Become a Notary in Texas

In Texas, a notary public has the power, given by the state of Texas, to make documents and other statements "official." Becoming a notary in Texas is a straightforward process, and as long as you fit the eligibility criteria you can become a notary. If you are a private citizen you will have to take out a surety bond to become a notary. If you work for a state agency, you can become a notary without a surety bond. In that case, your commission as a notary public will end whenever your employment with the state ends.

Steps

Determining Eligibility

1. Be 18 years of age or older. You can only become a notary public in Texas if you are at least eighteen years of age. Proof of your age is provided by your birth certificate.
   • Get a copy of your birth certificate. If you don't already have one, you might have to write, call, or (e)mail a form and fee to the Office of Vital Records in the city, town or county where you were born.
   • Links to the Offices of Vital Records in every state can be found at: http://www.cdc.gov/nchs/w2w.htm
2. Reside in Texas. Legal residency in Texas can take up to 30 days to establish.
   • Legal residency in Texas can be demonstrated with a number of documents, including utility bills, vehicle registration, voter registration, mortgage or deed in your name, and many others.
   • For a full list of documents that can be used to demonstrate residency for acquiring a Driver License in Texas, see https://www.dps.texas.gov/section/driver-license/texas-residency-requirement-driver-licenses-and-id-cards
3. Know that certain crimes make you ineligible. If you have been convicted of a crime involving moral turpitude or a felony, you are automatically ineligible to apply to become a notary in the State of Texas.
   • If you have been found guilty of a crime that was neither a felony, nor involved moral turpitude, you can still apply to become a notary in Texas. Get your legal documents ready, though, because you'll have to submit them with the application form.

Applying

1. Download the correct form. Download either Form 2301 or Form 2301-NB. The first form is for private individuals and the second is for state employees who will apply with no bond.
   • To access Form 2301- (Application for Appointment for Texas Notary Public) go to: https://webservices.sos.state.tx.us/forms/2301.pdf
   • To access Form 2301-NB - (Application for Appointment as Texas Notary Public-No Bond) go to: https://webservices.sos.state.tx.us/forms/2301-nb.pdf
2. Fill out Form 2301 or Form 2301-NB. You can either fill out this form online, and then print it out, or print it out first and fill it out by hand.
   • You'll need to have a social security number, an email address, a work address, and either valid state identification or driver license.
   • Make sure that your name is consistent of all these forms of documentation.
   • If you have been found guilty of a crime that was neither a felony, nor involved in moral turpitude, you are still eligible to apply, but you do have to note this on the form and provide documentation of your court order and sentence, papers pertaining to release from probation, a statement of the nature, circumstances, date and location of the crime and whether the case is under appeal or not.
3. Provide proof of a surety bond. If you are a private individual, you must provide proof of a $10,000 surety bond and obtain a signature of the surety provider.
   • There is a section on Form 2301 where the surety company has to fill out and sign that you have taken out the bond, so don't forget to bring it with you so that you can have this signed in person.
   • The surety bond is common for many official offices, and is meant to act as a guarantee that you will perform your duties honestly and faithfully as a holder of "public trust."
   • The surety bond covers associated costs that may arise if you fail to correctly perform the duties of the public notary, or that arise directly from your notarial acts.
   • This bond must be provided by a surety company and/or insurance company licensed in the state of Texas.
   • The bond must be in the amount of $10,000.
4. Pay a $21 filing fee. The fee covers the processing of your application materials.
   • You can pay this fee by filling out Payment Form available at https://webservices.sos.state.tx.us/forms/payment.pdf
   • You can pay by personal check or credit card, though the credit card payment is subject to a 2.7% transaction fee.
5. Mail or deliver the form, the fee and its form and any additional materials to the correct office.
   • If you are going to mail the documents, send them to: Notary Public Unit, P.O. Box 13375, Austin, TX 78711-3375.
   • If you happen to be Austin and want to deliver them in person, go to James Earl Rudder Office Building, 1019 Brazos, Austin, TX 78701.
   • It's always a good idea to make a copy for your own records. For a little practice, and to make the copy "official," you can even have this done by a Notary Public of Texas to see one in action!

Being a Notary in Texas

1. Maintain a notary's record book. The notebook is a public state record, and is it a requirement.
   • Blank notary public notebooks are widely available for purchase.
   • Be as complete as possible, and follow the guidelines recommended in the commission packet you are sent by the Texas Secretary of State.
2. Acquire and use the notary public seal. A notary seal is required in Texas, and must conform to Texas Governmental Code Section 446.013.
   • The wording, size and shape and design of the seal are very important. See http://www.sos.state.tx.us/statdoc/notary-seal-list.shtml#tex for the details.
3. Charge the correct fee for your services. The fees for notary public services are set by the state of Texas in Texas Governmental Code Section 406.024, which can be found at http://www.statutes.legis.state.tx.us/SOTWDocs/GV/htm/GV.406.htm

Maintaining Your Notary Public Commission in Texas

1. Renew your commission 90 days before it expires. Your commission lasts for 4 years, but you should renew it 90 days (3 months) before it expires. For renewal, follow the same steps in Becoming a Notary in Texas, above.
2. Continue to fulfill the duties of a notary public honestly. People may lodge complaints against a notary public at any time, and the Texas Secretary of State can revoke a public notary commission at any time.
3. Make sure your surety bond is paid on time and that your account is in good standing. This is one bill you want to pay on-time or earlier, because a lapse in your bond coverage puts you at risk for being dismissed and your commission revoked.

Things You'll Need

• Proof of age
• Proof of residency
• Clean background check
• Completed Form 2301 or Form 2301-NB
• Signature and proof of $10,000 surety bond
• Payment Form
• $21 Filing Fee
• Notary record book
• Notary seal

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