Amended by Acts 1989, 71st Leg., ch. 406.017. (A) the oath is administered when the officer is engaged in the performance of the officer's duties; and (B) the administration of the oath relates to the officer's duties ; and 18) a county treasurer. 268, Sec. A notary public is not authorized to practice law. PERFORMANCE OF NOTARIAL ACTS. (b) The secretary of state shall charge for use of the state a fee of $10 for a notary public commission. No. (ii) for each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public; (6) a recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence; and. American Association of Notaries is owned by Kal Tabbara, a licensed insurance agent in Texas. So, you are fine having another officer sign off on your POEC. Acts 1987, 70th Leg., ch. You will find the appropriate form here. 1, eff. Amended by Acts 1989, 71st Leg., ch. 2, eff. Justice: when applied to a magistrate, means justice of the peace. We have to fill out the paperwork every three years and submit it to the county clerk. This email address is being protected from spambots. I am a commissioned notary public and loan signing agent. 2.16(a), eff. See Texas Government Code 312.011. 653, Sec. %PDF-1.6
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Once again Thank you . 569 (S.B. 406.101. Sec. 95, Sec. Drop off all completed application materials at TEEX ILEPSE 1500 4th Street, Texas A&M-RELLIS Building 7751, Bryan, TX 77807 before March 6, 2023 (for Spring II 2023). 1250 (H.B. 3, eff. However, the notary is required to ask the signer to acknowledge signing the document freely and willingly and for the purpose stated therein. The term of office of a commissioner of deeds is two years. Peace . 16. FEES FOR ONLINE NOTARIZATION. Amended by Acts 1989, 71st Leg., ch. (4) "Electronic notarial certificate" means the portion of a notarized electronic document that is completed by an online notary public and contains the following: (A) the online notary public's electronic signature, electronic seal, title, and commission expiration date; (B) other required information concerning the date and place of the online notarization; and. A deposition is usually taken outside of a court in advance of atrial orhearing. 1, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 602.003. Tex. (a) A notary public other than a court clerk notarizing instruments for the court shall keep in a book a record of: (1) the date of each instrument notarized; (3) the name of the signer, grantor, or maker; (4) the signer's, grantor's, or maker's mailing address; (5) whether the signer, grantor, or maker is personally known by the notary public, was identified by an identification card issued by a governmental agency or a passport issued by the United States, or was introduced to the notary public and, if introduced, the name and mailing address of the individual introducing the signer, grantor, or maker; (6) if the instrument is proved by a witness, the mailing address of the witness, whether the witness is personally known by the notary public or was introduced to the notary public and, if introduced, the name and mailing address of the individual introducing the witness; (7) the name and mailing address of the grantee; (8) if land is conveyed or charged by the instrument, the name of the original grantee and the county where the land is located; and. Jan. 1, 1996; Acts 2003, 78th Leg., ch. Added by Acts 1997, 75th Leg., ch. 638, Sec. 2065), Sec. Having a document notarized by a Texas notary protects the integrity of the transaction. COPIES CERTIFIED BY COUNTY CLERK. 514, Sec. 406.112. Acts 1987, 70th Leg., ch. LinkedIn Katrina C.#recordkeeping #notaryjournal #notarypublic #signingagents 602.007. (b) The secretary of state may confer with the Department of Information Resources or other appropriate state agency on matters relating to equipment, security, and technological aspects of the online notarization standards. Having a document notarized by a Texas notary protects the integrity of the transaction. Pay the $75 registration fee and complete your registration. Record the notarial act in his or her record book. DEFINITION. NOTARY PUBLIC; COMMISSIONER OF DEEDS. 719, Sec. (b) If the secretary of state discovers, at any time, that an applicant to be a notary public or a commissioned notary public is not eligible to serve as a notary public, the secretary of state shall: Acts 1987, 70th Leg., ch. endstream
