|
(a)An online notarization may only be performed by
a notary who is commissioned as an online notary public.
(b)An online notary public shall not perform an online
notarization if the online notary public is not physically in Texas
at the time of the notarization.
(c)An online notary public shall not perform an online
notarization if the document signer does not personally appear before
the notary public at the time of notarization in accordance with §87.1
of this title (relating to Definitions).
(d)The methods by which an online notary public identifies
a signer are as follows:
(1)Online notary public personally knows the principal;
or
(2)Principal is introduced by oath of credible witness
who either is personally known to the online notary public or provides
qualifying identification in accordance with paragraph (3) of this
subsection; or
(3)Principal or credible witness is identified using
the identity proofing and credential analysis standards in accordance
with subchapter H of this chapter.
(e)The online notary public shall attach an electronic
notarial certificate to all written notarial acts that identifies
the principal, the date of the notarization, the state and county
in which the notarization was performed, that the notarial act was
an online notarization, and the type of the notarial act performed.
The notarial certificate shall be signed and include an attachment
of the online notary public’s seal.
(f)The liability, sanctions, and remedies for the
improper performance of online notarial acts are the same as described
and provided by law for the improper performance of traditional notarial
acts.
(g)An online notary public shall keep a record of
all notarial acts in accordance with §406.108, Government Code,
and Chapter 87 of this title. The record of the audio-visual communication
shall include:
(1)the means by which the online notary public establishes
the identity of the principal and any credible witnesses; and
(2)the actual notarial act performed.
(h)The online notary public shall not disclose any
access information used to affix the notary’s electronic signature
and seal except when requested by the secretary of state, law enforcement,
the courts, and with reasonable precautions, electronic document preparation
and transmission vendors.
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
|
