Texas notary law
Find the rules for a Texas notarization: appearing before the notary, proving identity, keeping records, and completing the right certificate. Start with your question below, then follow the official source for the details. Looking for a foreign-passport or apostille answer? The related Texas guides are linked below.
Signing electronically and appearing remotely are different things. The procedure depends on both the document and how the signer appears before the notary.
The signer appears physically before the notary. Texas also permits certain electronic documents to be notarized in person; an electronic signature alone does not make the act an online notarization.
Traditional and electronic notary questionsA Texas online notary uses two-way audio and video under Subchapter C of Chapter 406. The notary must be in Texas; the signer may be elsewhere. Identity, document eligibility, certificate and record requirements still apply.
Online notary guidanceHave the complete document, identification, and any written signing or delivery instructions ready. Confirm whether the document needs witnesses, a paper original or an electronic file before choosing the service. A Texas document does not automatically require a Texas notary; the document's applicable law and execution requirements determine which notarial authority can be used.
Check the common questionsThese are starting points for understanding the requirements, with links to the relevant Texas Secretary of State materials.
Section 406.110(b) identifies two routes: the online notary's personal knowledge of the signer, or all three credential-based steps. Those steps are remote presentation of a government-issued ID containing a photograph and signature, credential analysis, and identity proofing. Both methods require compliant two-way audio and video appearance. The previously reviewed SOS guidance describes dynamic knowledge-based authentication (KBA) for identity proofing; current implementing requirements must be checked for the actual session.
SOS materials also discuss credible witnesses. Do not assume a witness automatically replaces the online identity steps; confirm the authority and requirements for the particular act.
A selfie or an ID scan alone does not establish that the Texas identity-proofing requirements were met. Read the SOS identity-proofing and credential-analysis guidance alongside Section 406.110 and Chapter 87. For a non-U.S. passport, use the Texas foreign-passport guide to check the document-specific restriction and the separate statute and SOS training language.
The certificate describes the notarial act, such as an acknowledgment or a jurat. The SOS explains that a notary who is not an attorney cannot select the type of certificate for you. If the document lacks one, obtain instructions from its drafter or legal adviser before the appointment.
For an online act, Section 406.110(d) also requires the certificate to identify the notarization as online and indicate whether the signature was tangible or electronic.
Texas requires notarial records even when no fee is charged. Section 406.014(g), added by SB 693 in 2025, requires the journal records covered by that section to be retained until the tenth anniversary of the notarization.
Online acts also require records and audio-video recordings under Section 406.108, with backup and security protections. Its subsection (c) specifies at least five years for the electronic record. That is not permission to dispose of every record after five years. The ten-year journal duty and the online-record minimum concern distinct requirements; check the applicable record type and current rule before disposal.
Read the online record-keeping requirements. Traditional record-book requirements are covered in the SOS notary FAQs.
Section 406.024 sets fees by notarial act. Section 406.111 allows an additional online-notarization fee of up to $25. Ask for an itemized quote that identifies the notarial acts and any separate services; the online fee is not a universal total price for every document.
See the SOS online fee explanation and examples and the current statute.
No. Document-specific laws can limit electronic signing and remote appearance. The SOS specifically flags wills, codicils and testamentary trusts in its online-notary guidance. Check the document's execution requirements, including witnesses, before scheduling.
Read the opening notice in the SOS online-notary educational information.
For appointment and reappointment applications submitted on or after January 1, 2026, the adopted SOS education rules require the applicable state-provided education or continuing education. Use the SOS Notary Portal instructions; traditional and online commissions have separate course requirements.
Online-notary authority requires a current traditional Texas commission and a separate online application. A private course or platform account is not a state commission.
Start at the Texas notary public page and online-notary getting-started guide.
These procedures deserve a separate check before the session.
Section 406.1103 addresses tangible documents. The notary must reasonably confirm that the document before them is the same one signed or addressed by the signer. Read the full procedure before arranging signing and delivery; the notary must follow a procedure authorized by that section.
For the acknowledgment procedure in subsection (b), the acknowledgment is displayed to and identified by the principal during the recording. The recording also captures the principal signing the document and its included or securely attached declaration. The principal sends both by the third day after the act. The notary receives both by the tenth day after the act, then completes the required certificate. Subsection (e) also permits other procedures that satisfy the same-document requirement.
Section 406.1103Section 406.1107 addresses online oaths and affirmations, including identification and recording requirements, subject to other applicable Texas law. The recording must capture the person taking the oath or affirmation and be retained under Section 406.108. An oath or affirmation is an act the person performs, not just text added to a certificate.
Section 406.1107The electronic seal image and the digital certificate serve different purposes. Section 406.109 requires the notary to keep the electronic signature, seal and records secure and under the notary's exclusive control.
The SOS online-notary FAQs say to use the seal and digital certificate submitted with the online application, and prohibit multiple seals or certificates. Replacement copies must be submitted through the SOS Notary Portal within ten days. Check this before moving between platforms that issue different credentials.
SOS application and credential-update instructionsExplore the Texas guides
These Notary Geek resources cover different parts of the same document workflow.
Check acknowledgment identity options, the separate online methods, appointment preparation and failed-check recovery. The guide distinguishes current statutory text from retained SOS training.
Texas foreign-passport rulesUse the detailed law notes for identity verification, tangible documents, online oaths and registration of the notary's seal and digital certificate.
Texas law notes and source recordsStart with who issued or notarized the document. A Texas-issued record keeps its Texas authentication route; a new notarization follows the actual notary's jurisdiction.
Texas apostille and document routingCheck the dated processing information and official office instructions before arranging delivery. Government processing and shipping are separate parts of the timeline.
Texas apostille processing informationTexas law JSON · Section-by-section source breakdown · Texas state-note JSON · Texas in the state knowledge library
For a workflow spanning jurisdictions, use the Notary Geek Notarial Routing Model.
Statutes and applicable administrative rules govern the act. SOS educational pages explain the procedures; they are guidance, not a replacement for the law in effect on the notarization date.
The notary statute: commissions, duties, seals, records, fees and online notarization. Subchapter C covers online notaries.
Open Chapter 406Civil Practice and Remedies Code Chapter 121 separately addresses acknowledgments and proofs, including the identification provisions in Section 121.005.
The SB 1780 text supplies the tangible-document, certificate and online-oath amendments effective January 1, 2024. Session laws show those amendments, not every later change to the code.
The SOS administrative rules address commissioning and notarial procedures, including online technology and identity verification.
Open Title 1, Part 4, Chapter 87Find applications, renewals, required education and notary searches through the official notary public page. Use the official complaint instructions for a notary conduct concern.
Open Texas SOS notary servicesChapter 406 and the cited SOS guidance were reviewed for this hub on . The linked passport guide carries a separate November 6 statutory review and records its unsuccessful SOS rechecks (HTTP 403); current implementing-rule retrieval remains incomplete. Published by Greg Lirette / Notary Geek, a private Florida-based service. This page provides general information, not legal advice.
For a new notarization, start with the signer upload path. For apostille or authentication help, choose the document-review route that fits the document's stage and your role. Include the document facts and any written receiving-office instructions. We agree the service details and total before payment or fulfillment.
Notary Geek is based in Florida. This Texas law resource does not mean your appointment will be with a Texas-commissioned notary; the notary's jurisdiction and eligibility must be established for your document.
