Becoming a Notary Public in Texas is a straightforward process that opens doors to serving your community by authenticating signatures and administering oaths. This guide will walk you through the necessary steps to become a commissioned Texas Notary Public.
Eligibility Requirements to Become a Texas Notary
Before you begin your application, ensure you meet the basic eligibility criteria set by the Texas Secretary of State. To qualify as a Notary Public in Texas, you must:
- Be a Resident of Texas: You must legally reside in the state of Texas.
- Be At Least 18 Years of Age: Applicants must be a minimum of 18 years old.
- Have No Felony Convictions or Crimes of Moral Turpitude: A clean criminal record is essential. Specifically, you must not have convictions for felonies or crimes involving moral turpitude. Moral turpitude generally refers to offenses that are considered inherently base, vile, or depraved, often involving dishonesty or immoral behavior. Theft and various misdemeanors can fall under this category.
The Texas Secretary of State’s office conducts background checks on all notary applicants to verify these requirements.
Applying to Become a Texas Notary Public
The application process varies slightly depending on the type of notary commission you are seeking. Texas offers three types of notary commissions: Traditional Notary Public, Online Notary Public, and State Employee Notary Public. Let’s explore the application process for each.
Traditional Notary Public: Notarizing Paper Documents
A Traditional Notary Public is authorized to notarize tangible, paper documents. This is the most common type of notary commission. Here’s how to apply:
Step 1: Review the Notary FAQs and Education Materials.
Familiarize yourself with the responsibilities and regulations of a Texas Notary Public. The Texas Secretary of State provides helpful resources:
- Notary FAQs: Review the Notary FAQs to understand common questions and answers about notary services in Texas.
- Notary Education Materials: Study the Notary Education Materials to gain a comprehensive understanding of Texas notary law and best practices.
Step 2: Complete the Required Training.
Texas mandates notary training for all applicants.
- Start Your Training: Access the official Notary Training provided by the Texas Secretary of State. This training will cover essential aspects of your role and responsibilities.
Step 3: Understand the Application Instructions.
Carefully review the application instructions to ensure you complete the application accurately.
- Traditional Notary Application Instructions (PDF): Download and review the instructions (PDF) for submitting a Traditional Notary Application.
- Instructions for Bonding Agency Applications (PDF): If a bonding agency is assisting with your application, refer to these specific instructions (PDF).
Step 4: Obtain a Notary Public Surety Bond.
A surety bond protects the public from potential errors or misconduct by a notary.
- Proof of Surety Bond: Obtain proof of a Notary Public Surety Bond from a Texas-licensed bonding company. This bond is a requirement for your commission. The bonding agency must complete the form.
Step 5: Submit Your Application.
The final step is to submit your application online through the SOS Portal.
- SOS Portal System: Submit your Application to become a Notary Public via the Secretary of State’s online portal.
Required Documents (If Applicable):
If you have a criminal history, you may need to provide additional documentation:
- Criminal Conviction Paperwork: Copies of court orders and sentencing paperwork for any criminal convictions.
- Statement of Circumstances: A written statement detailing the nature, circumstances, date, and location of each conviction.
Online Notary Public: Performing Remote Online Notarizations (RON)
An Online Notary Public, also known as a Remote Online Notary (RON), can perform notarizations remotely using secure audio-visual technology. This offers convenience and expands your reach. The application process is similar to that of a Traditional Notary, with a few key additions:
Step 1: Review FAQs and Online Notary Education Materials.
- Notary FAQs: Review the Notary FAQs.
- Online Notary Education Materials: Study the Online Notary Education Materials to understand the specific requirements and procedures for online notarization in Texas.
Step 2: Complete the Required Training.
- Start Your Training: Access the official Notary Training.
Step 3: Understand the Application Instructions for Online Notaries.
- Online Notary Application Instructions (PDF): Review the instructions (PDF) on how to apply for an Online (RON) Notary Public commission.
Step 4: Obtain a Digital Certificate and Electronic Seal.
Online notaries require specific technological tools to ensure secure online notarizations.
- Digital Certificate and Electronic Seal: Obtain a x.509 compliant digital certificate and an electronic seal from a trusted third-party vendor. Refer to the Getting Started page for more information on this process.
Step 5: Submit Your Application.
- SOS Portal System: Submit your Application to become a Notary Public through the SOS Portal.
