top of page
texas.png

In-Person Paper/Electronic Notarizations

Am I required by law to maintain a notary journal in Texas?

Yes, a notary public in the State of Texas must maintain a notary journal.

Journal format

Paper/hardbound or electronic journal acceptable

 

“Notary records, other than records of online notarizations, may be maintained either in a book or electronically in a computer or other storage device so long as the records are adequately backed-up and are capable of being printed in a tangible medium when requested” (1 TAC 87.51[a]).

Journal entry requirements

  • The date of each document notarized;

  • The date of the notarization;

  • The name of the signer, grantor, subscribing witness or maker;

  • The signer’s, grantor’s, subscribing witness’s or maker’s mailing address;

  • Whether the signer, grantor or maker is personally known by the Notary; was identified by an ID card issued by a governmental agency or by a U.S. passport; or was introduced to the Notary and, if so, the name and residence address of the introducer;

  • If the document is proved by a subscribing witness, whether the witness was personally known by the Notary or introduced, and, if introduced, the name and mailing address of the introducer;

  • The name and mailing address of the grantee;

  • If land is conveyed or charged by the document, the name of the original grantee and the county where the land is located; and

  • A brief description of the document.

Prohibited journal entry information

ID numbers

“A notary public (other than a court clerk notarizing instruments for the court) shall not record in the notary’s record book: “(1) an identification number that was assigned by a governmental agency or by the United States to the principal and that is set forth on the identification card or passport presented as identification …” (1 TAC 87.50[a][1]).

 

“A notary public (other than a court clerk notarizing instruments for the court) shall not record in the notary’s record book: … any other number that could be used to identify the principal of the document” (1 TAC 87.50[a][2]).

 

Biometric data

“A notary public (other than a court clerk notarizing instruments for the court) shall not record in the notary’s record book: … a biometric identifier, including a fingerprint, voice print, and retina or iris image” (1 TAC 87.50[a][3]).

Journal retention

“Records of a notarization other than an online notarization shall be retained, in a safe and secure manner, for the longer of the term of the commission in which the notarization occurred or three years following the date of notarization” (1 TAC 87.54[a]).

What happens to the journal upon resignation or death?

“If the office of a notary public becomes vacant due to resignation, removal, or death, the county clerk of the county in which the notary public resides shall obtain the record books and public papers belonging to the office of the notary public and deposit them in the county clerk’s office” (GC 406.022). The clerk may then certify copies of these records with the same authority as if certified by the Notary (GC 406.015).

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of Texas?

Yes, notaries in the State of Texas are authorized to perform remote online notarizations

Do I have to record the Remote Online Notarization session?

Yes, a Texas Notary Public who performs notarial acts for remotely located individuals must keep an audio-visual recording of each such notarial act pursuant to Government Code 406.108(a)(6)

What is the retention period for RON recordings?

5 years

 

“The electronic record required by [Government Code 406.108] (a) shall be maintained for at least five years after the date of the transaction or proceeding” (GC 406.108[c]).

Do I have to log RON sessions in a journal?

Yes, Texas law requires the notary to log the RON session in their journal

 

“An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public” (GC 406.108[a]).

Journal format

Electronic journal required

 

“An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public” (GC 406.108[a]).

Journal entry requirements

“The electronic record must contain for each online notarization:

  • (1) the date and time of the notarization;

  • (2) the type of notarial act;

  • (3) the type, the title, or a description of the electronic document or proceeding;

  • (4) the printed name and address of each principal involved in the transaction or proceeding;

  • (5) evidence of identity of each principal involved in the transaction or proceeding in the form of: (A) a statement that the person is personally known to the online notary public; (B) a notation of the type of identification document provided to the online notary public; (C) a record of the identity verification made under Section 406.110, if applicable; or (D) the following: (i) the printed name and address of each credible witness swearing to or affirming the person’s identity; and (ii) for each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public;

  • (6) a recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence; and

  • (7) the fee, if any, charged for the notarization” (GC 406.108[a]).

RON record backups required

“The online notary public shall take reasonable steps to:

  • (2) maintain a backup for the electronic record required by [Government Code 406.108] (a); and  

  • (3) protect the backup record from unauthorized use” (GC 406.108[b]).

 

“An online notary public must also maintain a back-up of the electronic records for the same period of time. Both the original records and the back-up shall be protected from unauthorized use” (1 TAC 87.54[b]).

Reference Links

Helpful resources for Texas Notaries

  1. Texas Secretary of State Notary FAQ

  2. Title 4 of the Texas Government Code pertaining to notaries

  3. "Getting started as an Online Notary" in Texas

  4. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

bottom of page