: 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	08/17/2018
ACTION	Final/Adopted

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 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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