Sunday, January 17, 2016

Where does it say to record fees in your Texas notary journal?



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Texas Notaries, I've got a bit of notary minutia to share.

If you’ve looked closely at Texas Government Code Sec. 406.014.  Notary Records (inserted below), you may have realized that there’s nothing mentioned about recording fees in your notary journal, yet standards of sound notary practices prescribe this as if it is law.  

You’ll find your answer if you turn to The Texas Government Code Section 603.006 (Provision of Documents and Fees of Office).

An officer who by law may charge a fee for a service shall keep a fee book and shall enter in the book all fees charged for services rendered.


In other words, notaries could keep a fee book separately from their record books, but that would be more paperwork to manage.  Over time, authorities on the subject of notaries have come to say that a notary should record the fee in the record book at the time of the notarial act.  It makes sense and is practical advice.


Sec. 406.014. NOTARY RECORDS.

(a) A notary public other than a court clerk notarizing instruments for the court shall keep in a book a record of:

(1) the date of each instrument notarized;

(2) the date of the notarization;

(3) the name of the signer, grantor, or maker;

(4) the signer's, grantor's, or maker's residence or alleged residence;

(5) whether the signer, grantor or maker is personally known by the notary public, was identified by an identification card issued by a governmental agency or a passport issued by the United States, or was introduced to the notary public and, if introduced, the name and residence or alleged residence of the individual introducing the signer, grantor, or maker;

(6) if the instrument is proved by a witness, the residence of the witness, whether the witness is personally known by the notary public or was introduced to the notary public and, if introduced, the name and residence of the individual introducing the witness;

(7) the name and residence of the grantee;

(8) if land is conveyed or charged by the instrument, the name of the original grantee and the county where the land is located; and

(9) a brief description of the instrument.

(b) Entries in the notary's book are public information.

(c) A notary public shall, on payment of all fees, provide a certified copy of any record in the notary public's office to any person requesting the copy.

(d) A notary public who administers an oath pursuant to Article 45.019, Code of Criminal Procedure, is exempt from the requirement in Subsection (a) of recording that oath.

(e) A notary public may maintain the records required by Subsection (a) electronically in a computer or other storage device.



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