TX Notary Eligibility and Commissioning Process 2 — Questions and Answers
Question 1: What is the minimum age to apply for a Texas notary commission?
- 16
- 18 (Correct answer)
- 21
- 25
Correct answer: 18
Texas Government Code §406.004 requires applicants to be at least 18 years of age.
Texas Government Code §406.004(a)(1) sets the minimum age at 18 years. Minors cannot hold a notary commission because they lack the legal capacity to enter binding contracts and take on the associated legal responsibilities.
Question 2: What criminal history disqualifies a person from receiving a Texas notary commission?
- Any misdemeanor conviction
- Felony or moral turpitude convictions (Correct answer)
- Traffic violations only
- Any arrest, even without conviction
Correct answer: Felony or moral turpitude convictions
Convictions for felonies or crimes involving moral turpitude disqualify an applicant; arrests alone or minor misdemeanors generally do not.
Under Texas Government Code §406.004, only convictions — not mere arrests — are disqualifying. The two categories are felonies and crimes involving moral turpitude, which typically include dishonesty-based offenses like theft, fraud, and forgery.
Question 3: How long after receiving a Texas notary commission must the notary file their oath of office?
- 7 days
- 30 days (Correct answer)
- 60 days
- 90 days
Correct answer: 30 days
Texas Government Code §406.010 requires the new notary to file an oath of office with the county clerk within 30 days of receiving the commission.
The 30-day window under Texas Government Code §406.010 is mandatory. Filing the oath with the county clerk activates the commission and creates a local record of the notary's appointment. Failure to file within 30 days can result in the commission being voided.
Question 4: Which best describes the Texas notary surety bond?
- A life insurance policy for the notary
- A financial guarantee protecting the public from notary misconduct (Correct answer)
- A deposit held by the county clerk
- A grant from the state to fund notary training
Correct answer: A financial guarantee protecting the public from notary misconduct
The $10,000 surety bond is a contract that protects members of the public who suffer financial loss due to a Texas notary's improper acts.
The surety bond required under Texas Government Code §406.009 provides a financial safety net for members of the public who are harmed by a notary's negligence or misconduct. The surety company pays valid claims up to $10,000 and then seeks reimbursement from the notary.
Question 5: After completing the commissioning process, what official tool must a Texas notary obtain before performing their first notarial act?
- A laminated copy of the Texas notary statutes
- An official notary seal meeting state specifications (Correct answer)
- A notary journal approved by the county clerk
- A digital signature certificate from the SOS
Correct answer: An official notary seal meeting state specifications
A Texas notary must have an official seal that meets the specifications in Texas Government Code §406.013 before performing any notarial acts.
Texas Government Code §406.013 specifies the required elements of a Texas notary's official seal, including the notary's name, the words 'Notary Public, State of Texas,' the commission expiration date, and the commission number. The seal must be obtained after the commission is issued and the oath is filed.
Question 6: In Texas, where does a new notary file their oath of office?
- The Texas Secretary of State office in Austin
- The district court of the notary's county
- The county clerk's office in the notary's county of residence (Correct answer)
- The Texas Attorney General's office
Correct answer: The county clerk's office in the notary's county of residence
Texas Government Code §406.010 requires the oath to be filed with the county clerk of the county in which the notary resides.
The county clerk receives and records the oath of office for new and renewing Texas notaries. The notary appears before the county clerk, takes the oath, and the clerk retains the original. This creates a county-level record of commissioned notaries.
TX Notary Eligibility and Commissioning Process 2
What is the minimum age to apply for a Texas notary commission?