(a) The jurisdiction of the secretary of state to investigate
a complaint is limited to individuals who are commissioned or have
applied for commission or renewal of a commission as a Texas notary
public. The jurisdiction of the secretary of state to investigate
a complaint ceases upon the expiration, revocation or surrender of
a notary public commission, except as provided in §87.35 of this
title (relating to Time for Action).
(b) A person harmed by the actions of a notary public
may file a complaint with the secretary of state on a form prescribed
by the secretary of state. The complaint shall include:
(1) the name of the notary public who is the subject
of the complaint;
(2) the expiration date of the notary public's current
commission;
(3) the name, mailing address, and email address of
the individual filing the complaint;
(4) whether the notary was performing an online notarization;
(5) a recitation of the facts, within the personal
knowledge of the complainant, relating to the alleged misconduct by
the notary public; and
(6) copies of the notarized documents that are the
subject of the complaint.
(c) The complaint shall be signed and verified by the
person alleging misconduct on the part of the notary public.
(d) The secretary of state may, for good cause, as
defined in §87.31 of this title (relating to Good Cause), and/or
as otherwise referenced in this title, initiate its own complaint
against a notary public.
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