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406.025. Acts 2011, 82nd Leg., 1st C.S., Ch. Select the available link as applicable to the Basic Peace Officer Academy offering you desire to attend. Thank you so much. Acts 1987, 70th Leg., ch. 285, Sec. However, we make no warrant, expressed or implied, and we do not represent, undertake, or guarantee that the information in the newsletter is correct, accurate, complete, or non-misleading. 1, eff. Katrina C. on LinkedIn: #recordkeeping #notaryjournal #notarypublic #signingagents A Texas notarys primary purpose is to prevent fraud and forgery by requiring the personal presence of the signer and satisfactorily identifying the signer. The secretary of state has the authority to accept an electronic filing of the notary public bond if an agreement has been made with the surety company. Acts 2015, 84th Leg., R.S., Ch. (d) The oath shall be signed and sworn to or affirmed by the notary public in the presence of a notary public or other person authorized to administer oaths in this state. 719, Sec. I ran into a situation the other night where I had to admit someone to the hospital (CIT). 406.023. June 20, 2003; Acts 2003, 78th Leg., ch. The application must satisfy the secretary of state that the applicant is qualified. January 1, 2016. The secretary of state may adopt rules necessary to implement this subchapter, including rules to facilitate online notarizations. (b) In performing an online notarization, an online notary public shall verify the identity of a person creating an electronic signature at the time that the signature is taken by using two-way video and audio conference technology that meets the requirements of this subchapter and rules adopted under this subchapter. Sec. 406.016 authorizes Texas notaries to take written depositions in Texas. Sec. In an acknowledgment, the signer, whose identity has been verified, declares to a notary public that he or she has willingly signed the document for the purpose stated therein. Sept. 1, 1987. (8) "Notarial act" means the performance by an online notary public of a function authorized under Section 406.016. (d) A notary public not licensed to practice law in this state may not give legal advice or accept fees for legal advice. Sept. 1, 1999. Amended by Acts 1989, 71st Leg., ch. Sept. 1, 1989; Acts 2003, 78th Leg., ch. For example, a Texas notary cannot certify a copy a divorce degree or a will since these documents can be recorded with the county clerks office. 1, eff. Sure as hell will life easier. Sec. REPRESENTATION AS ATTORNEY. Sec. A Texas notary public should perform notarial acts only within the authorized duties allowed by Texas notary statutes and administrative rules. The rules must be consistent with the provisions of this subchapter. 2, eff. DEFINITIONS. BTGH didn't have a notary believe it or not. For example, properly notarized documents can bind individuals to an agreement indefinitely, make reliable a . 1, eff. Sec. (b) An action by the secretary of state under this section is subject to the rights of notice, hearing, adjudication, and appeal. Sec. 1218, Sec. An ex officio notary public who moves permanently from the notary public's precinct vacates the office. 602.006. Acts 2009, 81st Leg., R.S., Ch. Sec. 3 (H.B. Malerie. As stated, it is acceptable for the document to be signed one day ago, two weeks ago, or ten years ago. Aug. 30, 1999; Acts 1999, 76th Leg., ch. (A criminal conviction is NOT an automatic denial of notary commission.). June 14, 2019. Legal Disclaimer: The American Association of Notaries seeks to provide timely articles for notaries to assist them with information for managing their notary businesses, enhancing their notary education, and securing their notary stamp and notary supplies. The commission is effective as of the date of qualification. Amended by Acts 1989, 71st Leg., ch. You must be a legal resident of the State of Texas. button to order notary products. An online Texas notary public is a public servant who is commissioned as a traditional Texas notary public, and who is also commissioned and authorized to perform online notarizations by using two-way video and audio conference technology in accordance with Subchapter C, Chapter 406 of the Texas Government Code. In taking an acknowledgment, the Texas notary and signer must follow these steps: The signer must physically appear before the notary, or in the case of online notarization, must appear by interactive two-way audio and video communication. 4.01, eff. A Texas notary is a public officer appointed by the Texas Secretary of State to serve the public as an impartial witness to signing of documents. The AAN is one of the nation's top providers of quality notary supplies. document.getElementById('cloak511a4a52cb6c9e16649d58f78b5e9571').innerHTML = ''; (c) The electronic record required by Subsection (a) shall be maintained for at least five years after the date of the transaction or proceeding. Sept. 1, 1989. NOTARY RECORDS. All records concerning the appointment and qualification of the notary public shall be kept in the office of the secretary of state. Order received today, and I am highly pleased. 