Texas Handbook Trivia - Test Your Knowledge Tuesday

Are you ready to sharpen your skills and ensure you are following the rules to the letter? In this episode, Eddie Montes Travis and Marylyn Lee Trotter challenge you with a fast-paced trivia session focused entirely on the official Texas Notary Public Handbook. It is time to see how well you really know the laws that govern your commission in the Lone Star State.

• Texas Fee Schedules: A detailed look at the maximum fees a notary can legally charge for various acts like acknowledgments and protests to ensure you stay within legal limits.
• Prohibited Acts: Understanding what specific actions can lead to a commission suspension or revocation according to the official state manual guidelines.
• Journal Requirements: Reviewing the specific entries and record-keeping standards required by Texas law for every notarial act performed.
• Identifying Signers: Testing your knowledge on the acceptable forms of identification and the role of credible witnesses in the state of Texas.

Testing your knowledge is the best way to stay compliant and professional. This trivia session helps highlight areas where you might need a quick refresher to protect your business. Please subscribe and like the podcast to stay updated on all our weekly tips and challenges.

Show Notes:
• Fun trivia challenge based on the Texas Notary Public Handbook.
• Detailed review of legal fees and administrative rules for Texas.
• Insights into proper record-keeping and journal entry standards.
• Tips for avoiding common compliance errors in the Lone Star State.

Buy Becoming a Notary on Amazon

Notary Knowledge Reference Guide and Notary Bible on Amazon

Your Sunday Notary Reading:
Notary Public Foundation: Essential Guide to Core Duties, Ethics, and Commissioning on Amazon

Your Monday Notary Reading:
Notary Operational Excellence: Mastering Certificates, Journals, Ink, and Copy Certification on Amazon

Your Tuesday Notary Reading:
Notary Fraud Shield: Real-World Tactics, Red Flags, and Refusal Strategies on Amazon

Your Wednesday Notary Reading:
The Mobile Notary Blueprint: Launching and Managing Your On-Demand Business on Amazon

Your Thursday Notary Reading:
Notary Niche Navigator: Your Guide to Loan Signings, Apostilles, I-9s, and More on Amazon

Your Friday Notary Reading:
Notary Law & Liability: Understanding State Regulations, Insurance, and Avoiding UPL

Your Saturday Notary Reading:
The Future Notary: Mastering RON, eNotary, and Complex Scenarios on Amazon

Quick & Easy Solutions: How to Increase Mobile Notary Business for More Success & Profit: with 37 Professional Tips on Amazon

Executive Producer Derrick Spruill
Writers Marylyn Lee Trotter and Eddie Montes Travis
Graphics & Illustrations by Eddie Montes Travis
Music by Thomas Bynum
This Show is Produced by Magnificent Workz
Business Solutions

Transcript

SPEAKER_00 0:01

Are you looking for an edge, flexible income, and immediate professional respect? Discover the hidden opportunity of becoming a public official with the book, Becoming a Notary by Derek Sproul. This beginner's guide provides the universal roadmap to launch your new career. You will learn the core mission of deterring fraud, the essential tools of the trade, and exactly how to protect yourself while building a respective business. Get your copy of Becoming a Notary on Amazon and step into a rewarding profession.

SPEAKER_02 0:40

Welcome to Notary Knowledge. We're your hosts, Eddie Montes Travis and Marilyn Lee Trotter.

SPEAKER_03 0:45

Yeah, we are uh so incredibly glad to have you joining us today.

SPEAKER_02 0:49

Absolutely. And before we get completely lost in today's deep dive into the source material, we really want to encourage you to check out our video podcast, No Notary, with Eddie Montes Travis.

SPEAKER_03 1:01

Right. And also Marilyn's 90 Seconds of Notary. They're um they're fantastic visual companions to what we do here.

SPEAKER_02 1:08

They really are. And, you know, if you are truly serious about mastering your craft, we strongly encourage you to buy the notary knowledge books by Derek Sprohl.

SPEAKER_03 1:17

Oh, yeah, definitely. And make sure to visit the notary knowledge website too. There are just incredible resources there.

SPEAKER_02 1:22

For sure. Also, please take a second to rate the show, subscribe, and share the podcast with others. It uh it really helps us keep bringing this content directly to you.

SPEAKER_03 1:31

Yeah, it means a lot. So if you've been listening to our prior episodes, you know we've laid down the foundational elements of notarial acts.

SPEAKER_02 1:37

Right, like the basic differences between acknowledgments and giraffes.

SPEAKER_03 1:41

Exactly. But today, um, today is an entirely different beast. It's a specialized masterclass.

SPEAKER_02 1:47

We are doing Texas handbook trivia today, focusing entirely on Texas laws.

SPEAKER_03 1:52

Yeah, so we've structured this deep dive as exactly 10 multiple choice questions.

SPEAKER_02 1:58

And these are designed to aggressively test your knowledge of, well, Texas administrative codes, government codes, and some massive recent legislative updates.

SPEAKER_03 2:07

We're talking about the seismic shifts from House Bill 255 and Senate Bill 693.

SPEAKER_02 2:13

The stakes here, I mean, they really couldn't be higher. Even veteran professionals stumble on this stuff.

SPEAKER_03 2:18

All the time.

SPEAKER_02 2:18

Right. Because we're looking at the mechanics of state jail felonies, uh, unauthorized practice of law, and strict physical rules for your tools.

SPEAKER_03 2:27

It's a lot. So let's just jump directly into the fire with our first trivia block.

SPEAKER_02 2:31

I love it. So before a notary can even pick up a stamp, they have to get past the state's rigorous background checks. The barrier to entry is pretty high.

SPEAKER_03 2:38

Yeah, it really is.

SPEAKER_02 2:40

So here's question one. Under Texas law, which of the following permanently disqualifies a resident from becoming a notary public unless they receive a pardon?

SPEAKER_03 2:48

Okay, let's hear the options.

SPEAKER_02 2:50

Option A is a Class C misdemeanor conviction. Option B is any final conviction for a crime involving moral turpitude. Option C is being 19 years old. And option D is being a legal resident of Texas, but not a U.S. citizen.

SPEAKER_03 3:06

Aaron Powell All right. Take two or three seconds to lock in your answer.

SPEAKER_02 3:08

Aaron Powell Got it. Okay. The correct answer is B. Any final conviction for a crime involving moral turpitude.

