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(a)A traditional notary public shall not perform a
notarization if the principal 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 principal are as follows:
(1)Traditional notary public personally knows the
principal; or
(2)Principal is introduced by oath of credible witness
who personally knows the principal and either is personally known
to the traditional notary public or provides qualifying identification
in accordance with paragraph (3) of this subsection; or
(3)Identification by a credential.
(c)For all notarial acts that require a notarial certificate,
the traditional notary public shall attach a notarial certificate
that names the principal, the date of the notarization, the state
and county in which the notarization is performed, and language evidencing
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 adoption and found it to be a valid exercise of the agency's legal
authority.
Filed
with the Office of the Secretary of State on July 30, 2018
TRD-201803280 Lindsey Aston
General Counsel
Office of the Secretary of State
Effective date: August 19, 2018
Proposal publication date: June 29, 2018
For further information, please call: (512) 463-5590
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