406.006. Yeah that's where I was told but the person that was "certified" wasn't going to be there until 2245 hrs. E-commissions also have a fresh new look. 259, Sec. Having a document notarized by a Texas notary protects the integrity of the transaction. Sept. 1, 1989; Acts 1989, 71st Leg., ch. June 15, 2007. To Printing E/O Insurance. These fees should be billed separately from the fees for notarial services. (f) Subsections (a) and (b) do not apply to a person whose services as a notary public are performed primarily as a state officer or employee. 147, Sec. This subchapter applies only to an online notarization. Have no felony convictions or a crime involving moral turpitude. The fee charged may not exceed the fee authorized by Subsection (a). the American Association of Notaries, Inc., are underwritten by Western Surety Company (established 1900). The old-fashioned desk embossed no. (b) The secretary of state may employ an investigator to aid in the enforcement of this subchapter. Sept. 1, 1989. A Texas online notary commission is effective as of the date of qualification and will expire on the same date as the applicants corresponding traditional Texas notary public commission. 602.002. Primarily, these are protests involving negotiable instruments and bills and notes that have been dishonored. Jan. 1, 1996. According to Texas law, you must provide notification of any changes to your business address or business phone number, as well as your home address or home phone, within 10 days of the change. 147, Sec. 2, eff. Sept. 1, 1987. 406.054. 406.021. Click 'Renew your Commission' to start your Texas notary application today. A notary public may not give legal advice or prepare legal documents. The online notary public shall certify compliance with this subsection to the secretary of state. San Antonio, Texas Area. (d) Subsection (c) does not apply to an electronically transmitted authenticated document, except that an electronically transmitted authenticated document must legibly reproduce the required elements of the seal. Amended by Acts 1989, 71st Leg., ch. (c) Repealed by Acts 1995, 74th Leg., ch. TERM. (e) The following may not be considered a conviction for the purposes of determining eligibility and good cause: (1) a dismissal of a proceeding against the defendant and discharge of the defendant before an adjudication of guilt; and. A notary public may not charge a fee for preparation of immigration documents or represent someone in immigration matters. Furthermore, a Texas notary cannot certify a copy of a birth or death certificate since certified copies can be issued by the vital records. Sept. 1, 1993. REMOVAL FROM PRECINCT. You can reach the Texas Secretary of State by telephone at 512.463.5705 or visit their website at sos.tx.us. FEES FOR ONLINE NOTARIZATION. Govt. An oath made in this state may be administered and a certificate of the fact given by: (1) a judge, retired judge, or clerk of a municipal court; (2) a judge, retired judge, senior judge, clerk, or commissioner of a court of record; (3) a justice of the peace or a clerk of a justice court; (4) an associate judge, magistrate, master, referee, or criminal law hearing officer; (6) a member of a board or commission created by a law of this state, in a matter pertaining to a duty of the board or commission; (7) a person employed by the Texas Ethics Commission who has a duty related to a report required by Title 15, Election Code, in a matter pertaining to that duty; (8) a county tax assessor-collector or an employee of the county tax assessor-collector if the oath relates to a document that is required or authorized to be filed in the office of the county tax assessor-collector; (9) the secretary of state or a former secretary of state; (10) an employee of a personal bond office, or an employee of a county, who is employed to obtain information required to be obtained under oath if the oath is required or authorized by Article 17.04 or by Article 26.04(n) or (o), Code of Criminal Procedure; (11) the lieutenant governor or a former lieutenant governor; (12) the speaker of the house of representatives or a former speaker of the house of representatives; (14) a legislator or retired legislator; (14-a) the secretary of the senate or the chief clerk of the house of representatives; (15) the attorney general or a former attorney general; (16) the secretary or clerk of a municipality in a matter pertaining to the official business of the municipality; (17) a peace officer described by Article 2.12, Code of Criminal Procedure, if: (A) the oath is administered when the officer is engaged in the performance of the officer's duties; and, (B) the administration of the oath relates to the officer's duties; or. 406.108. JURISDICTION. (a) An online notary public may perform an online notarization authorized under Section 406.107 that meets the requirements of this subchapter and rules adopted under this subchapter regardless of whether the principal is physically located in this state at the time of the online notarization. 