TX Notary - Texas Notary Allowable Fees and Records Questions and Answers 1 — Questions and Answers
Question 1: According to the Texas Government Code, what is the maximum fee a notary public can charge for taking an acknowledgment or proof for the first signature on a document?
- $1
- $10 (Correct answer)
- $15
- $6
Correct answer: $10
Texas Government Code § 406.024(a)(4) specifies that the maximum fee for taking an acknowledgment or proof of a deed or other instrument for the first signature is $10. The previous fee was $6, but it was updated.
Question 2: A Texas notary is called to a hospital to notarize a power of attorney. The hospital is 15 miles away. In addition to the standard fee for the notarial act, which of the following is true regarding other charges?
- The notary can charge a travel fee, but it must be recorded as a notarial fee in the record book.
- The notary is prohibited from charging any fee beyond the state-mandated amount for the notarization.
- The notary can charge a separate travel fee if the signer agrees to it beforehand, and it should be itemized separately from the notarial fee. (Correct answer)
- The state sets a maximum mileage rate that a notary is allowed to charge for travel.
Correct answer: The notary can charge a separate travel fee if the signer agrees to it beforehand, and it should be itemized separately from the notarial fee.
Texas law does not regulate travel fees. A notary may charge a separate fee for travel, but it is not a notarial fee. This fee must be agreed upon with the signer in advance and should be itemized on a separate receipt to avoid confusion with the statutory notarial fees.
Question 3: A client requests a certified copy of a specific entry from a notary's record book. The entry spans a single page. What is the maximum fee the notary is legally permitted to charge for this service?
- $10.00
- $5.00
- $0.50
- $1.00 (Correct answer)
Correct answer: $1.00
Texas Government Code § 406.024(a)(8) establishes that the maximum fee for providing a copy of a record or paper kept in the notary public's office is $1 per page.
Question 4: If a notary public chooses to charge for their services, which of the following actions is required by Texas law?
- Submit a copy of their fee schedule to the Secretary of State annually.
- Keep a list of authorized fees posted in a conspicuous place in their office. (Correct answer)
- Only accept cash payments for notarial fees.
- Charge a flat fee for all notarial acts, regardless of type.
Correct answer: Keep a list of authorized fees posted in a conspicuous place in their office.
Texas Government Code § 603.008 requires any officer who is authorized to charge fees, including a notary public, to keep a complete list of those fees posted in a conspicuous place in their office at all times.
Question 5: A signer brings a document to a notary but, citing privacy concerns, refuses to allow the notary to record the details of the notarization in their official record book. What is the appropriate action for the notary to take?
- Proceed with the notarization but leave the record book entry blank.
- Record the entry but use a pseudonym for the signer to protect their privacy.
- Have the signer sign a waiver exempting the notary from the record-keeping requirement.
- Decline to perform the notarization. (Correct answer)
Correct answer: Decline to perform the notarization.
Texas Government Code § 406.014 mandates that a notary public must maintain a record book of all official acts. This is a legal requirement with no exception for a signer's refusal. If the signer will not permit the required information to be recorded, the notary must refuse to perform the notarial act.
Question 6: When recording an acknowledgment in a record book, which of the following pieces of information is a Texas notary REQUIRED to include?
- The signer's driver's license number.
- The date of the notarization. (Correct answer)
- The fee charged for any travel.
- The signer's thumbprint.
Correct answer: The date of the notarization.
Texas Government Code § 406.014 explicitly requires the notary to record several items, including the date of the notarization. Notaries are strictly prohibited from recording identification numbers like a driver's license number, and while they can record the fee for the notarization, the fee for travel is a non-notarial charge. Texas law does not authorize notaries to take thumbprints.
TX Notary - Texas Notary Allowable Fees and Records Questions and Answers 1
According to the Texas Government Code, what is the maximum fee a notary public can charge for taking an acknowledgment or proof for the first signature on a document?