TX Notary Allowable Fees and Records 2 — Questions and Answers
Question 1: What is the maximum fee a Texas notary may charge for administering an oath or affirmation?
- $1.00
- $6.00 (Correct answer)
- $10.00
- $25.00
Correct answer: $6.00
Texas Government Code §406.024 sets the maximum fee for administering an oath or affirmation at $6.00 per oath.
Under Texas Government Code §406.024, the maximum fee for administering an oath or affirmation is $6.00 per act. Notaries may charge less but may not exceed the statutory maximum. Charging more than the allowed fee is a violation of Texas notary law and could result in disciplinary action.
Question 2: How much may a Texas notary charge for taking an acknowledgment?
- $1.00
- $6.00 (Correct answer)
- $10.00
- $20.00
Correct answer: $6.00
The maximum fee for taking an acknowledgment or proof of a written instrument is $6.00 per signature under Texas Government Code §406.024.
Texas Government Code §406.024 establishes a $6.00 maximum fee per signature for taking an acknowledgment or proof of a written instrument. Each signature is a separate notarial act and may be charged separately up to the maximum.
Question 3: Is a Texas notary required by law to keep a record book of all notarial acts performed?
- Yes, it is required by Texas statute
- No, it is optional but strongly recommended (Correct answer)
- Yes, but only for remote online notarizations
- Yes, only for notaries who are also attorneys
Correct answer: No, it is optional but strongly recommended
Texas Government Code does not require conventional notaries to maintain a record book, though it is strongly recommended as best practice.
Unlike many states, Texas Government Code Chapter 406 does not mandate that traditional notaries maintain a record book. However, the Secretary of State strongly recommends keeping a journal of all notarial acts as it provides valuable documentation if a notarization is later disputed.
Question 4: What may a notary do if they believe the fee they are about to charge might be questioned?
- Refuse to perform the act until payment is secured
- Charge the full statutory maximum to be safe
- Provide a written fee schedule to the customer before performing the act (Correct answer)
- Contact the Secretary of State for fee approval
Correct answer: Provide a written fee schedule to the customer before performing the act
Providing a written fee schedule in advance is the best practice to ensure transparency and avoid fee disputes.
While Texas law sets maximum fee limits, notaries can charge less or nothing at all. To avoid misunderstandings, notaries should disclose their fee schedule before performing any act. Providing a written fee schedule before the notarization is a professional best practice that protects both parties.
Question 5: Can a Texas notary charge a travel fee in addition to the notarial fee?
- No, travel fees are prohibited under Texas law
- Yes, travel fees are permissible and are not subject to the statutory maximum (Correct answer)
- Yes, but only up to the IRS standard mileage rate
- Yes, but total fees including travel cannot exceed $20
Correct answer: Yes, travel fees are permissible and are not subject to the statutory maximum
Texas notaries may charge a separate travel or convenience fee in addition to the statutory notarial fee, and travel fees are not capped by the notarial fee schedule.
Texas Government Code §406.024 caps only the fees for specific notarial acts. Travel fees for mobile notary services are considered separate and are not subject to the statutory maximum. A notary may negotiate a reasonable travel fee with the client. However, the fee for the notarial act itself must not exceed the statutory cap.
Question 6: What type of record must a Texas notary maintain for remote online notarizations?
- No records are required for RON
- An audio-visual recording of each RON session (Correct answer)
- Only a physical seal impression
- A paper ledger of all RON acts
Correct answer: An audio-visual recording of each RON session
Texas law requires RON notaries to retain an audio-visual recording of each remote online notarization session for a minimum of five years.
Under the Texas remote online notarization rules implementing Senate Bill 2128, RON notaries must create and retain an audio-visual recording of each remote session for at least five years. The recording serves as a complete record of the identification process and the notarial act performed.
TX Notary Allowable Fees and Records 2
What is the maximum fee a Texas notary may charge for administering an oath or affirmation?