To start a notary business in Texas, you apply to the Secretary of State for a four-year commission, post a $10,000 surety bond, pay a $21 filing fee, and then set up the business around it: a name registration if you’re not using your own, a compliant seal and journal, errors and omissions insurance, and, if you want the service, a separate application for remote online notarization. The commission itself is inexpensive and open to most adult residents. The work of turning it into a business is where the real decisions happen.
Who Qualifies
Texas Government Code Section 406.004 sets three qualifications: you must be at least 18, a Texas resident, and free of any felony conviction or conviction for a crime involving moral turpitude.1State of Texas. Texas Government Code Chapter 406 – Notary Public Moral turpitude covers offenses tied to dishonesty, such as fraud, theft, or forgery. If the Secretary of State later finds you didn’t meet these standards, the application is rejected or the commission revoked.
Texas does not require a training course or an exam for a traditional commission. The state relies on the background check and the surety bond as its safeguards, which keeps the barrier to entry low compared with states that mandate testing.
Post the Bond and Take the Oath
Before you notarize anything, you have to execute a $10,000 surety bond with a company authorized to do business in Texas.2State of Texas. Texas Government Code 406.010 – Bond; Oath The bond protects the public, not you. If a member of the public suffers a financial loss from your negligence or misconduct, the surety pays the claim and then seeks reimbursement from you. Premiums typically run around $50 for the full four-year term.
You also take the oath of office required by Article XVI, Section 1 of the Texas Constitution. The oath has to be signed and sworn before another notary or someone else authorized to administer oaths; you can’t swear yourself in.2State of Texas. Texas Government Code 406.010 – Bond; Oath A statement of officer goes in with the application package as well.
File the Application
The application is Form 2301, filed through the Secretary of State’s Notary Portal along with your surety bond form (Form 2301-B) and a $21 filing fee.3Office of the Texas Secretary of State. Forms and Fees Paper applications aren’t accepted under normal circumstances; if you can’t use the online system, contact the office at notary@sos.texas.gov or 512-463-5705 to request a paper version, which takes longer to process. The electronic submission needs an image of the bond signed by an officer or attorney-in-fact for the surety.4Cornell Law School. 1 Texas Admin Code 87.3 – Electronic Submission of Traditional Notary Public Application Hold onto the original signed application, bond, and statement of officer until the commission is issued.5Office of the Texas Secretary of State. Notary Public
You’ll get a confirmation email at submission and another notice when processing is complete. Approval brings a commission certificate and identification card, valid for four years from the date of qualification. Only after the commission issues can you buy your seal and start performing notarial acts.
Seal and Journal
Texas Government Code Section 406.013 dictates the seal: the words “Notary Public, State of Texas” around a five-pointed star, your full name, your notary ID number, and your commission expiration date.1State of Texas. Texas Government Code Chapter 406 – Notary Public The seal may be circular (up to two inches across) or rectangular (up to one by two and a half inches), with a serrated or milled border. A rubber stamp must use indelible ink so it photocopies clearly. You may not give a copy of your seal to anyone or affix it to anything other than to authenticate your own official act. Stamping blank pages or letting someone borrow the seal violates the statute.
Every notary (except a court clerk notarizing for the court) has to keep a record book with an entry for each notarization. Section 406.014 requires details on the instrument, the signer, how you identified them, any witness, and, for land conveyances, the original grantee and county.1State of Texas. Texas Government Code Chapter 406 – Notary Public Keep the journal for at least 10 years. Entries are public information, and anyone can request a certified copy on payment of your copy fee. Electronic journals are allowed.
What You Can Charge
Texas Government Code Section 406.024 caps fees per notarial act.6Office of the Texas Secretary of State. Notary Public Educational Information Charging more than the statutory maximum exposes you to criminal prosecution and possible suspension or revocation.
