| (a) Subject to the provision in subsection (b) of this
section and §87.12 of this title (relating to Qualification by
an Escrow Officer Residing in an Adjacent State), a person is eligible
to be a notary public if the person is 18 years of age or older and
a resident of Texas.
(b) A person is not eligible to be a notary public
if the person was convicted of a crime involving moral turpitude or
a felony and the conviction has become final, has not been set aside,
and no pardon or certificate of restoration of citizenship rights
has been granted.
(c) A crime involving moral turpitude includes the
commission of a crime involving dishonesty, fraud, deceit, misrepresentation,
deliberate violence, moral depravity, or that reflects adversely on
the applicant's honesty, trustworthiness, or fitness as a notary public,
which may include, but not be limited to:
(1) Class A and B type misdemeanors which have not
been set aside, or for which no pardon or certificate of restoration
of citizenship rights have been granted; and
(2) felony convictions which have not been set aside,
or for which no pardon or certificate of restoration of citizenship
rights have been granted.
(d) Class C type misdemeanor convictions shall not
be considered in determining eligibility.
(e) If the secretary of state discovers, at any time,
that an applicant or commissioned notary public is not eligible, the
secretary of state will reject the notary public application or revoke
the notary public commission.
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