(a) The secretary of state has developed a system for
electronic submission of the application for a traditional notary
public commission, the bond required under §406.010 of the Government
Code, and the statement of officer. The secretary of state authorizes
the submission of these documents electronically on behalf of a traditional
notary public under the following terms and conditions:
(1) the submitter must comply with the technical specifications
contained in the eNotary Web Service Consumer's Guide available through
the Information Technology Division of the Office of the Secretary
of State;
(2) the traditional notary public application and the
statement of officer signed by the applicant and the surety bond signed
by an officer or attorney-in-fact for the surety must be attached
to the electronic submission as an image in the format specified in
the eNotary Web Service Consumer's Guide; and
(3) all fees must be paid by prepaid account, LegalEase®
or credit card.
(b) If the applicant is qualified, the secretary of
state shall cause the commission to be issued and the educational
materials to be sent to the traditional notary public. On commission,
the applicable fees will be charged to the prepaid account, LegalEase®
or the credit card.
(c) If the application is rejected, the secretary of
state will return a notice of the rejection to the submitter electronically.
On rejection, no fees are charged to the account, LegalEase® or
to the credit card.
(d) Status of a traditional notary public application
submission may be checked through use of a web service interface.
(e) If the submitter is not able to consistently comply
with the technical specifications and the submissions are failing
as a result, the secretary of state may revoke the privilege of the
submitter to submit electronically until all technical issues are
resolved to the satisfaction of the secretary of state.
(f) As part of the electronic submission, the submitter
is responsible for accurately entering the data elements related to
the application. Repeated and consistent entry errors may result in
a revocation of the privilege of the submitter to submit electronically.
(g) The submitter shall retain the original signed
application, surety bond and statement of officer until the commission
is issued by the secretary of state.
(h) The secretary of state will not accept electronic
applications on behalf of an applicant who has been convicted of a
felony or a crime of moral turpitude. The application under these
circumstances (along with the statement of officer, the bond, the
explanation of the criminal conviction and the applicable fees) must
be delivered to the secretary of state by mail, courier or personal
delivery.
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