Texas Notaries - "Did you Know...?"
“Did You Know….?” – Facts About Texas Notaries, Their Commission, and Their DutiesPublished March 18, 2026
Why does notarization of a document matter?
For centuries, notarial acts have been essential to the function of commerce and personal affairs. Documents executed (signed) before a notary are presumed to be validly executed and factual, unless proven otherwise.
The ongoing value of notarization is proven in how little a notarial act’s execution and assurances have changed… even though today’s approved methods of notarizing include not only ink-signed paper documents, but electronic documents and signatures involving physically present and remotely present signers.
Notarizations assure relying parties that the persons or entities named in a document indeed appeared before a notarial officer, were identified, and signed and/or acknowledged their voluntary signing of the document. Notarization also enables a named signer of a document to swear or affirm that the document is true.
Because the assurances provided by notarization are so important but also so fundamentally simple, the effects of a properly executed notarization are the same whether the underlying document is paper or electronic. This is a remarkable fact about a process that has been relied upon for centuries.
What or who grants new and renewing notary commissions to a person?
Depending on the state, the individual or entity that grants a notary commission to a person is commonly referred to as the “commissioning officer,’’ “appointing officer” or the “commissioning entity” or “commissioning office,” as appropriate.
Across the U.S., state notary laws dictate the specific individual or authority empowered to grant a new or renewal notary public commission. That is, Texas law dictates that the Texas Secretary of State[KB2.1] actually appoints each notary public to office. In other states, that power might belong to the Governor or Lieutenant Governor, a county clerk, the state’s Department of Licensing, and so on.
Are the powers of a notary public the same in all states?
Certain notarial acts are so common and necessary that notaries in all states are authorized to perform them. These are: (1) acknowledgments; (2) verifications on oath or affirmation (also called “jurats”); and (3) verbal oaths or affirmations (for example, when someone takes a verbal oath when being sworn-into public office).
Other notarial acts a Texas notary may perform include certifying copies of certain types of documents, taking depositions, noting protests, declaring that a paper/tangible copy of an electronic is a true and correct copy of an electronic record, and assisting in inventorying the contents of safe deposit boxes.
Are Texas notaries public required to receive training?
Yes, ALL new and renewing Texas notaries are required to take a notary education course and exam. The course and exam are administered on the Texas Secretary of State's website through the SOS Notary Portal.
Why does a notary public want me to sign their “register” or “journal”?
Notaries in Texas are required to record all their official acts in a register or journal (“recordbook”) designed for that purpose, such as the All-States Recordbook of Notarial Acts. The information provided in a recordbook entry for a specific notarial act is credible evidence of the facts of that notarization, and is admissible in a court of law. Even when journals (recordbooks) are not required, they are strongly recommended as an indispensable tool for notaries public.
Can notaries in Texas charge any fee they want?
For performing any notarial act, Texas notaries may charge up to the fee(s) specified by their law and/or administrative rules. Charging excessive fees for a notarial act violates the notary’s governing law and/or administrative rules, and leads to disciplinary sanctions under those laws and/or administrative rules.
Unless the practice is specifically prohibited, Notaries may charge additional fees for expenses such as mileage for traveling to perform a notarial act. Any such fees must be disclosed and agreed-to in advance, and line-itemed separately from the statutory fee the notary may charge for a specific notarial act. Notaries who charge fees should always discuss them completely, and be sure the client understands them, before proceeding with a notarial act.
Texas notaries are required to maintain a “fee book” in which they record all fees charged. This requirement may be satisfied by use of American Society of Notaries’ All-States Recordbook of Notarial Acts.
Your data is safe with us! (read our privacy and security policy)