Senate Bill 693 (Effective Sept. 1, 2025)

Senate Bill 693 - Effective: September 1, 2025

UPDATES HIGHLIGHTED IN YELLOW

Sec. 406.006. QUALIFICATION. An individual qualifies by:

  1. properly completing the application form;
  2. executing the statement;
  3. providing the bond, if required;
  4. paying the required filing fees;
  5. meeting the eligibility requirements; and
  6. successfully completing the education requirements established under Section 406.023.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 406, Sec. 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 719, Sec. 3, eff. Jan. 1, 1996; Acts 2003, 78th Leg., ch. 285, Sec. 14, eff. Sept. 1, 2003.

Amended by: Acts 2025, 89th Leg., R.S., Ch. 298 (S.B. 693), Sec. 1, eff. September 1, 2025.

Sec. 406.009. REJECTION OF APPOINTMENT; SUSPENSION OR REVOCATION OF COMMISSION.

    1. The secretary of state may, for good cause, reject an application or suspend or revoke the commission of a notary public.
    2. An action by the secretary of state under this section is subject to the rights of notice, hearing, adjudication, and appeal.
    3. An appeal under this section is to the district court of Travis County. The secretary of state has the burden of proof, and the trial is conducted de novo.
    4. 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;
      5. performing any notarization when the person for whom the notarization is performed did not personally appear before the notary at the time the notarization is executed; or
      6. failure to maintain records under Section 406.014.
    5. 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
      2. a finding of guilt that has been set aside.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.15(a), eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 719, Sec. 5, 6, eff. Jan. 1, 1996.

Amended by:
Acts 2009, 81st Leg., R.S., Ch. 569 (S.B. 2073), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 766 (H.B. 2235), Sec. 2, eff. September 1, 2015.
Acts 2025, 89th Leg., R.S., Ch. 298 (S.B. 693), Sec. 2, eff. September 1, 2025.

Sec. 406.0091. OFFENSE OF NOTARIZATION FOR PERSON NOT PERSONALLY APPEARING.

  1. A person commits an offense if, as a notary public, the person performs any notarization with knowledge that the signer, grantor, maker, or principal for whom the notarization is performed did not personally appear before the notary public at the time the notarization is executed.
  2. An offense under this section is a Class A misdemeanor, except that it is a state jail felony if the document being notarized involves the transfer of real property or any interest in real property.
  3. It is an affirmative defense to prosecution under Subsection (a) that the person who personally appeared before the notary public knowingly presented an apparently valid proof of identification identifying the person as the signer, grantor, maker, or principal for whom the notarization was purported to be performed, regardless of the identity of the person.
  4. For purposes of this section, a person personally appears before a notary public if:
    1. for a notarization other than an online notarization, the person physically appears before the notary public at the time of the notarization in a manner that permits the notary public and the person to see, hear, communicate with, and provide proof of identification to each other; and
    2. for an online notarization, the person appears at the time of the notarization by an interactive two-way video and audio conference technology that meets the standards adopted for online notarization under Section 406.104.

Added by Acts 2025, 89th Leg., R.S., Ch. 298 (S.B. 693), Sec. 3, eff. September 1, 2025.

Sec. 406.011. REAPPOINTMENT.

  1. Not earlier than 90 days prior to the expiration date of the notary’s term, a notary public may apply for reappointment on submission of a new application to the secretary of state.
  2. A notary public who is not reappointed on or before the expiration date of the term the notary public is serving will be appointed for a new term expiring four years from the date of qualification.
  3. A notary public who has applied for reappointment must successfully complete the continuing education requirements established under Section 406.023 before being reappointed.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 719, Sec. 8, eff. Jan. 1, 1996.

Amended by:
Acts 2025, 89th Leg., R.S., Ch. 298 (S.B. 693), Sec. 4, eff. September 1, 2025.

Sec. 406.014. NOTARY RECORDS.

  1. 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;
    2. the date of the notarization;
    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
    9. a brief description of the instrument.
  2. Entries in the notary’s book are public information.
  3. A notary public shall, on payment of all fees, provide a certified copy of any record of official acts in the notary public’s book of record to any person requesting the copy.
  4. A notary public who administers an oath pursuant to Article 45A.101, Code of Criminal Procedure, is exempt from the requirement in Subsection (a) of this section of recording that oath.
  5. A notary public may maintain the records required by Subsection (a) electronically in a computer or other storage device.
  6. A notary public may record the expiration date of an identification card issued by a governmental agency or passport issued by the United States if the signer, grantor, or maker of an instrument or document presents the card or passport to the notary public as identification.
  7. A notary public shall retain the records required by Subsection (a) until the 10th anniversary of the date of notarization.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.17(a), eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 406, Sec. 2, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 451, Sec. 1, eff. June 14, 1989; Acts 1999, 76th Leg., ch. 1545, Sec. 71, eff. Sept. 1, 1999.

Amended by:
Acts 2005, 79th Leg., Ch. 103 (S.B. 220), Sec. 1, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 731 (S.B. 1098), Sec. 1, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 468 (H.B. 255), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.081, eff. January 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 298 (S.B. 693), Sec. 5, eff. September 1, 2025.

Sec. 406.023. ADMINISTRATION AND ENFORCEMENT.

  1. The secretary of state shall adopt rules necessary for the administration and enforcement of this subchapter. The rules must be consistent with the provisions of this subchapter.
  2. The secretary of state may employ an investigator to aid in the enforcement of this subchapter.
  3. 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.
  4. The secretary of state shall adopt rules necessary to establish education requirements for appointment and continuing education requirements for reappointment as a notary public. The rules:
    1. may not require a person to complete more than two hours of education for appointment or two hours of continuing education for reappointment;
    2. must require that the secretary of state establish and offer education and continuing education courses and allow the secretary of state to charge a reasonable fee;
    3. must require that the education and continuing education course hours required for appointment or reappointment as a notary public may only be completed through a course established and offered by the secretary of state; and
    4. may not require a person appointed as a notary public before September 1, 2025, to complete education requirements required for initial appointment as a notary public on or after that date.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by:
Acts 2025, 89th Leg., R.S., Ch. 298 (S.B. 693), Sec. 6, eff. September 1, 2025.