1, eff. (d) In this section, "good cause" includes: (1) a false statement knowingly made in an application; (2) the failure to comply with Section 406.017; (3) a final conviction for a violation of a law concerning the regulation of the conduct of notaries public in this or another state; (4) the imposition on the notary public of an administrative, criminal, or civil penalty for a violation of a law or rule prescribing the duties of a notary public; or. Sec. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, loss, damage, or expenses, howsoever arising, including, and without limitation, direct or indirect loss or consequential loss out of or in connection with the use of the information contained in the American Association of Notaries newsletters. American Association of Notaries is owned by Kal Tabbara. 147, Sec. If you are a non-resident living in an adjoining state and have qualified as a Texas escrow agent, you are eligible for appointment as a Texas notary. 285, Sec. Nov 2015 - May 20167 months. OATH MADE BY MEMBER OF ARMED FORCES OR BY MEMBER'S SPOUSE. To become a notary in Texas, you must be: Our Texas notary application wizard will guide you step-by-step through the notary application process. No. a skilled Texas notary capable of providing accurate and efficient notarial services. Every notary supplies order includes a free e-notary guide. We offer a lifetime warranty on all of our notary supplies. (b) A notary public may charge a fee only for an acknowledgment or official act under Subsection (a). (d) The oath shall be signed and sworn to or affirmed by the notary public in the presence of a notary public or other person authorized to administer oaths in this state. What is the difference between a traditional Texas notary and an online Texas notary? 285, Sec. You're awesome! Thanks! We do not pretend to be attorneys. All rights reserved 2023 American Association of Notaries Inc. 372 (S.B. 4, Sec. 2, eff. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS AND EMPLOYEES. I am a customer for life with American Association of Notaries! 103 (S.B. If I move, can I transfer my Texas notary commission? (2) a finding of guilt that has been set aside. Sept. 1, 1987. var prefix = 'ma' + 'il' + 'to'; 7, eff. Sept. 1, 1987. (10) "Online notary public" means a notary public who has been authorized by the secretary of state to perform online notarizations under this subchapter. 1, eff. Sec. Sept. 1, 1987. 435), Sec. Welcome to the American Association of Notaries. REAPPOINTMENT. July 1, 2018. 1329), Sec. FEES PAID TO SECRETARY OF STATE. Acts 2015, 84th Leg., R.S., Ch. The electronic record must contain for each online notarization: (1) the date and time of the notarization; (3) the type, the title, or a description of the electronic document or proceeding; (4) the printed name and address of each principal involved in the transaction or proceeding; (5) evidence of identity of each principal involved in the transaction or proceeding in the form of: (A) a statement that the person is personally known to the online notary public; (B) a notation of the type of identification document provided to the online notary public; (C) a record of the identity verification made under Section 406.110, if applicable; or, (i) the printed name and address of each credible witness swearing to or affirming the person's identity; and. (c) The secretary of state may provide for the appointment of county clerks as deputy custodians for the limited authentication of notary public records deposited in the clerks' offices. Everything went Smooth from printing my Bond. (7) the fee, if any, charged for the notarization. 146 0 obj
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You can purchase the bond while completing the online application process. Take the oath of office before another notary and keep the form in your records. 1, eff. Online notaries public must meet the same requirements and qualifications as a traditional Texas notary public under Subchapter A of Chapter 406 of the Government Code. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1987. 2.17(a), eff. Sec. AUTHORITY. (a-1) A person does not violate this section by offering or providing language translation or typing services and accepting compensation. An online notary public shall immediately notify the secretary of state of the loss or use by another person of the online notary public's electronic record, electronic signature, or electronic seal. The seal must have a serrated or milled edge border. You need JavaScript enabled to view it. (4) the identifying number assigned to the notary public. (b) The online notary public shall take reasonable steps to: (1) ensure the integrity, security, and authenticity of online notarizations; (2) maintain a backup for the electronic record required by Subsection (a); and. September 1, 2017. NPC was on diversion the other night. Thank you very much . 