TX Notary Remote Online Notarization (RON) 2 — Questions and Answers
Question 1: What Texas legislation specifically authorized remote online notarization?
- Texas House Bill 1234
- Texas Senate Bill 2128 (Correct answer)
- Texas Administrative Code Rule 55
- Texas Government Code Chapter 312
Correct answer: Texas Senate Bill 2128
Texas Senate Bill 2128, enacted in 2019, authorized remote online notarization (RON) in Texas effective January 1, 2020.
Texas Senate Bill 2128 was signed into law in 2019 and took effect on January 1, 2020. It amended Texas Government Code Chapter 406 to authorize remote online notarization using audio-visual communication technology, electronic signatures, and digital identity verification. SB 2128 made Texas one of the first states to establish a comprehensive RON framework.
Question 2: What technology must a Texas RON notary use to verify a remote signer's identity?
- A simple phone call confirming the signer's name
- Knowledge-based authentication (KBA) and/or credential analysis (Correct answer)
- An in-person meeting before any remote notarization
- The notary's personal knowledge of the signer only
Correct answer: Knowledge-based authentication (KBA) and/or credential analysis
Texas RON rules require identity verification using knowledge-based authentication (KBA) and/or credential analysis of government-issued IDs.
Texas's RON framework requires robust identity verification because the notary cannot physically examine the signer's ID. Acceptable methods include knowledge-based authentication (KBA), which uses questions drawn from public records, and credential analysis, which uses software to verify the authenticity of a photographed government ID.
Question 3: What is the minimum audio-visual technology requirement for a Texas RON session?
- An audio-only phone call is sufficient
- Real-time, two-way audio-visual communication allowing the notary and signer to see and hear each other (Correct answer)
- Pre-recorded video submitted to the notary
- Email with attached scanned documents
Correct answer: Real-time, two-way audio-visual communication allowing the notary and signer to see and hear each other
Texas RON rules require real-time, two-way audio-visual communication — both the notary and signer can see and hear each other simultaneously during the session.
For a valid Texas remote online notarization, the technology platform must facilitate real-time, synchronous, two-way audio-visual communication. Both the notary and signer must be able to see and hear each other live during the session. Pre-recorded videos, phone-only communications, or asynchronous submissions do not satisfy the requirements.
Question 4: Must a Texas RON notary be located in Texas during a remote online notarization session?
- No, the notary can be anywhere in the world
- Yes, the notary must be physically located within Texas during the RON session (Correct answer)
- No, but they must be in the continental US
- Yes, but only if the signer is also in Texas
Correct answer: Yes, the notary must be physically located within Texas during the RON session
A Texas RON notary must be physically present within the state of Texas during the remote online notarization session.
Texas RON rules require that the commissioned Texas notary be physically located within Texas at the time of performing the RON session. The signer, however, may be located anywhere — inside or outside of Texas and even outside the United States.
Question 5: For how long must a Texas RON notary retain the audio-visual recording of each session?
- 1 year
- 3 years
- 5 years (Correct answer)
- 10 years
Correct answer: 5 years
Texas RON rules require that audio-visual recordings of each remote notarization session be retained for a minimum of five years.
Under Texas's RON framework, the audio-visual recording of each RON session must be retained for at least five years. This recording serves as comprehensive evidence of the entire notarization process. The recording must be stored securely and made available in legal proceedings or regulatory investigations.
Question 6: Can a Texas RON notary notarize documents for signers located in other countries?
- No, RON is limited to US-based signers
- Yes, a Texas RON notary may serve signers located anywhere in the world (Correct answer)
- Yes, but only in countries that have a treaty with the US
- No, international signers must use a US embassy notary
Correct answer: Yes, a Texas RON notary may serve signers located anywhere in the world
A Texas RON notary may serve signers located anywhere in the world, as long as the notary is physically in Texas during the session and all other requirements are met.
One of the most powerful features of Texas RON is that the signer may be located anywhere in the world — other US states or foreign countries. As long as the Texas notary is in Texas, the proper technology platform is used, identity verification is completed, and all other RON requirements are met, the notarization is valid under Texas law.
TX Notary Remote Online Notarization (RON) 2
What Texas legislation specifically authorized remote online notarization?