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Texas Notary Requirements 2026: SOS Course, Bond, Fees

Key Facts

  • Texas notary applicants must complete the Secretary of State's education course before applying, for applications submitted on or after January 1, 2026 (1 TAC 87.8).
  • The Texas notary education course requires at least 70% of the questions presented, and the assessment allows 30 minutes (1 TAC 87.8; SOS application guide).
  • The Texas notary education course costs a nonrefundable $20 per attempt, with no more than 3 attempts in a 3-month period (1 TAC 87.5, 87.8).

• Texas notary commission requires a $10,000 surety bond and $21 filing fee

  • A Texas notary commission term expires 4 years after the date the notary qualifies (Government Code 406.002).
  • A Texas notary must keep a record book and retain records until the 10th anniversary of the date of notarization (Government Code 406.014).
  • Texas acknowledgment fees are capped at $10 for the first signature and $1 for each additional; a deposition costs at most $10 plus $1 per 100 words
  • Texas requires a not-an-attorney notice in English and the ad's language when a notary advertises in a language other than English (Government Code 406.017).
  • Texas allows online notarization only by a notary separately commissioned as an online notary public by the Secretary of State (1 TAC 87.41).

Texas Notary Public Requirements Overview

Texas requires an education course before you can apply for a notary commission. For applications submitted on or after January 1, 2026 , you must complete the Texas Secretary of State's notary education course and answer at least 70% of the questions presented. The SOS Notary Portal calls the test the Notary Education Assessment ; many people call it the Texas notary exam.

Your path to a Texas notary commission runs through the Texas Secretary of State and involves meeting the eligibility requirements, completing the course, obtaining a surety bond, submitting your application, and signing your commission under oath.

Texas Notary Requirements at a Glance

  • Requirement Details
  • Education required Yes: the SOS course, up to 2 hours
  • Assessment At least 70% of the questions presented, in 30 minutes
  • Course fee $20 per attempt, nonrefundable
  • Minimum age 18 years old
  • Residency Texas resident
  • Surety bond $10,000
  • Commission term 4 years
  • Filing fee $21
  • Record book Required; retain records 10 years
  • Maximum acknowledgment fee $10 first signature; $1 each additional
  • Governing law Texas Government Code Chapter 406 and 1 TAC Chapter 87
  • Eligibility Requirements

To become a notary public in Texas, you must meet all of the following requirements:

  • Basic Qualifications
  • Age: Must be at least 18 years old
  • Residency: Must be a resident of the State of Texas

Criminal History: Must not have been convicted of a felony or a crime involving moral turpitude, unless the conviction was set aside or a pardon or certificate of restoration of citizenship rights was granted

Education: Must pass the Secretary of State's education requirement

Citizenship is not on the list. The Secretary of State runs background checks on all applicants.

The SOS Education Course

Only a course established and offered by the Secretary of State counts, so private notary courses do not fulfill the requirement. Here is how it works:

  • Length: The course may not exceed 2 hours
  • Fee: $20 each time you take the course, nonrefundable
  • Fee window: Take the course on or before the 90th day after the SOS receives your fee, or the fee is forfeited

Assessment: You have 30 minutes and must answer at least 70% of the questions presented. The SOS does not publish a question count

  • Attempts: No more than 3 times in a 3-month period
  • Proof: Your application needs proof that you completed the course within one year before you submit it
  • Step-by-Step Application Process
  • Step 1: Complete the SOS Education Course

Create an SOS Portal account, pay the $20 fee, watch the course videos, and complete the assessment in the SOS Notary Portal. On the final question, click Submit, or the attempt scores 0.

Step 2: Obtain Proof of a $10,000 Surety Bond

Before you submit your application, get a $10,000 surety bond from a Texas-licensed surety. The company completes the Proof of Bond form (2301-B). The bond protects the public against financial loss from a notary's actions; it does not protect you. Premiums vary by surety.

Step 3: Complete the Application

Submit your application in the SOS Notary Portal . It asks for your legal name, address information, and answers about your criminal history, and it includes the Statement of Officer. Upload your proof of bond; the application will not progress without it.

Step 4: Pay the Filing Fee

The filing fee is $21 : $10 for the commission, $10 for filing the bond, and $1 for the SOS investigator and notary materials.

Step 5: Download Your Commission

Once approved, you receive an email and your commission is available as a one-time download from the SOS Notary Portal. Your term expires 4 years after the date you qualify.

Step 6: Sign Your Commission Under Oath

You must sign your commission under oath in the presence of a notary public or other authorized official before you perform any notarial duties. You cannot execute your own oath. You do not file the oath with a county clerk or return the commission to the Secretary of State.

Step 7: Obtain Your Notary Seal and Record Book

Buy a seal or stamp that matches your commission exactly, and a record book.

Texas Notary Seal Requirements

Texas law specifies exactly what must appear on your official notary seal:

  • Seal Element Requirement
  • Title and star "Notary Public, State of Texas" around a star of five points
  • Notary name Your name as commissioned
  • Identifying number The notary ID number assigned by the Secretary of State
  • Commission expiration Your commission expiration date
  • Shape Circular, up to 2 inches across, or rectangular, up to 1 inch by 2.5 inches
  • Border Serrated or milled edge
  • Device A seal press or a stamp; a stamp must use an indelible ink pad

The seal must legibly reproduce the required elements under photographic methods.

Texas Notary Fee Schedule

Texas Government Code Section 406.024 sets maximum fees by service. HB 255 raised the former $6 fees to $10 effective September 1, 2023; these are the current amounts shown on the Texas Secretary of State fee schedule .