SPEAKER_03 3:15

Yeah. Option B. And let's let's actually break down the core eligibility here because option C and D represent incredibly common misconceptions.

SPEAKER_02 3:22

Absolutely. We see people arguing about those on forums all the time.

SPEAKER_03 3:25

Aaron Ross Powell Right. So the age requirement in Texas is 18. Being 19, like in option C is perfectly fine. You're legally an adult.

SPEAKER_02 3:32

Aaron Powell And what about the citizenship thing in option D?

SPEAKER_03 3:34

Aaron Powell So U.S. citizenship is actually not legally required by Texas to hold a commission. You can be a legal permanent resident.

SPEAKER_02 3:41

Oh wow.

SPEAKER_03 3:41

Yeah, but state residency is absolutely mandatory.

SPEAKER_02 3:44

Right. So you have to actually live in Texas.

SPEAKER_03 3:46

Exactly. That residency requirement is ironclad. If you get your commission while living in Dallas and two years later you move your primary residence across the border to Oklahoma.

SPEAKER_02 3:57

Your commission is just gone.

SPEAKER_03 3:58

It's immediately invalidated, yeah. You cannot take it with you, and you definitely can't commute across state lines to use it.

SPEAKER_02 4:04

Aaron Ross Powell That makes sense. But let's look at the correct answer because um moral turpitude is just this phrase that carries massive legal weight.

SPEAKER_03 4:13

Aaron Powell Uncompromising weight, yeah.

SPEAKER_02 4:15

I always look at the application process almost like uh applying for a high-level security clearance. You submitted Department of Public Safety background check. You do. But why is the state so aggressively focused on that specific phrase moral turpitude while explicitly ignoring something like a Class C misdemeanor?

SPEAKER_03 4:33

Aaron Ross Powell Well, under Title I of the Texas Administrative Code, section 87.urNC, a crime involving moral turpitude is defined very specifically.

SPEAKER_02 4:42

Okay. What does it actually cover?

SPEAKER_03 4:44

It includes acts of dishonesty, fraud, deceit, misrepresentation, or deliberate violence.

SPEAKER_02 4:48

So it's about your core character.

SPEAKER_03 4:50

Exactly. It inherently reflects adversely on your honesty. The whole philosophy of the office is that you are the state's first line of defense against document fraud.

SPEAKER_02 5:00

You're an impartial witness.

SPEAKER_03 5:01

Right. Commissioned by the Secretary of State to establish irrefutable trust.

SPEAKER_02 5:06

Aaron Ross Powell So if I get a Class C misdemeanor, which is like a traffic ticket, right?

SPEAKER_03 5:11

Yeah, usually a traffic ticket or a really minor infraction.

SPEAKER_02 5:14

Like leaving my trash cans out too long, that doesn't mean I'm fundamentally deceitful. I just drove too fast.

SPEAKER_03 5:20

Exactly the distinction the state makes. A traffic ticket doesn't indicate you'd lie on a mortgage document.

SPEAKER_02 5:25

Right.

SPEAKER_03 5:26

But a class A or B misdemeanor involving, say, fraud or embezzlement, that absolutely speaks to your capacity for honesty.

SPEAKER_02 5:35

Aaron Powell And if you have a final conviction for deceit, you just cannot be trusted to act as an impartial witness. Trevor Burrus, Jr.

SPEAKER_03 5:41

Right. And we really have to talk about the financial architecture behind that trust, too.

SPEAKER_02 5:44

Oh, the surety bond.

SPEAKER_03 5:46

Yes, the surety bond. Every single Texas notary has to maintain a $10,000 surety bond for their entire four-year commission.

SPEAKER_02 5:54

Aaron Powell But I think a lot of people completely misunderstand what that bond actually does. Like it's not liability insurance for the notary, right?

SPEAKER_03 6:02

No, it absolutely is not. The surety bond protects the public from you.

SPEAKER_02 6:06

Wow. Okay.

SPEAKER_03 6:07

Yeah. If you commit an error or official misconduct and a citizen loses money because of your fraudulent notarization, they make a claim against your bond.

SPEAKER_02 6:16

So the bonding company pays the citizen up to 10 grand.

SPEAKER_03 6:20

Right, to make them whole. But then the bonding company turns around and comes after you to recoup that money.

SPEAKER_02 6:26

Which perfectly explains the strict background checks.

SPEAKER_03 6:29

Yeah.

SPEAKER_02 6:29

Bonding companies are just assessing risk.

SPEAKER_03 6:31

Exactly. If you have a history of fraud, you're an extreme liability. They don't want to underwrite you, and the state won't accept the risk.

SPEAKER_02 6:39

Is the gateway entirely shut if you have a past conviction, though?

SPEAKER_03 6:43

Not entirely, but it is heavily guarded. You have to submit certified copies of your court paperwork plus a detailed written statement explaining the offense.

SPEAKER_02 6:52

So you have to actually prove rehabilitation.

SPEAKER_03 6:54

Yeah, before they even consider reviewing your application.

SPEAKER_02 7:06

The official seal. Right. You project your authority outward into the world with your physical seal, but the state dictates exactly what that projection must look like.

SPEAKER_03 7:15

Very strictly.

SPEAKER_02 7:16

So that brings us to question number two. According to Texas government code 400 S OPO013, which of the following is not required to be visible on a Texas notary seal?

SPEAKER_03 7:28

Let's hear them.

SPEAKER_02 7:29

Option A is a star of five points. Option B is the notary's identifying number. Option C is the county where the notary resides. Option D is the words notary public, state of Texas.

SPEAKER_03 7:39

Give it two or three seconds to think.

SPEAKER_02 7:40

All right, time's up. The correct answer is option C, the county where the notary resides.

SPEAKER_03 7:45

Yes. You do not put your county on the Texas notary seal.

SPEAKER_02 7:48

And this is such a trap for people who move to Texas from other states where county commissioning is the norm, right?

SPEAKER_03 7:53

Oh, absolutely. In Texas, you have statewide jurisdiction. If you live in Travis County, you can drive to El Paso and legally perform a notarization.

SPEAKER_02 8:00

Your authority covers all 254 counties.

SPEAKER_03 8:03

Exactly. But while they give you vast geographic reach, they heavily restrict the physical blueprint of the seal itself.

