Sunday, January 1, 2017

Texas Notary Professional’s Resource List ( Updated on 1/1/17)

This is a more detailed version of the Texas resource list page and will eventually replace it. I am currently working on a version that will explain what notary question each set of laws under a red heading will answer.



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Texas Secretary of State

Contact
Phone: 512-463-5705

Education and Training for Notaries


Online Services


Resources


Notary Complaints



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In this section, the red headings will take you to the actual laws. 

Texas Constitution Article 4 Section 2

Relates to the appointment of notaries.

Texas Constitution Article 16 Section 50

Relates to home equity loans.  

Texas Administrative Code Chapter 87

SUBCHAPTER A - NOTARY PUBLIC QUALIFICATIONS
RULE §87.1     Application for a Commission as a Notary Public
RULE §87.2     Eligibility to Hold the Office of Notary Public
RULE §87.3     Issuance of the Notary Public Commission by the Secretary of State
RULE §87.4     Notary Seal
RULE §87.5     Qualification by an Officer or Employee of a State Agency Who Does Not Furnish a Notary Public Bond
RULE §87.6     Change in Employment Status by an Officer or Employee of a State Agency Who Has Qualified Without a Surety Bond
RULE §87.7     Renewal of Commission

SUBCHAPTER B - REJECTION AND REVOCATION
RULE §87.10    Rejection of Application and Revocation of Commission
RULE §87.11    Good Cause

SUBCHAPTER C - ADMINISTRATIVE ACTION
RULE §87.20    Qualification Under New Name
RULE §87.21    Rejection of Change of Name
RULE §87.22    Issuance of Amended Commission
RULE §87.23    Submitting a Complaint
RULE §87.24    Complaint Procedures
RULE §87.25    Disciplinary Action
RULE §87.26    Time for Action

SUBCHAPTER D– REFUSAL TO PERFORM NOTARIAL SERVICES
RULE §87.30    Refusal of Requests for Notarial Services

SUBCHAPTER E – NOTARY RECORDS
RULE §87.40    Prohibition Against Recording Personal Information
RULE §87.41    Form of Record Book
RULE §87.42    Public Information
RULE §87.43    Failure to Provide Public Information
RULE §87.44    Records Retention

SUBCHAPTER F         CHANGE IN ADDRESS
RULE §87.50    Change of Address

SUBCHAPTER G         ELECTRONIC SUBMISSIONS OF NOTARY APPLICATIONS AND BONDS
RULE §87.60    Electronic Submission
RULE §87.61    Records Retention for Electronic Submissions
RULE §87.62    Applications on Behalf of an Applicant with a Criminal Conviction

Texas Business and Commerce Code Chapter 503

CHAPTER 503.  BIOMETRIC IDENTIFIERS
Sec. 503.001.  CAPTURE OR USE OF BIOMETRIC IDENTIFIER.

Texas Business and Commerce Code Section 322

CHAPTER 322.  UNIFORM ELECTRONIC TRANSACTIONS ACT
Sec. 322.001.  SHORT TITLE.
Sec. 322.002.  DEFINITIONS.
Sec. 322.005.  USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES; VARIATION BY AGREEMENT.
Sec. 322.007.  LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS.
Sec. 322.008.  PROVISION OF INFORMATION IN WRITING; PRESENTATION OF RECORDS.
Sec. 322.009.  ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC SIGNATURE.
Sec. 322.010.  EFFECT OF CHANGE OR ERROR.
Sec. 322.011.  NOTARIZATION AND ACKNOWLEDGMENT.
Sec. 322.012.  RETENTION OF ELECTRONIC RECORDS; ORIGINALS.
Sec. 322.013.  ADMISSIBILITY IN EVIDENCE.
Sec. 322.014.  AUTOMATED TRANSACTION.
Sec. 322.015.  TIME AND PLACE OF SENDING AND RECEIPT.
Sec. 322.016.  TRANSFERABLE RECORDS.
Sec. 322.017.  ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES.
Sec. 322.018.  INTEROPERABILITY.
Sec. 322.019.  EXEMPTION TO PREEMPTION BY FEDERAL ELECTRONIC SIGNATURES ACT.
Sec. 322.020.  APPLICABILITY OF PENAL CODE.
Sec. 322.021.  CERTAIN REQUIREMENTS CONSIDERED TO BE RECOMMENDATIONS.

Texas Civil Practice and Remedies Code Chapter 16 Section 16.033

Sec. 16.033.  TECHNICAL DEFECTS IN INSTRUMENT.

