To get a notary stamp in Texas, you first earn a four-year commission from the Secretary of State. That means confirming you’re eligible, completing a short education course, buying a $10,000 surety bond, submitting Form 2301 through the online Notary Portal with a $21 fee, and taking the oath of office. Only after your commission is issued do you order the physical stamp from a private vendor. Start to finish, most applicants are stamping documents within a few weeks.
Who Qualifies
Texas law sets three baseline qualifications: you must be at least 18, a Texas resident, and free of any disqualifying criminal history.1State of Texas. Texas Government Code 406.004 – Eligibility A felony conviction or a conviction for a crime involving moral turpitude will disqualify you unless the conviction has been set aside or you’ve received a pardon or a certificate restoring your citizenship rights.
“Moral turpitude” is broader than people expect. Under Texas administrative rules, it covers crimes involving dishonesty, fraud, deceit, deliberate violence, or conduct reflecting on your trustworthiness. Class A and B misdemeanors can count; Class C misdemeanors generally won’t. If you have any doubt about something in your record, sort that out before you spend money on the bond and filing fee.
Take the Required Education Course
Before you apply, you must pass an education course established and offered by the Secretary of State’s office. It runs no more than two hours and is required for both new applicants and renewing notaries.2State of Texas. Texas Government Code Chapter 406 – Notary Public The course covers the duties and legal responsibilities of a Texas notary. Skipping it will stop your application. Complete it through the Secretary of State’s website before you move on.
Get a $10,000 Surety Bond
Every applicant must obtain a $10,000 surety bond before the state will process an application.3Texas Secretary of State. Forms and Fees The bond protects the public, not you. If someone suffers financial harm because of your negligence or misconduct, they can file a claim against your bond. If the surety company pays that claim, you owe the surety back.
The bond itself is cheap. Most applicants pay between $15 and $40 for the full four-year term, depending on the bonding company. The company issues Form 2301-B, which you and an authorized representative of the surety both sign. You’ll upload it during your application.
Because the bond only protects the public, some notaries also carry errors and omissions insurance for themselves. An E&O policy covers your legal defense and any payouts if someone alleges you made a mistake. It’s optional, but worth considering if you plan to notarize frequently, especially anything touching real property.
File Your Application With the Secretary of State
The application is Form 2301 for a traditional notary public. Watch out for a common mixup: the Secretary of State’s forms page also lists Form 2101, but that’s a payment transmittal form, not the notary application.3Texas Secretary of State. Forms and Fees All applications must be submitted through the online Notary Portal. The Secretary of State does not accept paper applications.4Secretary of State (Texas). Submit or Renew a Traditional Notary Application
You’ll provide your personal information, the exact name you want on your commission, and answers to questions about your criminal history. You’ll upload the signed bond form and pay the $21 fee. Be careful with your name: your seal must match your commissioned name exactly. A false statement on the application can result in denial or revocation and may be a criminal offense under the Texas Penal Code.
Processing usually takes one to two weeks after submission. Once approved, the Secretary of State issues your commission certificate showing your name, unique notary identifying number, and expiration date. Your commission lasts four years from the date you qualify.2State of Texas. Texas Government Code Chapter 406 – Notary Public
Take the Oath of Office
Before you perform any notarial acts, you must take the oath of office required by the Texas Constitution. You cannot administer it to yourself. You have to take it in the presence of another notary or someone else authorized to administer oaths in Texas.2State of Texas. Texas Government Code Chapter 406 – Notary Public The oath must be signed and sworn to or affirmed. Skip this step, or self-administer, and you haven’t legally entered office. Any notarizations you perform in that state could be challenged.
Buy Your Notary Stamp
With your commission certificate in hand, you can order your physical stamp from a private vendor or office supply company. Vendors will ask to see the certificate to confirm you’re commissioned. Expect to pay about $25 to $50 for the stamp, depending on style and vendor.
Texas is specific about what your seal must contain:2State of Texas. Texas Government Code Chapter 406 – Notary Public
- Shape: circular no more than two inches in diameter, or rectangular no more than one inch by two and a half inches, with a serrated or milled edge border.
- The words “Notary Public, State of Texas” arranged around a five-pointed star.
- Your name exactly as it appears on your commission.
- Your unique notary identifying number.
- Your commission expiration date.
Every element is required. A seal missing any of them isn’t legally valid. When the stamp arrives, check every detail against your commission certificate before you use it on a single document.
Set Up Your Record Book
Texas requires every notary to keep a record book logging each notarization. Physical bound journal or electronic records both work. For each notarized instrument, you must record the date of the instrument and the date of the notarization, the signer’s name and mailing address, how you verified the signer’s identity (personal knowledge, a government-issued ID or U.S. passport, or introduction by a third party whose name and address you also record), the grantee’s name and mailing address if applicable, and a brief description of the instrument. If the instrument involves land, add the name of the original grantee and the county where the land is located.2State of Texas. Texas Government Code Chapter 406 – Notary Public
Your record book entries are public information. You must provide certified copies to anyone who requests them and pays the applicable fee, and you must keep the records until the tenth anniversary of the notarization.
Fees You Can Charge
Texas caps what a notary can charge per act. These are ceilings, not required charges, and many notaries charge less or nothing when working for their employer. For any notarial act not specifically listed in the statute, the maximum is $10.5State of Texas. Texas Government Code 406.024 – Fees Charged by Notary Charging more than the statutory amount is a violation. If you plan to work as a mobile notary, travel fees are separate and aren’t regulated by the same statute, but they should be reasonable and disclosed up front.
If You Want to Notarize Online
A traditional Texas notary commission does not include remote online notarization. RON requires a separate application (Form 2301ON) filed through the same Notary Portal.3Texas Secretary of State. Forms and Fees Online notaries verify the signer through personal knowledge or by having them present a government-issued photo ID on camera, followed by credential analysis and identity proofing, and the certificate must note that the notarization was performed online.6State of Texas. Texas Government Code 406.110 – Online Notarization Procedures Generally Electronic records of online notarizations must be kept at least five years, separate from the ten-year rule for traditional records.
Renewing Your Commission
Your commission expires four years after you qualify, and renewal isn’t automatic. You complete the education course again, secure a new surety bond, and file a renewal application with the $21 fee through the Notary Portal, essentially repeating the original process.4Secretary of State (Texas). Submit or Renew a Traditional Notary Application If your commission lapses before you renew, you must complete the education requirements again before being reappointed.2State of Texas. Texas Government Code Chapter 406 – Notary Public Start at least a month before your expiration date to avoid any gap in your authority.
Penalties for Getting It Wrong
Knowingly notarizing a document improperly is a Class A misdemeanor in Texas. If the document transfers real property or any interest in real property, the charge is a state jail felony. A careless notarization on a deed carries far heavier consequences than one on a general affidavit.
You also face civil liability for damages your misconduct causes. Your $10,000 bond provides the initial pool for claims, but if damages exceed that amount, you’re personally on the hook, and the surety will come after you for anything it paid out. This is where E&O insurance earns its keep.
The most common way notaries get into trouble is straying past their authority. A Texas notary cannot give legal advice, help someone choose or prepare legal documents, or act as an immigration consultant. Those activities cross into the unauthorized practice of law, no matter how helpful you’re trying to be. If someone asks you what a document means or which form they need, refer them to an attorney.