SPEAKER_02 8:10

So what exactly has to be on it?

SPEAKER_03 8:12

You need the words notary public, state of Texas, placed in a circle around a star of five points.

SPEAKER_02 8:18

Okay, got it.

SPEAKER_03 8:19

You need your commission name exactly as it appears on your state certificate, your commission expiration date.

SPEAKER_02 8:25

And the ID number, right?

SPEAKER_03 8:26

Yes, crucially. Mandated for all commissions issued or renewed since 2016. You must have your unique notary ID number on there.

SPEAKER_02 8:34

Now I want to focus on the physical specifications because you can't just like order a custom shape from an arts and crafts store.

SPEAKER_03 8:41

No. The geometry is strictly regulated by the administrative code.

SPEAKER_02 8:45

Aaron Powell What are the exact dimensions?

SPEAKER_03 8:47

It has to be either a circular form, no more than two inches in diameter, or a rectangular form no more than one inch in width and two and a half inches in length.

SPEAKER_02 8:55

And there's a really specific physical detail that chief stamp manufacturers always miss, isn't there?

SPEAKER_03 9:00

Yes, the milled edge border. The seal must possess a serrated or milled edge border. If it's just a smooth line, it is not legally compliant.

SPEAKER_02 9:10

That is wild. And we also have to talk about the ink, because a beautiful stamp means nothing if the county clerk can't read it when it's scanned.

SPEAKER_03 9:18

Right. Legibility is a critical statutory requirement. The seal impression must be photographically reproducible.

SPEAKER_02 9:24

So you need permanent ink.

SPEAKER_03 9:26

Indelible ink, yeah. Black ink is strongly recommended, though not explicitly mandated by color, because black ensures the absolute highest contrast for digital scans.

SPEAKER_02 9:37

What if someone uses one of those old school traditional metal embossers?

SPEAKER_03 9:42

Oh, the ones that physically crimp the paper? If you use that, you are legally required to take a secondary step.

SPEAKER_02 9:48

Which is.

SPEAKER_03 9:49

You have to use an impression incher.

SPEAKER_02 9:50

Like essentially a solid inked surface you rub over the crimped paper.

SPEAKER_03 9:55

Exactly. It darkens only the raised edges of the star and the text. If you just crimp the paper and leave it blank, the scanner sees nothing but white space.

SPEAKER_02 10:03

And the document gets rejected.

SPEAKER_03 10:04

Yep. But um the most significant change to the seal recently doesn't even involve the ink or the shape.

SPEAKER_02 10:10

It's about who gets to touch it.

SPEAKER_03 10:12

Exactly. We need to look closely at House Bill 255. It introduced a critical new rule regarding the security of the seal.

SPEAKER_02 10:20

This is a massive update. It addresses a chronic issue in the corporate world. HB 255 strictly prohibits notaries from providing a copy of their seal to anyone else.

SPEAKER_03 10:31

Right. The seal can only be a fix to authenticate an official act.

SPEAKER_02 10:35

So this ends that dangerous corporate practice of HR demanding practice stamps.

SPEAKER_03 10:40

Yes. For years, HR departments would demand a newly commissioned employee stamp a blank sheet of paper to keep in their file.

SPEAKER_02 10:48

Just to prove they had their stamp.

SPEAKER_03 10:50

Right, or to keep it on record.

SPEAKER_02 10:51

I always compare it to a police officer's badge. It belongs to the officer, not the precinct building.

SPEAKER_03 10:56

That's a perfect analogy. The seal belongs to you as the commissioned individual, not the employer who paid your application fee.

SPEAKER_02 11:03

Providing practice stamps on blank paper is now completely, explicitly illegal.

SPEAKER_03 11:08

Because you're creating an unattached, authenticated seal that could just be photocopied and dropped onto a fraudulent document.

SPEAKER_02 11:14

That is terrifying. And employers can't confiscate your seal if you leave your job either.

SPEAKER_03 11:19

Absolutely not. There is a specific Texas Attorney General opinion, GA0723, that explicitly states an employer does not own a notary's record book or seal.

SPEAKER_02 11:30

Even if the employer paid for all of it.

SPEAKER_03 11:32

Even if they paid the bond, the supplies, the fee. The moment you walk out the door, those tools stay under your exclusive personal control.

SPEAKER_02 11:40

So if you're listening to this right now and you know your HR department has a physical impression of your stamp in a filing cabinet.

SPEAKER_03 11:46

You need to go request that paperback and shred it today. Period.

SPEAKER_02 11:50

It is your liability. All right. Which brings us to the internal private counterpart to that public seal your record book.

SPEAKER_03 11:57

Ah, the journal.

SPEAKER_02 11:59

Keeping a meticulous journal is a notary's absolute best defense in court. But recording the wrong thing can actually put you in direct violation of state administrative law.

SPEAKER_03 12:08

It's a tricky balance.

SPEAKER_02 12:09

Very tricky. So question three Under Texas Administrative Code 87.50, what information is a Texas notary strictly prohibited from recording in their traditional journal?

SPEAKER_03 12:19

Okay, what are the choices?

SPEAKER_02 12:20

Option A is the expiration date of the signer's ID. Option B is the mailing address of the signer. Option C is the serial or identifying number of the signer's government ID. Option D is a brief description of the document.

SPEAKER_03 12:33

Go ahead and take two or three seconds to think about it.

SPEAKER_02 12:35

Okay, the correct answer is C. This serial or identifying number of the signer's government ID.

SPEAKER_03 12:41

Yes. This introduces a fascinating situation that we call the privacy paradox.

SPEAKER_02 12:47

Let's unpack that. Texas law mandates that you keep a record book for every single notarial act, right?

SPEAKER_03 12:53

Even if you are notarizing for a family member and you don't charge a single dime.

SPEAKER_02 12:57

But TAC 87.5 narrow explicitly bans you from recording the exact piece of information that would best prove who was standing in front of you.

SPEAKER_03 13:06

It feels counterintuitive at first. You want to document everything to protect yourself, but the state places a hard limit to protect the citizen's identity.

SPEAKER_02 13:14

So no social security numbers.

SPEAKER_03 13:15

No social security numbers. You cannot write down driver's license numbers, state ID card numbers, military ID numbers, or passport numbers.

SPEAKER_02 13:22

What about thumbprints, like they do in California?

