TX Notary Application Process 2 — Questions and Answers
Question 1: What is the first step a person must take to become a Texas notary public?
- Submit a notary application to the Texas Secretary of State
- Pass a written notary examination
- Obtain a surety bond (Correct answer)
- Register with the county clerk
Correct answer: Obtain a surety bond
Before applying, an applicant must obtain a $10,000 surety bond from a licensed Texas surety company, which is submitted with the application.
Texas Government Code §406.009 requires applicants to obtain a $10,000 surety bond executed by a surety company authorized to do business in Texas. The bond must be submitted with the application to the Secretary of State. The bond protects members of the public from financial harm caused by notary misconduct.
Question 2: How much is the Texas notary application fee payable to the Secretary of State?
- $10
- $21 (Correct answer)
- $40
- $100
Correct answer: $21
The application fee for a Texas notary commission is $21, payable to the Texas Secretary of State.
Under Texas Government Code §406.009, the application fee is $21. This fee must accompany the application form and the surety bond. The fee is non-refundable and covers administrative processing by the Secretary of State's office.
Question 3: Which of the following items must accompany a Texas notary application?
- Proof of citizenship
- A completed application form, $10,000 surety bond, and application fee (Correct answer)
- A letter of recommendation from an attorney
- Proof of residence in Texas for at least five years
Correct answer: A completed application form, $10,000 surety bond, and application fee
The application package must include the completed form, the $10,000 surety bond, and the $21 application fee.
Texas Government Code §406.009 specifies that applicants must submit a completed application, a $10,000 surety bond from an authorized surety company, and the applicable fee. Missing any component will prevent the commission from being issued. The Secretary of State reviews submissions and issues commissions to qualified applicants.
Question 4: How does a Texas notary applicant submit their application to the Secretary of State?
- Only in person at the Austin office
- Only by certified mail
- Online through the SOS website or by mail (Correct answer)
- Through the county clerk's office
Correct answer: Online through the SOS website or by mail
Texas notary applications may be submitted online via the Secretary of State's website or mailed to the SOS office in Austin.
The Texas Secretary of State accepts notary applications both online through its official website and by mail. Online submission is faster and allows applicants to track their application status. Paper applications can be mailed to the SOS office. In-person submissions are not required and county clerks do not process notary applications.
Question 5: After a Texas notary commission is approved, what must the notary do before performing any notarial act?
- File the commission with the county clerk
- Purchase a notary seal and record book (Correct answer)
- Complete a notary training course
- Register with the Texas Department of Licensing
Correct answer: Purchase a notary seal and record book
Once commissioned, the notary must obtain an official notary seal and a notary record book before performing any notarial acts.
Texas Government Code §406.013 and §406.014 require commissioned notaries to obtain an official notary seal that contains the required elements, and best practices dictate maintaining a record book. The notary cannot lawfully authenticate documents without the official seal. These tools must be in place before the notary begins practicing.
Question 6: What disqualifies a person from obtaining a Texas notary commission?
- Being under 25 years old
- Having a felony conviction or a conviction involving moral turpitude (Correct answer)
- Not being a college graduate
- Being self-employed
Correct answer: Having a felony conviction or a conviction involving moral turpitude
A person convicted of a felony or a crime involving moral turpitude is not eligible to serve as a Texas notary public.
Texas Government Code §406.004 disqualifies individuals who have been convicted of a felony or a crime involving moral turpitude. This disqualification exists to protect the public by ensuring notaries are trustworthy and of good moral character. Applicants who check the conviction box on the application may have their commission denied or revoked.
TX Notary Application Process 2
What is the first step a person must take to become a Texas notary public?