  • Service Maximum Fee
  • Acknowledgment or proof, including certificate and seal $10 first signature; $1 each additional signature
  • Jurat / oath or affirmation with certificate and seal $10
  • Certificate under seal not otherwise provided for, including an authorized copy certification $10
  • Copies of records or papers in the notary's office $1 per page
  • Taking a deposition $1 per 100 words
  • Swearing a deposition witness, certificate, seal, and related business $10
  • Protest of a bill or note for nonacceptance/nonpayment, register and seal $4
  • Each notice of protest $1
  • Protest in other cases; certificate and seal to a protest $4 for each listed service
  • Other notarial acts not provided for $10
  • Online notarization (Section 406.111) Up to $25 in addition to the regular notarial fee

For a 4,500-word deposition, the maximum is $10 for swearing the witness, the certificate, seal, and related business, plus 45 × $1 for the transcription: $55 total .

These are maximums: charging less or waiving a fee is permitted. Charging more than the applicable statutory maximum can result in disciplinary action. There is no single flat fee for every notarial service.

  • Texas-Specific Rules You Must Know
  • Notario and Foreign-Language Advertising

Using the phrase "notario" or "notario publico" to advertise notary services is an offense for a notary who is not a licensed Texas attorney. If you advertise your notary services in a language other than English , you must also include a notice. It must say you are not an attorney, be in English and in the language of the advertisement , appear in letters of a conspicuous size, include the fees a notary may charge, and include this statement:

"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."

A violation of Texas Government Code Section 406.017 is a Class A misdemeanor, or a third-degree felony with a prior conviction under that section.

Online Notarization (RON)

Texas has authorized online notarization since July 1, 2018 . A traditional commission does not include it. To notarize online, you must:

  • Hold a current Texas notary commission
  • Complete the SOS education requirement on online notary subject matter
  • Apply separately to the Secretary of State ($50 application fee)
  • Use a system that meets the SOS standards; the SOS publishes no list of approved platforms
  • Use third-party credential analysis and identity proofing for a signer you do not personally know
  • Record the session

Keep online records at least 5 years under Government Code 406.108(c); the SOS online course says 10 years, so keep them 10

Online notaries cannot perform online notarizations for wills, codicils, or testamentary trusts.

Record Book Requirements

Texas requires a notary to keep a record book, whether or not you charge fees. Failure to maintain records is good cause for the Secretary of State to act against your commission. You may keep it in a book or electronically, as long as electronic records are backed up and can be printed when requested.

Each entry must include:

  • The date of the document and the date of the notarization
  • The type of notarial act and a brief description of the document
  • The signer's name and mailing address
  • The method and type of identification
  • For a credible witness, the witness's name and mailing address

If land is conveyed or charged, the name and mailing address of the grantee and the county where the land is located

Never record an ID number from a card or passport, any other number that could identify the signer, or a fingerprint or other biometric identifier. Keep the records until the 10th anniversary of the date of notarization. If you charge fees, enter them in a separate fee book.

Renewal Process

Your Texas notary commission expires after 4 years , with no grace period. To renew:

  • Complete the SOS continuing education course -- Up to 2 hours; answer at least 70% of the questions presented
  • Apply for reappointment -- Not earlier than 90 days before your commission expires
  • Obtain a new $10,000 surety bond -- Your old bond runs with your old term
  • Pay the $21 filing fee again
  • Sign your new commission under oath in front of a notary or other authorized official
  • Order a new seal showing your new expiration date

Tip: Start early, because you cannot notarize once your commission expires.

Penalties for Notary Misconduct

Texas takes notary misconduct seriously:

  • Offense Potential Penalty
  • Knowingly notarizing for a signer who did not personally appear Class A misdemeanor
  • Same offense, document involves the transfer of real property or any interest in it State jail felony

Violating Section 406.017 (including using "notario" to advertise) Class A misdemeanor; third-degree felony with a prior conviction

  • Charging more than the maximum fee Possible criminal prosecution; suspension or revocation
  • Failure to maintain records Good cause for rejection, suspension, or revocation

The Secretary of State may, for good cause, reject an application or suspend or revoke a commission, subject to notice, hearing, and appeal.

Cost Breakdown: Becoming a Texas Notary

  • Expense Cost
  • SOS education course $20 per attempt
  • Filing fee $21
  • Surety bond premium Varies by surety
  • Notary seal/stamp Varies by vendor
  • Record book Varies by vendor

The fixed state fees total $41 if you complete the course on the first attempt.

  • Tips for New Texas Notaries
  • 1. Take the Course When You Are Ready to Apply

Your proof of completion must be from within one year before you submit your application, and you have 90 days from payment to take the course.

2. Start Your Record Book With Your First Notarization

If someone claims you did not properly perform a notarial act, your entry is your evidence. It must show how you identified the signer, never the ID number.

3. Understand Document Types

Learn the difference between acknowledgments and jurats. A notary who is not an attorney may not choose the certificate; the signer chooses, and you may attach it.

4. Know Your Limits

As a Texas notary who is not an attorney, you cannot :

  • Give legal advice
  • Prepare, draft, or select legal documents
  • Notarize your own signature
  • Notarize documents when you are a party or have a financial or beneficial interest
  • Notarize a document if the signer does not personally appear
  • 5. Know What a Signing Agent Is

The Secretary of State does not commission or register signing agents. Statutory notarial fees still apply; for example, a first-signature acknowledgment is capped at $10.

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