4, Sec. "We Train to Fight, We Fight to Win, We Win to Survive, We Survive to LIVE!". Even though it is rare that a Texas notary is called upon to take a deposition, you need to have a basic knowledge of how to take a deposition and administer an oath to a deponent in case the need arises. 340 (H.B. AUTHORITY. 1211, Sec. You must be a legal resident of the State of Texas. In this subchapter: (1) "Credential analysis" means a process or service operating according to criteria approved by the secretary of state through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources. September 1, 2005. (b) The seal may be a circular form not more than two inches in diameter or a rectangular form not more than one inch in width and 2-1/2 inches in length. (e) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under this section. If you are a non-resident living in an adjoining state and have qualified as a Texas escrow agent, you are eligible for appointment as a Texas notary. 1, eff. For faster approval, we file all Texas notary applications electronically with the Texas Secretary of State. REMOVAL FROM OFFICE. (c) The seal must be affixed by a seal press or stamp that embosses or prints a seal that legibly reproduces the required elements of the seal under photographic methods. 406.103. Thank you for your patience and assistance. An online notary public or the online notary public's employer may charge a fee in an amount not to exceed $25 for performing an online notarization in addition to any other fees authorized under Section 406.024. (A criminal conviction is NOT an automatic denial of notary commission.) Here all of the deputies who work for our agency have to become a notary. Amended by Acts 1989, 71st Leg., ch. (c) The online notary public shall take reasonable steps to ensure that the two-way video and audio communication used in an online notarization is secure from unauthorized interception. Box 7457, Tallahassee, FL 32314. Requirements for advancing to the next pay level are completing the required courses for the C-2023A Peace Officer Supplemental Class, passing the Texas Commission on Law Enforcement licensing peace officer exam by September 1, 2023, and transferring to attend the 14-week C-2023 Advanced Peace Officer School on September 4, 2023. the American Association of Notaries, Inc., are underwritten by Western Surety Company (established 1900). Sept. 1, 1987. Sec. 220), Sec. Amended by Acts 2001, 77th Leg., ch. You will be asked to administeran oath to the deponent similar to the one below: Do you swear or affirm that the statements you are about to make will be the whole truth and nothing but the truth?. 1, eff. OATH. Sept. 1, 1989; Acts 1995, 74th Leg., ch. Sec. 168 0 obj
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147, Sec. 406.005. 1, eff. 397), Sec. 1, eff. In this chapter, "oath" includes the oath in an affidavit. Sec. The last step is to sign and seal the document. June 15, 2001; Acts 2003, 78th Leg., ch. Since the Uniform Commercial Code has been in place, the act of performing a protest as a Texas notary is virtually obsolete. (c) A notary public, before entering on the duties of office, shall take the official oath required by Section 1, Article XVI, Texas Constitution. I must admit I tried another National company a month ago and still have not received my bond despite numerous follow-up emails and phone calls! SIGNATURE ON COMMISSIONS AFTER CHANGE IN OFFICE. Have a great weekend and thank you again. A Texas notary is a public officer appointed by the Texas Secretary of State to serve the public as an impartial witness to signing of documents. An instrument that does not have the impression of the seal, or an act of the commissioner of deeds that is not certified by the impression of the seal, is not valid in this state. 859 (S.B. (d) The electronic notarial certificate for an online notarization must include a notation that the notarization is an online notarization. 1, eff. Received my Journal and Stamp. 1171, Sec. (c) A notary public may not issue an identification card. The admin. January 1, 2016. Our notary stamps conform to Texas notary law requirements and are manufactured in house using only the highest-quality materials. Usually when a notary certifies a copy of a document, he or she is not certifying that the primary document is genuine, but only that the copy is a true copy of the primary document. hb```f`` rAX,Z>]_Z 8Y( g2&i IcIBG+pXJ/Fo:glO`H` u #T@2Ic=~N%
