TX NNJE Journal Record Retention and Access 1 — Questions and Answers
Question 1: How long must a Texas notary public retain their official journal after the last entry is made?
- 5 years
- 7 years
- 10 years (Correct answer)
- 15 years
Correct answer: 10 years
Texas law requires notaries to retain their journal for at least 10 years after the date of the last notarial act recorded in that journal.
Question 2: Who legally owns the official notary journal in Texas?
- The employer who sponsored the notary commission
- The county clerk's office
- The state of Texas
- The notary public personally (Correct answer)
Correct answer: The notary public personally
The notary journal is the personal property of the notary public, regardless of whether notarizations were performed during employment.
Question 3: Where must a Texas notary store their official journal to meet legal requirements?
- At the county clerk's office for safekeeping
- In a secure location under the notary's direct and exclusive control (Correct answer)
- At the office of the employer who paid for the commission
- In a bank safety deposit box
Correct answer: In a secure location under the notary's direct and exclusive control
The notary is responsible for keeping the journal in a secure location under their own direct control to prevent unauthorized access or tampering.
Question 4: A Texas notary has a journal with entries from 2010 through 2018. When does the 10-year retention period for this journal begin?
- January 1 of the year the first entry was made
- The date the notary's commission was first issued
- The date of the last notarial act recorded in the journal (Correct answer)
- The date the notary's current commission expires
Correct answer: The date of the last notarial act recorded in the journal
The 10-year retention clock starts from the date of the last entry in the journal, not from the first entry or commission date.
Question 5: A Texas notary leaves their employer but still holds a valid commission. What happens to the journal?
- The employer retains the journal as business records
- The journal is split between the notary and employer
- The notary takes the journal because it is their personal property (Correct answer)
- The journal must be filed with the Secretary of State upon departure
Correct answer: The notary takes the journal because it is their personal property
Because the journal belongs to the notary personally, they are entitled to take it when leaving employment, regardless of where the notarizations were performed.
Question 6: If a Texas notary's journal is lost or stolen, what is the correct immediate action?
- Begin a new journal and continue without reporting
- Notify the Secretary of State and local law enforcement (Correct answer)
- Wait 30 days to see if it is recovered before reporting
- Notify only the employer and keep the matter internal
Correct answer: Notify the Secretary of State and local law enforcement
A lost or stolen journal must be reported to both the Secretary of State and local law enforcement to protect against fraudulent use of the records.
Question 7: How many separate journals may a Texas notary maintain at the same time?
- Only one journal at a time is permitted
- A maximum of two — one paper, one electronic
- A maximum of three journals simultaneously
- As many as needed, provided each is clearly identified (Correct answer)
Correct answer: As many as needed, provided each is clearly identified
Texas law does not limit the number of journals a notary may keep simultaneously, but each journal must be clearly labeled and properly maintained.
TX NNJE Journal Record Retention and Access 1
How long must a Texas notary public retain their official journal after the last entry is made?