TX NNJE Journal Record Retention and Access 2 — Questions and Answers
Question 1: Under what conditions may a member of the public inspect a Texas notary's journal?
- Never — the journal is strictly confidential
- At any time, for any reason, without restriction
- Only when ordered by a court of competent jurisdiction
- When the requester has a lawful purpose related to a specific entry (Correct answer)
Correct answer: When the requester has a lawful purpose related to a specific entry
A person with a direct and lawful interest in a transaction recorded in the journal may request to inspect the relevant entry; blanket public access is not required.
Question 2: What fee may a Texas notary charge for providing a copy of a journal entry to a requester?
- No fee may ever be charged for journal copies
- The same fee charged for performing the original notarial act
- A reasonable fee not exceeding the actual cost of reproduction (Correct answer)
- Any fee the notary decides is appropriate, with no limit
Correct answer: A reasonable fee not exceeding the actual cost of reproduction
The notary may charge a reasonable fee that covers the cost of reproducing the journal entry but may not charge an excessive or arbitrary amount.
Question 3: A Texas notary receives a subpoena for their journal records from a court. The correct response is to:
- Refuse, citing notary-client privilege that protects all records
- Seek permission from the Secretary of State before responding
- Comply with the subpoena and produce the records as required (Correct answer)
- Provide only a written summary of entries rather than the journal itself
Correct answer: Comply with the subpoena and produce the records as required
A valid court subpoena is a legal mandate; the notary must comply and produce the requested journal records to the court.
Question 4: Which of the following best describes the ownership and access rights framework for a Texas notary's journal?
- The journal is state property, accessible to all government agencies on demand
- The journal belongs to the notary, who controls access subject to legal requirements (Correct answer)
- The journal belongs to each signer whose transaction is recorded
- The journal is co-owned by the notary and the county clerk
Correct answer: The journal belongs to the notary, who controls access subject to legal requirements
The notary owns the journal and controls access, but must comply with lawful inspection requests, court orders, and other legal obligations.
Question 5: A government agency investigating potential fraud requests access to a Texas notary's journal. The notary should:
- Refuse all access unless a court order is produced
- Permanently surrender the journal to the agency immediately
- Cooperate within legal requirements by providing copies or access as legally mandated (Correct answer)
- Destroy the journal to protect the privacy of signers
Correct answer: Cooperate within legal requirements by providing copies or access as legally mandated
The notary should cooperate with legitimate governmental investigations while acting within the scope of applicable law, which may include producing copies or allowing supervised inspection.
Question 6: Who may properly request a copy of a specific entry in a Texas notary's journal?
- Only licensed attorneys and sitting judges
- Only law enforcement officers with a badge number
- Only the original signer of the document
- Any person who can demonstrate a lawful and legitimate reason (Correct answer)
Correct answer: Any person who can demonstrate a lawful and legitimate reason
Texas law does not restrict copies solely to attorneys or signers; any person with a legitimate legal interest may request a copy of a relevant entry.
Question 7: A Texas notary is presented with a written request to inspect their journal by someone claiming a direct interest in a transaction. The notary should first:
- Automatically deny the request to protect all signer privacy
- Verify that the requester has a lawful purpose connected to a specific recorded entry (Correct answer)
- Require the requester to obtain a court order before any review
- Call the Secretary of State for approval before allowing any inspection
Correct answer: Verify that the requester has a lawful purpose connected to a specific recorded entry
The notary should assess whether the requester has a legitimate, lawful interest in the specific entry before granting or denying access.
TX NNJE Journal Record Retention and Access 2
Under what conditions may a member of the public inspect a Texas notary's journal?