To become a Texas notary public, you need to be at least 18, a Texas resident with no disqualifying criminal history, complete the Secretary of State’s education course, obtain a $10,000 surety bond, submit Form 2301 with a $21 filing fee through the SOS Notary Portal, and take the oath of office before performing any notarial acts. The commission lasts four years. Every step below is required, and skipping any one of them leaves you unable to lawfully notarize a document.
Who Qualifies
Texas Government Code Section 406.004 sets two baseline qualifications: you must be at least 18 years old and a Texas resident.1State of Texas. Texas Government Code Chapter 406 – Notary Public – Section: Sec. 406.004. Eligibility You also cannot have a felony conviction or a conviction for a crime involving moral turpitude. That second category covers offenses rooted in dishonesty or intentional harm, such as fraud, theft, or forgery.
These aren’t one-time gates. If the Secretary of State later discovers a commissioned notary no longer meets the standards, the office has authority to revoke the commission.
Complete the State Education Course
All first-time applicants must complete an education course offered through the Secretary of State’s office before applying.2Office of the Texas Secretary of State. Notary Public Educational Information Renewing notaries have to take it again too.
The course is delivered through the SOS Notary Portal, and you have to complete the interactive version inside the portal to get credit. Reading the course transcripts posted on the Secretary of State’s website is not enough.
Get a $10,000 Surety Bond
Before you submit your application, you need a $10,000 surety bond from a company licensed to do business in Texas.3State of Texas. Texas Government Code 406.010 – Bond; Oath The bond must be payable to the governor and conditioned on your faithful performance of notarial duties. The surety company’s authorized representative signs the bond portion of Form 2301.
Understand what the bond does and does not do. It protects the public, not you. If you make an error or commit misconduct that causes someone financial harm, the surety company pays the claim and then comes after you for reimbursement.
That gap is why some notaries also buy errors and omissions insurance. E&O insurance protects your personal assets if someone sues you over a notarial mistake, and it can cover the cost of hiring an attorney. It is optional in Texas, but worth considering if you expect to handle high-volume or high-value documents.
Submit Your Application Through the SOS Portal
The core application document is Form 2301, “Application to Become a Traditional Notary Public.”4Texas Secretary of State. Forms and Fees The filing fee is $21.
Texas no longer accepts mailed notary applications. Everything goes through the Secretary of State’s online SOS Notary Portal.5Office of the Texas Secretary of State. Notary Public Create an SOS Portal account, then follow the steps to upload your application and bond information and pay the filing fee online. You receive a confirmation email after submission. Once the Secretary of State approves your application, you receive your commission certificate, which lists the start and end dates of your authority. Anyone can verify an active commission through the Secretary of State’s online Notary Public Search tool.
Take the Oath of Office
Before you perform your first notarial act, you must take the official oath required by the Texas Constitution.3State of Texas. Texas Government Code 406.010 – Bond; Oath The Secretary of State sends an oath of office form along with your commission and educational materials.
Sign and swear or affirm the oath in front of another notary or someone else authorized to administer oaths in Texas. You cannot administer your own oath. Skipping this step means you are not legally qualified to act, even though your commission certificate has already arrived.
Order Your Notary Seal
Every Texas notary must have a seal of office before performing any notarial acts. The seal must clearly display the following elements when embossed, stamped, or printed on a document:6Office of the Texas Secretary of State. Statutory References for Notary Seal Requirements
- A star of five points with the words “Notary Public, State of Texas” around it
- Your name exactly as it appears on your commission
- Your commission expiration date
- Your notary ID number, required for all notaries commissioned or renewed on or after January 1, 2016
Older guides sometimes omit the ID number and expiration date, but both are required under current law. Customized stamps that meet these specifications typically run $18 to $50 from office supply and specialty vendors.
Term Length and Renewal
A Texas notary commission expires four years after the date you qualify for office.7State of Texas. Texas Government Code Chapter 406 – Notary Public – Section: Sec. 406.002. Term There is no automatic renewal. To continue after your term ends, you go through the full process again: complete the education course, obtain a new surety bond, submit a new application through the SOS Portal, and pay the filing fee.8Office of the Texas Secretary of State. Submit or Renew a Traditional Notary Application
If Your Name Changes During Your Term
You can update a legal name change through the SOS Notary Portal. You’ll need a rider or endorsement from your surety bonding company reflecting the new name and a $20 filing fee.9Office of the Texas Secretary of State. Frequently Asked Questions for Notaries Public You’ll also need a new seal showing your updated name. Do not continue notarizing under your former name after the change has been processed.
What the Commission Does Not Let You Do
A Texas notary commission does not make you a legal professional. Unless you are also a licensed attorney, you are prohibited from drafting legal documents, giving legal advice, or selecting documents for someone to sign.5Office of the Texas Secretary of State. Notary Public You also cannot represent anyone before a government agency, accept compensation for preparing documents on someone’s behalf, or hold yourself out as an immigration specialist or consultant.
These restrictions exist because in many Latin American countries a “notario” is a powerful legal professional, and some people unfamiliar with the U.S. system assume a Texas notary public offers the same services. Advertising or implying that you do constitutes the unauthorized practice of law in Texas.
One other line matters just as much once you’re commissioned. The signer must physically appear in front of you at the time of the notarization, and you verify identity using a government-issued ID, a U.S. passport, or personal knowledge.10State of Texas. Texas Government Code Chapter 406 – Notary Public – Section: Sec. 406.016. Authority Notarizing a signature for someone who did not personally appear is a Class A misdemeanor, and a state jail felony if the document involves real property. Friends and relatives will ask. The right answer is no.