Required Documents (If Applicable):
- Criminal Conviction Paperwork: Copies of court orders and sentencing paperwork for any criminal convictions.
- Statement of Circumstances: A written statement detailing the nature, circumstance, date, and location of each conviction.
State Employee Notary Public: Serving State Agencies
A State Employee Notary Public is a Traditional Notary who works for a Texas state agency or university. Their notarization services are limited to official state business and cannot be offered to the general public. The application process for State Employees includes additional steps related to state employment:
Step 1: Review FAQs and Education Materials.
- Notary FAQs: Review the Notary FAQs.
- Notary Education Materials: Study the Notary Education Materials.
Step 2: Complete the Required Training.
- Start Your Training: Access the official Notary Training.
Step 3: Understand the Application Instructions for State Employees.
- State Employee Notary Application Instructions (PDF): Review the specific instructions (PDF) for State Employees applying for a Notary Public commission.
Step 4: Complete the SORM-203 Acknowledgement Form.
- SORM-203 Form: Complete the [SORM-203 Acknowledgement Form](guides/State%20Employee%20Notary%20Application.pdf – Note: The original text links to the application instructions PDF again here, assuming SORM-203 is within or linked from that document. Verify the correct link if possible.). This form is specific to state employee applications.
Step 5: Obtain an Interagency Voucher (ITV).
- Interagency Voucher (ITV): Secure an Interagency Voucher (ITV) to cover the application fee. This voucher is used for payments between state agencies.
Step 6: Submit Your Application.
- SOS Portal System: Submit your Application to become a Notary Public via the SOS Portal.
Required Documents (If Applicable):
- Criminal Conviction Paperwork: Copies of court orders and sentencing paperwork for any criminal convictions.
- Statement of Circumstances: A written statement detailing the nature, circumstance, date, and location of each conviction.
After You Submit Your Notary Application
Once you have submitted your application through the online system, here’s what to expect:
- Confirmation Email: You will receive an email confirming receipt of your application.
- Processing Notification: The Secretary of State’s office will process your application and send you an email notification once it’s reviewed.
- Approval: If your application is approved:
- The approval email will contain instructions on how to access the SOS Portal Notary system to download your official Notary Public Commission.
- You must then sign your Notary Public Commission under oath in the presence of another, already commissioned notary public or another authorized official. Important Note: You cannot notarize your own commission.
- Denial/Rejection: If your application is denied or rejected:
- The notification email will include information regarding the reason for denial and instructions on how to reapply or appeal the decision, if possible.
Maintaining Your Notary Commission
Being a Notary Public comes with ongoing responsibilities. You can manage aspects of your commission through the SOS portal and utilize resources provided by the Secretary of State:
- Manage Your Commission (PDF): Learn how to manage your commission, including renewals, by reviewing this guide (PDF).
- Request Replacement Commission (PDF): If your commission certificate is lost or damaged, you can request a replacement using this form (PDF).
- Update Mailing Address (PDF): Keep your official mailing address current by using the address update form (PDF).
- Update Digital/Electronic Seal (PDF): Online Notaries can update their digital certificates and electronic seals using this guide (PDF).
- Update Name (PDF): If you legally change your name, use the name update form (PDF) to update your commission information.
Notary Public Complaints and Disciplinary Actions
It is crucial to perform your notary duties ethically and legally. The Texas Secretary of State’s office handles complaints against notaries.
- Notary Complaints: Individuals harmed by a Texas Notary Public’s actions can file a complaint with the Office.
- Disciplinary Action: The Office of the Texas Secretary of State can take disciplinary action against notaries for misconduct.
To avoid complaints and disciplinary actions, familiarize yourself with the relevant Texas laws and regulations:
- Texas Government Code §406: Review Texas Government Code §406 which outlines notary public regulations.
- Civil Practice and Remedies Code §121: Consult Civil Practice and Remedies Code §121 regarding notary liabilities.
- Texas Administrative Code Title 1 Chapter 87: Refer to Texas Administrative Code Title 1 Chapter 87 for detailed rules governing notary publics.
For more information or to file a complaint, visit the Notary Complaints webpage.
Becoming a Notary Public in Texas is a valuable service to offer. By following these steps and adhering to the regulations, you can successfully obtain and maintain your commission, serving your community with integrity and professionalism.
