out the paperwork but a notary public was not available where I was at. Of our notary supplies the protestors identity to proceed am a customer for life with american Association of is. Can I transfer my Texas notary makes a written statement at the request of nation. Notary seal embossers are laser engraved and require minimal effort to produce sharp raised notary seal are... Practice law the state required Texas notary two years between a traditional Texas notary capable of providing accurate efficient. Qualifications to become a Texas notary protects the integrity of the transaction june 14 1989! 13 TEX 12 See, Texas 78701 notarize your own affidavits and traffic tickets, as opposed to that a! 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