SPEAKER_03 13:25

Strictly forbidden, you cannot record biometric identifiers like fingerprints or retinal scans in a Texas notary journal.

SPEAKER_02 13:33

There is a very important nuance here brought about by House Bill 255.

SPEAKER_03 13:37

Right.

SPEAKER_02 13:37

While you cannot write down the literal string of numbers on the driver's license, the law now explicitly allows you to record the ID's expiration date.

SPEAKER_03 13:47

Which is such a helpful update. Recording the expiration date threads the needle between security and privacy.

SPEAKER_02 13:53

Because it proves the ID was legally current at the exact time of the notarization.

SPEAKER_03 13:57

Exactly. A massive percentage of rejected or contested notarizations happen because the IDA was expired.

SPEAKER_02 14:03

So by logging the expiration date, you prove you did your diligence, but you protect the signer against identity theft.

SPEAKER_03 14:10

Yes. But we should dig into why the state is so protective of this data inside your journal specifically.

SPEAKER_02 14:16

Right, because a bank records ID numbers. Hospitals do it. Why is the notary record book treated like a radioactive hazard?

SPEAKER_03 14:23

Because under Texas government code 406.014, your notary record book is fundamentally public information.

SPEAKER_02 14:31

It is not your private diary.

SPEAKER_03 14:32

Not at all. If a citizen, literally any citizen, requests a copy of an entry from your book and they pay the statutory fee, you have a legal obligation to provide a certified copy.

SPEAKER_02 14:45

Within 10 business days.

SPEAKER_03 14:46

Within 10 business days.

SPEAKER_02 14:48

So what does that timeline actually look like? Like if someone walks off the street, can they just demand to browse through your book?

SPEAKER_03 14:54

No, they cannot demand to simply browse through it like a library catalog. They might see other people's entries.

SPEAKER_02 15:01

Right. That would be a huge privacy breach.

SPEAKER_03 15:03

They have to specify the entry they want. And you have that 10-day buffer to process the request.

SPEAKER_02 15:09

What if the book is locked in a safe deposit box and the bank is closed?

SPEAKER_03 15:13

If you can't produce it in 10 days, you must certify that delay in writing and set a reasonable specific date and hour when the record will be provided.

SPEAKER_02 15:21

So any motivated person could potentially legally acquire the contents of your journal, which brings up a critical question of human error.

SPEAKER_03 15:29

It happens all the time.

SPEAKER_02 15:30

What if a notary accidentally writes down a driver's license number out of habit? Like say they just moved here from California. Muscle memory takes over, they write the number, and a week later, someone requests that entry.

SPEAKER_03 15:42

Well, the administrative code anticipates that human beings make mistakes. If you inadvertently include personally identifiable information, you aren't instantly thrown in jail.

SPEAKER_02 15:52

Okay, phew.

SPEAKER_03 15:53

However, you are legally mandated to redact that personal information prior to releasing the certified copy to the public.

SPEAKER_02 16:00

So you take a thick black marker and physically black out the ID number.

SPEAKER_03 16:04

Exactly. You must protect that privacy at the point of release.

SPEAKER_02 16:08

It's a high wire balance of transparency and security. You have to be meticulous.

SPEAKER_03 16:12

Meticulous care is the job description.

SPEAKER_02 16:15

And that care doesn't end when the book is full. You can't just throw a completed journal into the recycling bed.

SPEAKER_03 16:20

Definitely not. The afterlife of your record book is heavily regulated.

SPEAKER_02 16:23

Which brings us to question four. Under Senate Bill 693, how long is a Texas notary legally required to retain their records of notarial acts?

SPEAKER_03 16:34

The options for this one are interesting.

SPEAKER_02 16:35

Option A is three years. Option B is five years. Option C is until the commission expires. Option D is until the tenth anniversary of the date of notarization.

SPEAKER_03 16:45

We'll give you a couple of seconds to lock in your choice.

SPEAKER_02 16:47

Right. The correct answer is D, until the 10th anniversary of the date of notarization.

SPEAKER_03 16:51

Aaron Powell, this was a massive landscape-altering shift for Texas professionals.

SPEAKER_02 16:56

Ten years is a long time.

SPEAKER_03 16:58

It is. Before this change, the retention period was heavily debated. Senate Bill 693 extended it significantly and provided ultimate clarity.

SPEAKER_02 17:06

Aaron Powell So it's 10 years from the date of the last notarization entered in that specific book.

SPEAKER_03 17:12

Aaron Powell Right. Think about the logistical nightmare that creates for a high-volume professional.

SPEAKER_02 17:17

Oh man. If you're doing real estate closings and filling up a journal every three months.

SPEAKER_03 17:21

Over a decade, you are going to accumulate a library of highly surstitive public records. You must keep them secure. You can't leave them in your trunk where they can melt or get stolen.

SPEAKER_02 17:31

You need fireproof lock boxes or a secure filing system. But what happens if the worst case scenario occurs?

SPEAKER_03 17:38

Like a burglary.

SPEAKER_02 17:40

Yeah. You lock your doors, but your car window is smashed, and your notary bag containing your active journal is stolen.

SPEAKER_03 17:47

Texas administrative rules dictate a very strict, unforgiving protocol for lost or stolen materials.

SPEAKER_02 17:52

What's the first step?

SPEAKER_03 17:54

If it's simply lost, like you left it at a coffee shop, you must report it immediately to the Secretary of State via their online portal.

SPEAKER_02 18:02

And if it's stolen.

SPEAKER_03 18:03

If you believe it was actively stolen, the protocol elevates. You must file an official police report first.

SPEAKER_02 18:09

Okay. That makes sense.

SPEAKER_03 18:10

Then you are legally required to upload that specific police report number or a physical copy of the report to the state portal when you report the theft.

SPEAKER_02 18:19

It's treated with the seriousness of a stolen identity.

SPEAKER_03 18:22

Because that is exactly what those tools can be used to fabricate.

SPEAKER_02 18:25

Now let me push back on the timeline. What about the end of a commission? Say a notary retires or just decides the liability is too high and doesn't renew, do they still have to hold on to those books for a decade in their attic?