- Acknowledgment or proof of a deed, first signature: $10; each additional signature: $1
- Administering an oath or affirmation with certificate and seal: $10
- Protesting a bill or note for non-acceptance or non-payment: $4; each notice of protest: $1; certificate and seal to a protest: $4
- Depositions: $1 per 100 words; swearing a witness plus certificate, seal, and related services: $10
- All other notarial acts not listed: $10
- Copies of records in the notary’s office: $1 per page
These caps cover the notarization only. Travel fees are not regulated, which is where a mobile notary business earns most of its revenue given how low the per-act caps sit. Agree on the travel fee with the customer before you leave, keep it separate from the notarization fee on the invoice, and record it separately in your journal. Have a written policy for what happens to the travel fee if the notarization can’t be completed once you arrive. If you track mileage for taxes, the IRS standard business rate for 2026 is 72.5 cents per mile.7Internal Revenue Service. 2026 Standard Mileage Rates
Set Up the Business Side
Assumed Name (DBA)
Operating under any name other than your legal name triggers Texas Business and Commerce Code Chapter 71, which requires an assumed name certificate.8State of Texas. Texas Business and Commerce Code Chapter 71 – Assumed Business or Professional Name A sole proprietor or general partnership files with the county clerk in each county where the business has premises or does business. An LLC or corporation files with the Secretary of State.
EIN
A sole proprietor can use a Social Security number for taxes, but you’ll want an Employer Identification Number from the IRS if you hire employees, set up a solo 401(k) or Keogh, or form an LLC. Some banks require an EIN to open a business account even for a sole proprietor. The IRS issues EINs online at no cost.
Errors and Omissions Insurance
The $10,000 surety bond protects the public and comes back at you for reimbursement if it pays out. Errors and omissions insurance is the reverse: it covers your liability for unintentional mistakes made during notarizations and pays legal defense costs even if the claim proves groundless. E&O isn’t required by Texas law, but basic policies with $25,000 to $50,000 in coverage typically run $18 to $30 per year. Standard exclusions include dishonest or criminal acts, willful disregard of notary laws, bodily injury, and punitive damages. E&O covers honest mistakes, not intentional misconduct.
Adding Remote Online Notarization
Texas allows remote online notarization, where you verify identity and witness signatures over a live audio-video connection. You must already hold an active traditional commission, then apply separately through the SOS Notary Portal for an online commission, providing your notary ID, date of birth, and Social Security number.9Office of the Texas Secretary of State. Getting Started as an Online Notary Online notaries are governed by Subchapter C of Government Code Chapter 406 and Title 1, Chapter 87 of the Texas Administrative Code.
RON lets you serve clients anywhere in Texas without driving, and documents notarized remotely by a Texas online notary are recognized across state lines under existing interstate recognition frameworks. The cost is a technology platform that meets the Secretary of State’s standards for identity proofing, credential analysis, and tamper-evident session recording.
Federal Taxes
Notary fees are reported on Schedule C as self-employment income, but they are exempt from self-employment tax because the IRS treats notary work as a public office.10Internal Revenue Service. Persons Employed in a U.S. Possession/Territory – Self-Employment Tax Regular income tax still applies; the 15.3% self-employment tax does not. If you earn other self-employment income alongside notary work, such as loan signing or process serving, only the notary fee portion is exempt.
Common deductible expenses include the surety bond premium, seal and supplies, E&O insurance, mileage or vehicle costs for mobile appointments, advertising, and home office expenses if you meet the IRS test for exclusive and regular business use.11Internal Revenue Service. Tax Guide for Small Business (Publication 334) Under the simplified home office method, you can deduct $5 per square foot up to 300 square feet. Given the fee caps, deductions matter; keep the receipts.
The Line You Can’t Cross
Unless you’re also a licensed attorney, Texas law prohibits you from preparing, drafting, or selecting legal documents, advising anyone about legal documents, or accepting compensation to represent someone in a judicial or administrative proceeding.12Office of the Texas Secretary of State. Notary Compliance That prohibition extends to anything about immigration, U.S. citizenship, or admission to the United States, and you may not advertise yourself as an immigration specialist, consultant, or similar.
Clients from Latin American countries may expect legal guidance because “notario” there refers to a licensed legal professional. Explaining what you can and cannot do at the start of each appointment protects both the client and your commission.
What It Costs to Launch
- Filing fee: $21
- Surety bond, four-year term: about $50
- Seal, journal, and supply kit: $60 to $100 depending on stamp versus embosser and accessories
- E&O insurance, annual: $18 to $30
- Assumed name filing if applicable: varies by county, typically under $30
Most new notaries spend under $250 to open for business. Ongoing costs are the annual E&O premium and a new bond plus filing fee every four years at renewal. Applications for reappointment can be submitted as early as 90 days before your commission expires.