Texas Register

TITLE 1 ADMINISTRATION
PART 4OFFICE OF THE SECRETARY OF STATE
CHAPTER 87NOTARY PUBLIC
SUBCHAPTER ENOTARY PROCEDURES
RULE §87.40Traditional Notarization Procedures
ISSUE 05/04/2018
ACTION Proposed
Rule Withdrawn: 06/18/2018
Preamble Texas Admin Code Rule

(a)A traditional notary public shall not perform a notarization if the document signer does not personally appear before the notary at the time of notarization in accordance with §87.1 of this title (relating to Definitions).

(b)The methods by which a traditional notary public identifies a signer are as follows:

  (1)Traditional notary public personally knows the principal; or

  (2)Principal is introduced by oath of credible witness who either is personally known to the traditional notary public or provides qualifying identification in accordance with paragraph (3) of this subsection; or

  (3)Principal or credible witness is identified by a credential.

(c)The traditional notary public shall attach a notarial certificate to all written notarial acts that names the principal, the date of the notarization, the state and county in which the notarization is performed, and the type of notarial act performed. The notarial certificate shall be signed and include an impression of the notary’s seal.

(d)The traditional notary public shall keep a record of all notarial acts in accordance with §406.014, Government Code, and this chapter.

(e)This section shall apply to a traditional notary public who performs notarizations on tangible or electronic records.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 23, 2018

TRD-201801804

Carmen Flores

Interim General Counsel

Office of the Secretary of State

Earliest possible date of adoption: June 3, 2018

For further information, please call: (512) 463-5590



Next Page Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page