SPEAKER_03 18:39

No, the state provides a specific off-ramp for that. If a notary resigns, is removed from office, or passes away, the county clerk of their county is legally required to obtain those record books and deposit them securely. Oh nice. Or if your commission expires and you don't renew, or after that grueling 10-year retention period lapses, you can turn your books over to the local county clerk's office instead of destroying them yourself.

SPEAKER_02 19:03

And we really need to warn everyone listening: failing to maintain these records properly isn't just a slap on the wrist.

SPEAKER_03 19:09

Not at all. SB 693 specifically modified the statutory definition of what constitutes good cause for state discipline.

SPEAKER_02 19:17

So failing to secure your book is good cause.

SPEAKER_03 19:21

Yes. Failing to securely maintain it or failing to produce it when requested gives the Secretary of State good cause to take severe disciplinary action.

SPEAKER_02 19:29

Like suspending your authority.

SPEAKER_03 19:31

Suspension or full permanent revocation of your commission.

SPEAKER_02 19:34

Wow. Keep your books safe, lock them up, and track those dates. Let's pivot from the tools of the trade to the actual human being standing in front of you.

SPEAKER_03 19:43

The signers.

SPEAKER_02 19:44

Right. Sometimes a signer desperately needs a document notarized, like an emergency medical directive at a hospital, but their wallet was stolen and they have absolutely no valid ID.

SPEAKER_03 19:54

It's a stressful situation.

SPEAKER_02 19:55

Texas provides a very specific workaround. Here is question five.

SPEAKER_03 20:08

Let's hear the choices.

SPEAKER_02 20:09

Option A is by using one credible witness who presents a valid ID. Option B is by using two credible witnesses who personally know the signer and present valid IDs. Option C is by accepting an expired ID if a family member vouches for them. Option D is Texas does not allow credible witnesses.

SPEAKER_03 20:29

Take two or three seconds to think.

SPEAKER_02 20:30

Okay, the correct answer is option B, by using two credible witnesses who personally know the signer and present valid IDs.

SPEAKER_03 20:37

This is hands down one of the most intricate procedures a notary will ever handle, and getting it wrong invalidates the entire document.

SPEAKER_02 20:43

Aaron Powell Let's break down the complex tiers of credible witnesses because there is a single witness pathway and a double witness pathway, and you cannot mix them up.

SPEAKER_03 20:52

Let's start with the single credible witness scenario governed by Civil Practice and Remedies Code Section 121.005. Okay. A single credible witness may be used if and only if the witness is personally known to the notary public, AND, that witness personally knows the signer.

SPEAKER_02 21:12

So if my best friend brings their coworker to my office and the coworker lost their ID, I know my best friend. My best friend knows the coworker. That forms the chain.

SPEAKER_03 21:21

Exactly. The witness must physically appear before you and take a formal verbal oath affirming the signer's identity.

SPEAKER_02 21:27

And in that highly specific scenario where I personally know the witness, my friend doesn't even need to show me their physical ID, right?

SPEAKER_03 21:33

That is correct. Your established historical personal knowledge of the witness is the legal foundation of the identification.

SPEAKER_02 21:40

But what happens if the notary knows absolutely no one in the room? Like you walk into a hospital room and everyone is a stranger.

SPEAKER_03 21:46

This is where the double witness rule from the Texas Administrative Code kicks in. If the signer is personally unknown to you and there is no single credible witness who knows you, the signer must produce two credible witnesses.

SPEAKER_02 22:00

Human bridge of trust. You, the notary, are anchored on one side. The unknown signer is isolated on the other. You need two verified ID holding citizens interlocking in the middle to carry that trust across.

SPEAKER_03 22:13

That's a great visual. And the requirements for those two middle pillars are strict. Both witnesses must personally know the signer.

SPEAKER_02 22:21

So they can't just be random nurses pulled from the hallway?

SPEAKER_03 22:24

Nope. Both must physically appear before the notary at the exact same time as the signer. Both must raise their right hand and swear an oath under penalty of perjury.

SPEAKER_02 22:34

And because you don't know them, they have to show ID.

SPEAKER_03 22:36

Yes. Valid, unexpired, government-issued IDs containing their photographs and signatures.

SPEAKER_02 22:41

And you have to document this human bridge meticulously in your journal. Under government code 406.0146, you record the name and residence address of the credible witnesses.

SPEAKER_03 22:51

But remember our privacy paradox do not record their ID numbers, just their names and physical addresses.

SPEAKER_02 22:57

Right. Now I want to touch on option C from the question regarding expired IDs, because this is a constant point of friction.

SPEAKER_03 23:03

Texas law is uncompromising. You can never, ever accept an expired ID for general identification purposes, no matter who vouches for them.

SPEAKER_02 23:13

It must be current and issued by the U.S. federal government or any state government.

SPEAKER_03 23:17

Correct.

SPEAKER_02 23:17

Which brings up a phenomenal edge case. Texas is a massive international hub. Can a foreign passport be used as the primary ID?

SPEAKER_03 23:26

It can, but only in one highly specific, incredibly narrow scenario. Which is. A current foreign passport can be accepted only for notarizations directly related to residential real estate transactions.

SPEAKER_02 23:39

Wait, really? Why only real estate? Why an exception for a mortgage, but not for a medical directive?

SPEAKER_03 23:44

It comes down to international investment and property rights. Texas has a massive market of foreign nationals buying residential property.

SPEAKER_02 23:51

Ah, to facilitate global commerce.

SPEAKER_03 23:54

Right. But for any other general transaction, a power of attorney, an auto title transfer, a child travel consent for a foreign passport is strictly prohibited as a standalone form of identification.

SPEAKER_02 24:06

You'd have to default back to the credible witness protocols. Exactly. That is a critical distinction, which brings us to the most fundamental rule of the entire profession. Breaking it carries the most severe life-altering consequences in the handbook. Let's look at question six.

SPEAKER_03 24:20

Let's do it.

SPEAKER_02 24:21

Under Senate Bill 693, failing to require the personal appearance of a signer is a class A misdemeanor. However, this elevates to a state jail felony if the document involves what?

SPEAKER_03 24:33

Here are the options. Option A, a last will and testament. Option B, the transfer of real property or an interest in real property. Option C automobile titles. Option D, a power of attorney. Okay. The correct answer is B, the transfer of real property or an interest in real property.

SPEAKER_02 24:52

We are talking about the nightmare scenario of ghost notarizations.

