Words and terms defined in the Texas Government Code, Chapter
406, shall have the same meaning in this chapter. For the purposes
of this chapter the following words and terms shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Credential means a valid, unexpired identification
card or other document issued by the federal government or any state
government, as defined by §311.05 of the Government Code, that
contains the photograph and signature of the principal. With respect
to a deed or other instrument relating to a residential real estate
transaction, credential also includes a current passport issued by
a foreign country.
(2) Credential Analysis means the process which complies
with Subchapter H of this chapter by which the validity of a government-issued
identification credential is affirmed by a third party through review
of public and proprietary data sources.
(3) Digital Certificate means a computer-based record
or electronic file issued to a notary public or applicant for appointment
as a notary public for the purpose of creating an official electronic
signature. The digital certificate shall be kept in the exclusive
control of the notary public.
(4) Identity Proofing means the process which complies
with Subchapter H of this chapter by which the identity of an individual
is affirmed by a third party through review of public and proprietary
(5) Online Notary Public means an individual commissioned
by the secretary of state as an online notary. An online notary has
(A) as a traditional notary public; and
(B) to perform an online notarization as provided by
Subchapter C, Chapter 406 of the Government Code and this chapter.
(6) Personal appearance or personally appear means:
(A) when performing a notarization other than an online
notarization, the principal for whom the notarization is being performed
physically appeared before the notary public at the time of the notarization
in a manner permitting the notary public and the principal to see,
hear, communicate and give identification credentials to each other;
(B) for an online notarization, the principal for whom
the notarization is being performed appears by an interactive two-way
audio and video communication that meets the online notarization requirements
as provided by Subchapter C, Chapter 406 of the Government Code and
(7) Principal means an individual:
(A) whose signature is notarized in a traditional or
online notarization; or
(B) taking an oath or affirmation from a notary public
but not in the capacity of a witness for the online notarization.
(8) Notary Public means an individual commissioned
by the secretary of state under both Subchapters A and C, Chapter
406 of the Government Code.
(9) Traditional Notary Public means an individual commissioned
by the secretary of state under Subchapter A, Chapter 406 of the Government
Code. A traditional notary public does not have the authority to perform
an online notarization unless also commissioned as an online notary