To become a notary public in Texas, you apply online through the Secretary of State’s SOS Notary Portal, post a $10,000 surety bond, pay a $21 filing fee, and take the constitutional oath of office once your commission is approved. The commission lasts four years. Most applicants finish the process in under two weeks.
Who Qualifies
Texas Government Code § 406.004 sets three requirements. You must be at least 18, a Texas resident, and free of any conviction for a felony or a crime involving moral turpitude.1State of Texas. Texas Government Code Chapter 406 – Notary Public – Section 406.004 U.S. citizenship is not required.
“Moral turpitude” generally covers offenses involving dishonesty or fraud, such as perjury, forgery, theft, or embezzlement. If you have a conviction of that kind that has not been dismissed or set aside by a court, you are ineligible. The Secretary of State runs a background check on every applicant, and if the office later discovers that a commissioned notary was never eligible, it will revoke the commission.1State of Texas. Texas Government Code Chapter 406 – Notary Public – Section 406.004
Traditional notary applicants do not have to complete a training course or pass an exam. Taking a short voluntary course is still a good idea, because notarial mistakes can create personal liability. The Secretary of State sends educational materials along with your commission.
What to Gather Before You Apply
Two things need to be ready before you log into the portal: your surety bond and a payment method for the filing fee.
The $10,000 Surety Bond
Every Texas notary must obtain a $10,000 surety bond from a company authorized to do business in the state.2Texas Secretary of State. Form 2301-B – Texas Notary Public Surety Bond The bond is payable to the governor and protects members of the public from financial loss caused by a negligent or intentional error on your part. It does not protect you. If the surety pays a claim against your bond, it can seek full reimbursement from you.
The bond itself costs far less than its face value. Most surety companies charge between $50 and $100 for the four-year term, and prices vary, so it pays to shop around. When you buy the bond, the surety completes Form 2301-B, which you upload with your application.3Office of the Texas Secretary of State. Forms and Fees
The Filing Fee
The application fee for a traditional notary commission is $21, paid online during submission.3Office of the Texas Secretary of State. Forms and Fees It is not refundable if the application is denied.
Submitting the Application
All Texas notary applications go through the Secretary of State’s online portal. Paper applications are no longer accepted.3Office of the Texas Secretary of State. Forms and Fees Older instructions telling you to mail Form 2301 to a P.O. Box in Austin are out of date.
Start at the Secretary of State’s notary page and follow the link to the SOS Notary Portal.4Office of the Texas Secretary of State. Notary Public Create a portal account if you don’t already have one. The application asks for your full legal name (exactly as you want it printed on your notary seal), your Social Security number, and your county of residence.5Texas Secretary of State. Sample Application for Appointment as Texas Notary Public – Form 2301 You upload the completed surety bond and pay the $21 fee before submitting.
If you have any criminal convictions, the application requires you to upload the court orders and sentencing documents along with a written statement describing each conviction.4Office of the Texas Secretary of State. Notary Public Because the office runs a background check, do not omit anything. After you submit, you’ll get a confirmation email, and a second email once processing is complete.
After Approval: Oath and Seal
Getting your commission certificate doesn’t mean you can start notarizing yet. Texas law requires you to take the constitutional oath of office first.6State of Texas. Texas Government Code Chapter 406 – Notary Public – Section 406.010 The Secretary of State sends an oath form with your commission packet.
You have to sign and swear (or affirm) the oath in front of another notary or someone else authorized to administer oaths. You cannot administer your own. Your four-year term runs from the date you qualify, which is the date you complete the oath.7State of Texas. Texas Government Code Chapter 406 – Notary Public – Section 406.002
You also need a seal of office before notarizing anything. Texas Government Code § 406.013 spells out what the seal must contain:8State of Texas. Texas Government Code Chapter 406 – Notary Public – Section 406.013
- The words “Notary Public, State of Texas” arranged around a five-pointed star
- Your name exactly as it appears on your commission
- Your identifying number, assigned by the Secretary of State
- Your commission expiration date
- A shape that is either circular (no more than two inches in diameter) or rectangular (no more than one inch by two and a half inches)
- A serrated or milled border
Rubber stamps must use indelible ink so the impression photographs cleanly.8State of Texas. Texas Government Code Chapter 406 – Notary Public – Section 406.013 You may not share your seal or use it for anything other than your official notarial acts. Even if your employer paid for the seal, it belongs to you.
Start Your Record Book on Day One
From the first notarization onward, you must keep a record book (a journal) documenting each act. For every transaction, you record:9State of Texas. Texas Government Code Chapter 406 – Notary Public – Section 406.014
- The date of the instrument and the date of the notarization
- The signer’s name and mailing address
- How you identified the signer: personal knowledge, government-issued ID or U.S. passport, or introduction by a third party (with that third party’s name and address)
- The grantee’s name and mailing address
- For a land document, the name of the original grantee and the county where the land sits
- A short description of the instrument
Electronic record books are allowed. All entries are public information, and you must provide a certified copy on request for your fee. Records must be kept for at least 10 years after the notarization, and that obligation outlives your commission.9State of Texas. Texas Government Code Chapter 406 – Notary Public – Section 406.014
One more housekeeping duty: if you move, notify the Secretary of State within 10 days. There is no fee for the update.10State of Texas. Texas Government Code Chapter 406 – Notary Public – Section 406.019
Renewing Every Four Years
A Texas commission expires four years after the date you qualified.7State of Texas. Texas Government Code Chapter 406 – Notary Public – Section 406.002 To continue, apply for reappointment through the SOS Notary Portal before your term ends.4Office of the Texas Secretary of State. Notary Public You’ll need a new surety bond and a new filing fee, the same as the first time around.
If you let your commission lapse, you can still apply for a fresh one, but the new four-year term runs from the date you qualify again.11State of Texas. Texas Government Code Chapter 406 – Notary Public – Section 406.011 You will also need a new seal showing the updated expiration date. Starting renewal two to three months out gives you time to line up a bond and avoid a gap.
A Note on Remote Online Notarization
A traditional commission does not authorize you to notarize documents remotely. Texas allows remote online notarization using live two-way audio-video, but it requires a separate commission through the SOS Notary Portal, a state-approved education requirement you must pass, an x.509 digital certificate, a digital seal file, and a state-approved RON platform.12Texas Secretary of State. Submit or Renew an Online Notary Application Guide If you already hold a traditional commission, you link your existing profile in the portal before applying for the online commission. Factor in the extra costs for the certificate, platform subscription, and any additional insurance before deciding whether to add it.