SPEAKER_03 24:56

Yeah, where a notary affixes their seal to a document when the signer is not physically in front of them.

SPEAKER_02 25:01

Maybe your husband brings in a document and says, My wife already signed it at home, she's sick, just stamp it.

SPEAKER_03 25:06

Senate Bill 693 made it abundantly clear that accommodating that request is not just a procedural error, it is a devastating crime.

SPEAKER_02 25:14

The law clarifies that personal appearance means physical presence in the exact same room for traditional acts, right?

SPEAKER_03 25:21

Yes. Or an interactive two-way audio video presence for a remote online notarization. If you perform a notarization without that appearance, you commit a class A misdemeanor.

SPEAKER_02 25:32

But if the document involves transferring real property like a deed of trust, the penalty skyrockets to a state jail felony.

SPEAKER_03 25:40

Because the economic damage of real estate fraud is permanent and catastrophic.

SPEAKER_02 25:44

You can't just undo a fraudulent house sale easily. Families lose their generational wealth because a notary decided to do a favor for a friend. You cannot notarize a document just because you recognize the signature.

SPEAKER_03 25:56

They must be present, period.

SPEAKER_02 25:58

But I want to challenge you on a notary's absolute worst nightmare. What if the signer IIS physically present? They sit right in front of your desk, but they hand you a highly sophisticated, expertly forged fake ID.

SPEAKER_03 26:08

This happens.

SPEAKER_02 26:09

You do your due diligence, check the hologram, the photo matches the face in front of you, you perform the act. Six months later, the police knock on your door because the real owner's house was stolen. Are you going to state jail?

SPEAKER_03 26:22

This was a massive, paralyzing concern for the profession. Notaries are administrative officials, not forensic document examiners equipped with ultraviolet microscopes. Right. Senate Bill 693 addressed this exact anxiety by creating a statutory affirmative defense to prosecution.

SPEAKER_02 26:42

How does that protection actually function in a courtroom?

SPEAKER_03 26:44

If the notary unknowingly relied on a fake but apparently valid proof of identification presented by a person who is physically sitting before them, they are protected from criminal prosecution.

SPEAKER_02 26:55

So the functional key here is reasonableness.

SPEAKER_03 26:58

Exactly. The fake ID must have reasonably matched the physical person sitting in front of you.

SPEAKER_02 27:03

So if a 20-year-old hands me a driver's license belonging to a 60-year-old and I stamp it anyway just to get them out of my office.

SPEAKER_03 27:09

But at affirmative defense will not save you because relying on that ID wasn't reasonable.

SPEAKER_02 27:14

But if you were genuinely deceived by a high-quality forgery that perfectly matched the physical characteristics of the prostitutes sitting in your chair. Always. Now let's explore a trap that catches well-meaning notaries every single day. Texas notaries must walk a very fine line to avoid practicing law without a license. Right. It's an offense that can lead to a third-degree felony for repeat offenders. So question seven.

SPEAKER_03 28:02

Let's list the options.

SPEAKER_02 28:03

Option A is notario legal. Option B is notario público. Option C is assistante de firma. Option D is abogado.

SPEAKER_03 28:11

Take a couple of seconds.

SPEAKER_02 28:11

Okay, the correct answer is B, notario publico.

SPEAKER_03 28:14

We really need to explain the cultural and linguistic context here. Because to a native English speaker, notario publico just looks like a literal, harmless translation of notary public.

SPEAKER_02 28:25

Why is the state so terrified of that specific phrase?

SPEAKER_03 28:28

It is a literal translation linguistically, but legally it carries a vastly dangerously different meaning.

SPEAKER_02 28:35

Oh, interesting.

SPEAKER_03 28:36

In many Latin American legal systems, a notario publico is roughly equivalent to a highly trained attorney. They handle complex legal drafting, mediate real estate transactions, manage civil law matters.

SPEAKER_02 28:48

Wow.

SPEAKER_03 28:49

So when a Texas notary uses that term on a billboard or a business card, it actively misleads immigrants who are accustomed to that civil law system into thinking the notary has broad legal authority to fix their immigration papers or draft their contracts.

SPEAKER_02 29:03

And Texas law cracks down on this predatory practice relentlessly to protect vulnerable populations.

SPEAKER_03 29:09

Under government code 406.017, if you advertise your services in a language other than English, you must include a mandatory, highly conspicuous disclaimer. What does it have to say? It must state in both English and the foreign language exactly.

SPEAKER_02 29:31

And you also have to explicitly list the statutory fees you are allowed to charge, right?

SPEAKER_03 29:36

Yes. Failing to comply isn't just a notary violation. It is legally actionable as a deceptive trade practice. You can be sued.

SPEAKER_02 29:45

But the unauthorized practice of law or UPL extends far beyond just advertising in Spanish. It catches people during routine appointments in English.

SPEAKER_03 29:54

Oh, constantly.

SPEAKER_02 29:55

For example, a signer brings in a handwritten letter that doesn't have a notarial certificate attached at the bottom. They slide it across the desk and ask you, should we use an acknowledgement or a giraffe for this?

SPEAKER_03 30:05

And that is the exact moment where you must stop them. A notary who is not a licensed attorney cannot legally select the type of notarial certificate for a signer.

SPEAKER_02 30:13

Even if it seems obvious.

SPEAKER_03 30:15

Even then. Drafting documents, explaining the legal consequences of a document, or choosing between an acknowledgement and a giraffe constitutes practicing law.

SPEAKER_02 30:23

What do you do?

SPEAKER_03 30:24

You can pull out a reference sheet, show them the definitions of the options, but they or their attorney must make the final choice.

SPEAKER_02 30:32

Another massive, incredibly common UPL trap is the I-9 employment eligibility form. Every remote worker has to fill one out, and they constantly bring them to notaries.

SPEAKER_03 30:42

The form I-9 is an absolute minefield. The form itself does not contain a notarial certificate.

SPEAKER_02 30:51

So you cannot stamp it.

SPEAKER_03 30:53

You cannot stamp it. You cannot affix your seal to it. Doing so is entirely illegal.

SPEAKER_02 30:57

But the federal government says you can use a notary to verify the ID documents for section two, don't they?

SPEAKER_03 31:02

The federal government allows an employer to designate anyone, including a person who happens to be a notary, as an authorized representative to review the IDs.