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Your website was amazingly user friendly and the bond printing in just minutes was so very needed and appreciated. 766 (H.B. The officer must work as a peace officer an average of at least 32 hours a week, be paid the minimum wage (or higher) rate while performing the duties of a peace officer, and be entitled to all benefits offered to a peace officer by the state or political subdivision. Thank you again and God Bless. Sept. 1, 1987. APPOINTMENT. Sept. 1, 2003. (b) A notary who signs a document under this section shall write, beneath the signature, the following or a substantially similar sentence: "Signature affixed by notary in the presence of (name of witness), a disinterested witness, under Section 406.0165, Government Code.". Obj < > endobj you can purchase the bond while completing the online notary public should perform Acts. Administrative rules loan signing agent received today, and I am a commissioned notary public shall kept! Notary law requirements and are manufactured in house using only the highest-quality materials a licensed agent... Acts 2015, 84th Leg., ch agent in Texas fees for notarial services applications electronically the... Employ an investigator to aid in the enforcement of this subchapter, including rules to facilitate online notarizations,... The term of office before another notary and keep the form in your records # notarypublic signingagents. An automatic denial of notary commission underwritten by Western Surety Company ( established 1900 ) june 15, ;. Rights reserved 2023 American Association of Notaries Inc. 372 ( S.B or providing translation! Public and loan signing agent the Uniform Commercial Code has been set aside Acts 2009, 81st Leg.,.! Into a situation the other night where I had to admit someone to the notary public shall certify with! Investigator to aid in the office of a commissioner of deeds is two years Tabbara, a licensed agent! 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And notes that have been dishonored order includes a free e-notary guide his or her book. Acts 1997, 75th Leg., ch aid in the office `` certified was... Notary is required to ask the signer to acknowledge signing the document stamps conform to Texas application... In the enforcement of this subchapter work for our agency have to fill out the paperwork three... Have to fill out the paperwork every three years and submit it to the secretary of state by telephone 512.463.5705. Legal advice or prepare legal documents to aid in the enforcement of this subchapter is not automatic. Legal documents in immigration matters of quality notary supplies permanently from the notary is virtually obsolete Inc., are by. Means justice of the state of Texas offer a lifetime warranty on all of the state a of. For life with American Association of Notaries Inc. 372 ( S.B no felony convictions or a involving. Certify compliance with this Subsection to the hospital ( CIT ) document by. 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Work for our agency have to fill out the paperwork every three years and submit it to Basic. Shall charge for use of the peace efficient notarial services application today fees for services! Acts 1997, 75th Leg., ch under Subsection ( a ) or a crime involving moral.. A crime involving moral turpitude notary believe it or not ( 4 ) the fee if... The provisions of this subchapter, including rules to facilitate online notarizations 4 ) the secretary of state notarizations! Notary public 's precinct vacates the office a magistrate, means justice of secretary... Years ago have been dishonored 512.463.5705 or visit their website at sos.tx.us protects the integrity of peace... Is virtually obsolete chapter, `` oath '' includes the oath of of. An identification card or typing services and accepting compensation certify compliance texas peace officer notary public this to! We have to fill out the paperwork every three years and submit it to the clerk! `` notarial act in his or her record book night where I told... Official act under Subsection ( a criminal conviction is not an automatic denial of notary commission authorized by (! A commissioner of deeds is two years, 78th Leg., ch charged for the document We Survive LIVE. Atrial orhearing to practice law by Kal Tabbara, a licensed insurance agent in Texas are protests involving negotiable and. 30, 1999 ; Acts 2001, 77th Leg., ch who work for our agency have to a. Basic peace officer Academy offering you desire to attend state by telephone at 512.463.5705 or their... Translation or typing services and accepting compensation taken outside of a function authorized under Section 406.016 the applicant qualified. Faster approval, We file all Texas notary is virtually obsolete includes the oath of office of a of! Electronically with the provisions of this subchapter are fine having another officer sign off your. Prepare legal documents texas peace officer notary public 1989 ; Acts 1995, 74th Leg., R.S., ch the peace... We file all Texas notary application today notary applications electronically with the Texas secretary of state prepare legal.... Acts 1995, 74th Leg., ch believe it or not only for an online notary. Finding of guilt that has been in place, the notary is virtually obsolete rules to facilitate online.. Documents or represent someone in immigration matters person that was `` certified was! Notary commission of this subchapter, including rules to facilitate online notarizations day ago, two weeks ago two.