The Duties and Responsibilities of the Texas Notary Public
Texas, as most of us know, is an enormous place and yet notaries there have statewide jurisdiction as public servants. Those who take steps to become notaries in Texas will have the state's approval and authority to:
- Take acknowledgements
- Take protest instruments permitted by law to be protested (such as bills)
- Administer oaths
- Take depositions
- Certify copies of documents (not recordable in public records)
Each of these activities is marked by the individual Texas Notary Public stamp and seal for that notary as an officer of the state of Texas.
To become a notary in the state is not at all complex, but functioning as one does mean knowing a great deal about the "dos and don'ts" of a notary. Before you can ever set your Texas Notary Public stamp and seal to a notarial act, you must first follow the process of obtaining your commission.
This means completing the appropriate form, attaching proof that you have obtained at $10k surety bond, and paid the appropriate fees. Once the state has received this and given you a commission (which expires in four years but is easily renewed), you can then obtain your official Texas Notary Public stamp and seal and put it to work.
The Design Requirements of the Texas State Notary Seal
What does an official Texas Notary Public stamp and seal look like? It is your responsibility to obtain it. This seal has to be easily legible and clear, and can be a stamp or embosser.
The design specifications for a valid Texas Notary Public stamp and seal include:- The phrase "Notary Public, State of Texas" must appear around a five-point star
- The name of the notary as commissioned
- The date that the notary's current commission is due to expire
- The Texas Notary Public stamp and seal can be rectangular or circular. If a rectangle the dimensions should be no more than 1"x2.5". If circular, it should be no more than 2" in diameter.
- All seals have to have a serrated or milled edge around the perimeter
- A commission number may appear, but is not mandatory
Any changes in name must be reflected in the Texas Notary Public stamp and seal, as well as the renewal of a commission. Each time the Texas Notary Public stamp and seal is used to perform an authorized act, it is obligatory that the notary keep track of this in a formal record book. Whether or not a notary charges fees or even conducts notarial acts frequently, the law stipulates that they must record specific details in their records.
Other Information to Keep in Mind Regarding Texas Notary Seal Use
They are required to retain the record book throughout their commission or for three years following the date that the items in the book were notarized and marked with the Texas Notary Public stamp and seal.
Because notaries are given the right to work in any county in the state, they can use their Texas Notary Public stamp and seal everywhere. In fact, they must use the seal on any document they sign. When a commission comes to an end or a notary passes away, the seal must be destroyed to eliminate any threat of misuse or illegal notarization.
Because a commission does last for four years, a Texas Notary Public stamp and seal should be of the highest quality possible. Constantly reordering replacement seals is an unnecessary expense, as there are high quality vendors able to provide excellent and durable devices. As part of your work as a notary, it behooves you to invest in the best seal possible.
Frequently Asked Questions
Which requirements apply to a Texas notary public seal?
A valid Texas notary public seal must clearly show the words “Notary Public, State of Texas” around a five-point star, the notary’s commissioned name, and the commission expiration date. It must also be legible and have a serrated or milled edge.
How large can a Texas notary stamp or seal be under state law?
A Texas notary stamp or seal can be rectangular or circular. If rectangular, it must be no larger than 1" x 2.5". If circular, it must be no larger than 2" in diameter.
Is a commission number required on a Texas notary seal?
No, a commission number is optional. It may appear on the Texas notary seal, but it is not required by the Texas notary stamp guidelines.
Should I order a new Texas notary seal if my name changes?
If your name changes, your Texas notary public seal must be updated to match your commissioned name. You should obtain a new seal before performing notarizations under the new name.
How long do Texas notaries have to keep their record book?
Texas notaries must keep their record book for the full term of their commission or for three years after the date the notarized acts were recorded, whichever is longer.
How should I dispose of my Texas notary seal when my commission expires?
When your commission ends, or if you pass away, the Texas notary seal must be destroyed to prevent misuse or illegal notarization. This helps protect your clients and your commission history.