SPEAKER_02 31:11

Okay, so you're acting strictly in your capacity as a private individual, not as a commissioned notary public.

SPEAKER_03 31:17

Exactly. It is not a notarial act. You are basically functioning as the company's temporary HR rep.

SPEAKER_02 31:22

Which means your $10,000 surety bond doesn't cover you if you make a mistake on that form.

SPEAKER_03 31:28

Keep your boundaries crystal clear. You are an impartial witness, not legal counsel, and not an HR director.

SPEAKER_02 31:34

Let's shift gears from liability to the economics of the job. How much is your signature actually worth?

SPEAKER_03 31:40

Always a popular topic.

SPEAKER_02 31:41

In Texas, the law sets a strict ceiling, but recent legislative changes have finally bumped it up for the first time in nearly three decades. Here is question eight. Under House Bill 255, what is the maximum statutory fee a traditional Texas notary can charge for taking an acknowledgement for the first signature?

SPEAKER_03 32:00

All right, options are A is $6, B is $10, C is $15, D is $25.

SPEAKER_02 32:08

Give it a couple seconds.

SPEAKER_03 32:09

Time's up. Correct answer is B, $10.

SPEAKER_02 32:11

This is an incredibly welcome update for professionals across the state who have been dealing with stagnant fees while the cost of gas and supplies skyrocketed.

SPEAKER_03 32:19

HB 255 raised the fee for taking an acknowledgement from six to ten dollars for the first signature. It also raised the fee for administering an oath or affirmation adjured to ten dollars.

SPEAKER_02 32:29

What if you have a document with multiple signatures requiring acknowledgement?

SPEAKER_03 32:32

It is ten dollars for the first signature and one dollars for each additional signature on that same document. And if a citizen requests copies of your record book entries, that fee went from fifty cents to one dollar per page, plus a ten dollar certificate fee if they require the copy to be officially certified.

SPEAKER_02 32:49

But the most fascinating part of HB 255 isn't just the flat numerical increase, it is the inflation clause built into the legislation.

SPEAKER_03 32:59

This is a brilliant piece of statutory design to ensure these fees don't stagnate for another 30 years.

SPEAKER_02 33:05

How does it work?

SPEAKER_03 33:05

HB 255 functionally ties these maximum fees to economic inflation. It grants the Secretary of State the direct authority to adjust the fees a notary can charge every five years.

SPEAKER_02 33:17

Based on what metric?

SPEAKER_03 33:18

They calculate it using the inflation rate determined by the state controller, which is based directly on the consumer price index for all urban consumers published by the U.S. Bureau of Labor Statistics.

SPEAKER_02 33:28

It builds harsh economic reality directly into the administrative code.

SPEAKER_03 33:32

Yeah, it's very smart. But if you are charging these new fees, you have to embrace the administrative burden that comes with it. You can't just pocket the cash.

SPEAKER_02 33:40

Under Chapter 603 of the government code, any officer who charges a fee for an official service must keep a complete itemized schedule of those allowed fees posted prominently in a conspicuous place in their office.

SPEAKER_03 33:54

If a client walks in, they should immediately see what you are legally allowed to charge.

SPEAKER_02 33:59

Furthermore, you are legally required to maintain a separate fee book to log all fees charged for services rendered.

SPEAKER_03 34:06

Transparency is totally mandatory. You cannot overcharge, you cannot invent convenience fees and disguise them as notary fees, and you must document every single dollar related to the official act.

SPEAKER_02 34:18

As we talk about the evolution of fees, we need to talk about the evolution of the act itself. We are moving from the traditional world of paper and ink into the digital frontier.

SPEAKER_03 34:27

A digital world.

SPEAKER_02 34:37

Let's see if you know the difference with question nine. True or false? Performing an electronic notarization in Texas means the signer and the notary are in different physical locations communicating via webcam. Option A is true. Option B is false.

SPEAKER_03 34:53

Take two or three seconds to think.

SPEAKER_02 34:54

Okay. The correct answer is B false.

SPEAKER_03 34:57

This terminology trips up so many people, including massive institutional clients who demand electronic signatures when they really mean remote.

SPEAKER_02 35:06

Let's clarify this crucial functional difference.

SPEAKER_03 35:08

An electronic notarization is governed by the Uniform Electronic Transactions Act. Functionally, it means the document itself is digital, maybe a PDF loaded onto an iPad, and the signatures are rendered digitally with a stylus, and the notary seal is a digital image.

SPEAKER_02 35:24

B U T. And this is the vital uncompromising part.

SPEAKER_03 35:27

The signer and the notary must still be sitting in the exact same room face to face, physically present with one another.

SPEAKER_02 35:34

So it is essentially just a traditional notarization stripped of the physical paper and ink. You don't need a special upgraded commission for this.

SPEAKER_03 35:41

Precisely. Any traditional Texas notary can pull out their tablet and perform an in-person electronic notarization.

SPEAKER_02 35:47

Now, online notarization, specifically remote online notarization or R on, is an entirely different legal framework.

SPEAKER_03 35:55

Under government code Chapter 406, subchapter C, an online notary uses secure two-way audio video technology to perform the act.

SPEAKER_02 36:03

The notary must be physically located inside the geometric borders of Texas at the exact moment of the act. But the signer can be literally anywhere else in the world.

SPEAKER_03 36:13

Which naturally leads people to ask a very logical question. I can see my client on FaceTime, I can see them on Zoom, they hold their ID up to the camera, and I've known them for 10 years. Why does the state care if I use Zoom versus some expensive approved RON platform?

SPEAKER_02 36:27

Video is video, right?

SPEAKER_03 36:28

Using standard commercial video chat without the specialized on commission and approved technological platforms is entirely unequivocally illegal. You cannot do it.

SPEAKER_02 36:37

Because Ron requires a highly specialized infrastructure to prevent digital fraud.

SPEAKER_03 36:41

You have to apply for the specific online notary commission, which requires an extra $50 fee. You have to obtain an X.509 compliant digital certificate.

SPEAKER_02 36:51

Let's unpack that, because X.509 sounds like a droid from Star Wars. Is that just a fancy password?

SPEAKER_03 36:57

No. An X.509 certificate acts like a cryptographic vault that wraps entirely around the PDF. When you apply it, it seals the document.

SPEAKER_02 37:05

And if a fraudster tries to alter even one single pixel of that document, changing a loan amount from $10,000 to $100,000, what happens?

