: Texas Register

Texas Register

TITLE 1	ADMINISTRATION
PART 4	OFFICE OF THE SECRETARY OF STATE
CHAPTER 87	NOTARY PUBLIC
SUBCHAPTER E	NOTARY PROCEDURES
RULE §87.42	Refusal of Requests for Notarial Services
ISSUE	06/29/2018
ACTION	Proposed

Preamble

Texas Admin Code Rule

(a)A notary public is authorized to refuse to perform a notarial act if:

(1)the notary public has reasonable grounds to believe that the principal is acting under coercion or undue influence;

(2)the notary public has reasonable grounds to believe that the document in connection with which the notarial act is requested may be used for an unlawful or improper purpose;

(3)the notary public has reasonable grounds to believe the signing party does not have the capacity to understand the contents of the document; or

(4)the notary public is not familiar with the type of notarization requested.

(b)A notary public who is employed by a governmental body shall not perform notarial services that interfere with the notary's discharge of the notary's duties as a public employee.

(c)An employer may limit or prohibit an employee who is a notary public from notarizing during work hours.

(d)A notary public may not refuse a request for notarial services on the basis of the sex, age, religion, race, ethnicity or national origin of the requesting party.

(e)A notary public should refuse a request for notarial services only after careful deliberation.

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 June 18, 2018

TRD-201802749

Lindsey Aston

General Counsel

Office of the Secretary of State

Earliest possible date of adoption: July 29, 2018

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

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