SPEAKER_03 37:15

After you apply the certificate, the digital seal fractures, visibly showing anyone who opens the file that the document was tampered with, Zoom cannot do that.

SPEAKER_02 37:24

Furthermore, the approved platforms perform credential analysis.

SPEAKER_03 37:27

Right, where specialized software scans the microprinting and holograms of the ID through the camera.

SPEAKER_02 37:33

And identity proofing, which generates dynamic, knowledge-based authentication questions drawn from the signer's deep credit history.

SPEAKER_03 37:41

So if a hacker steals my ID, they still can't pass the identity proofing because they don't know what color Honda Civic I financed 12 years ago.

SPEAKER_02 37:48

It is a highly regulated, intensely secure technological environment. You are blending ancient legal principles of human trust with cutting-edge cybersecurity.

SPEAKER_03 37:57

And that leads us perfectly into our final question.

SPEAKER_02 37:59

Question 10. We test the absolute high-tech frontier of Texas notarial law. We are looking at recent Attorney General opinions and the complex realities of video redaction.

SPEAKER_03 38:10

Let's hear it.

SPEAKER_02 38:11

Under Texas government code and the accompanying Attorney General opinion KP0423, if an online notary emails a record of a transaction, what must be redacted from the audio visual recording?

SPEAKER_03 38:23

Your options are option A, only the ID number, option B, the audio track, option C, biometric information, and the entire image of the identification card. Option D, the face of the signer.

SPEAKER_02 38:36

Take two or three seconds to think.

SPEAKER_03 38:37

The correct answer is C, biometric information and the entire image of the identification card.

SPEAKER_02 38:42

This is a fascinating intersection of public record law colliding with digital privacy. Let's lay the groundwork. Online notaries are required to maintain a secure electronic record of their acts, which includes a complete uninterrupted audio-video recording of the entire session.

SPEAKER_03 38:57

And they have to keep this massive video file for five years.

SPEAKER_02 39:00

Yes. And a mandatory part of that recorded session is the credible analysis phase. The signer has to physically hold their ID up to their webcam so the notary and the software can verify it matches the person.

SPEAKER_03 39:13

As a result, the video permanently captures a high definition image of that identification card.

SPEAKER_02 39:18

Representative Briscoe Kane actually sent a formal inquiry to the Texas Attorney General asking if notaries could securely email these transaction records. Because emailing massive video files containing sensitive data sounded legally precarious. And that requirement loops all the way back to TAC 87.52, the same privacy paradox we discussed with the physical journals.

SPEAKER_03 39:48

The law makes biometric identifiers and the image of the ID completely confidential. Because the video captures this, you can't just slap a transparent blur over the ID number.

SPEAKER_02 39:57

So what did the Attorney General rule?

SPEAKER_03 39:58

That the entire image of the credential, along with any biometric data, must be fully visually removed or redacted from the video file before it can be released to a requesting party.

SPEAKER_02 40:10

Unless you have the explicit prior written consent of the signer whose identity was established.

SPEAKER_03 40:16

Exactly. Which means if someone requests that public record, you can't just hit forward on the email.

SPEAKER_02 40:21

You have to acquire video editing software, scrub the footage frame by frame to black out the ID, re-render the video, and then send it. It is a massive technical burden.

SPEAKER_03 40:31

The AG opinion also touched on another technological workflow question. It asked if a notary could add additional metadata, like a visible barcode, to the digital document to help track it in massive cloud storage systems.

SPEAKER_02 40:44

And the AG ruled that yes, adding a barcode or tracking number is legally permissible.

SPEAKER_03 40:48

Provided it does not interfere with the tamper evident nature of the digital certificate we just talked about.

SPEAKER_02 40:53

The core requirement of the X.509 certificate is that once it is applied, any subsequent changes must be evident. If adding the barcode breaks that cryptographic seal and invalidates the document, it is illegal.

SPEAKER_03 41:05

As long as the barcode is applied in a way that respects that security protocol, it is allowed.

SPEAKER_02 41:10

And to wrap up the economics of the high-tech side, let's remind everyone about the fees for Iran. Because you are utilizing these secure third-party platforms, paying for digital certificates and managing video storage, the state allows you to recoup those substantial operational costs.

SPEAKER_03 41:26

They do. Online notaries are authorized by statute to charge a $25 technology fee for performing an online notarization.

SPEAKER_02 41:35

And it's completely separate from, and in addition to, the standard notarial fees.

SPEAKER_03 41:38

So if you perform a single acknowledgement online, you can legally charge the $10 statutory fee plus the $25 technology fee, bringing the total to $35 for that single remote signature.

SPEAKER_02 41:50

We've covered incredible dense ground today. We have traveled from the physical dimensions of a traditional ink seal through the moral implications of background checks all the way to X.509 cryptographic compliance in the cloud.

SPEAKER_03 42:02

And as we close, I want to leave you with a philosophical concept to ponder as you look at your stamp. Think about the sweeping history of what you do. Notarization is one of humanity's absolute oldest legal frameworks.

SPEAKER_02 42:15

It dates all the way back to the scribes of the Roman Empire who used wax seals to authenticate edicts.

SPEAKER_03 42:20

Yet today, functioning as a notary in Texas involves digital encryption, credential analysis algorithms mapping facial geometry, and navigating attorney general opinions on biometric video redaction.

SPEAKER_02 42:32

The tools have evolved into the realm of science fiction. The wax is gone, replaced by code. But the core human requirement, the fundamental necessity of impartial trust to make civilization and commerce function, remains exactly the same today as it was 2,000 years ago.

SPEAKER_03 42:47

It is a profound, timeless responsibility.

SPEAKER_02 42:50

Please email your questions to Derek at DerekSprohl.com. We will try to answer as soon as possible at the end of our shows. Don't just be listeners of the knowledge, be doers of the knowledge. This is notary knowledge. Until next time.

SPEAKER_01 43:20

You need a shield. The book by Derek Sprule. To provide you with some advice. Learn real-world tactics. Notice red flags, and develop refusal strategies to protect your notary commission.com, Barnes and Mobile Bookstore, Books of Million.com, Bookshop.org, Mobile Notary by DerekScrew.com, or download from Kindle to obtain your essential notary book to help with all your notarization starting today.