Texas Civil Practice and Remedies Code Chapter 18

Sec. 18.002.  FORM OF AFFIDAVIT.

Texas Civil Practice and Remedies Code Chapter 121

Sec. 121.001.  OFFICERS WHO MAY TAKE ACKNOWLEDGMENTS OR PROOFS.
Sec. 121.002.  CORPORATE ACKNOWLEDGMENTS.
Sec. 121.003.  AUTHORITY OF OFFICERS.
Sec. 121.004.  METHOD OF ACKNOWLEDGMENT.
Sec. 121.005.  PROOF OF IDENTITY OF ACKNOWLEDGING PERSON.
Sec. 121.006.  ALTERATION OF AUTHORIZED FORMS; DEFINITION.
Sec. 121.007.  FORM FOR ORDINARY CERTIFICATE OF ACKNOWLEDGMENT.
Sec. 121.008.  SHORT FORMS FOR CERTIFICATES OF ACKNOWLEDGMENT.
Sec. 121.009.  PROOF OF ACKNOWLEDGMENT BY WITNESS.
Sec. 121.010.  FORM OF CERTIFICATE FOR PROOF BY WITNESS.
Sec. 121.011.  PROOF OF ACKNOWLEDGMENT BY HANDWRITING.
Sec. 121.012.  RECORD OF ACKNOWLEDGMENT.
Sec. 121.013.  SUBPOENA OF WITNESS; ATTACHMENT.
Sec. 121.014.  ACTION FOR DAMAGES.
Sec. 121.015.  PRIVATE SEAL OR SCROLL NOT REQUIRED.

Texas Finance Code Chapter 59

CHAPTER 59. MISCELLANEOUS PROVISIONS
Sec. 59.003. AUTHORITY OF NOTARY PUBLIC.
Sec. 59.107.  NONEMERGENCY OPENING AND RELOCATION.
Sec. 59.108.  EMERGENCY OPENING AND RELOCATION.
Sec. 59.109.  DELINQUENT RENTAL; LIEN;  SALE OF CONTENTS.

Texas Government Code Chapter 406

Sec. 406.001.  APPOINTMENTS.
Sec. 406.002.  TERM.
Sec. 406.003.  JURISDICTION.
Sec. 406.004.  ELIGIBILITY.
Sec. 406.005.  APPOINTMENT PROCEDURE--STATEMENT.
Sec. 406.006.  QUALIFICATION.
Sec. 406.008.  COMMISSION; NOTARY MATERIALS.
Sec. 406.009.  REJECTION OF APPOINTMENT; SUSPENSION OR REVOCATION OF COMMISSION.
Sec. 406.010.  BOND;  OATH.
Sec. 406.011.  REAPPOINTMENT.
Sec. 406.012.  INSPECTION OF RECORDS.
Sec. 406.013.  SEAL.
Sec. 406.014.  NOTARY RECORDS.
Sec. 406.015.  COPIES CERTIFIED BY COUNTY CLERK.
Sec. 406.016.  AUTHORITY.
Sec. 406.0165.  SIGNING DOCUMENT FOR INDIVIDUAL WITH DISABILITY.
Sec. 406.017.  REPRESENTATION AS ATTORNEY.
Sec. 406.018.  REMOVAL FROM OFFICE.
Sec. 406.019.  CHANGE OF ADDRESS.
Sec. 406.020.  REMOVAL FROM STATE.
Sec. 406.021.  REMOVAL FROM PRECINCT.
Sec. 406.022.  EFFECT OF VACANCY.
Sec. 406.023.  ADMINISTRATION AND ENFORCEMENT.
Sec. 406.024.  FEES CHARGED BY NOTARY PUBLIC.
Sec. 406.025.  SIGNATURE ON COMMISSIONS AFTER CHANGE IN OFFICE.
Sec. 406.026.  ELECTRONIC NOTARIZATION.

Texas Government Code Chapter 552

Sec. 552.002.  DEFINITION OF PUBLIC INFORMATION; MEDIA CONTAINING PUBLIC INFORMATION.
Sec. 552.003.  DEFINITIONS.
Sec. 552.0036.  CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW.
Sec. 552.004.  PRESERVATION OF INFORMATION.
Sec. 552.006.  EFFECT OF CHAPTER ON WITHHOLDING PUBLIC INFORMATION.
Sec. 552.007.  VOLUNTARY DISCLOSURE OF CERTAIN INFORMATION WHEN DISCLOSURE NOT REQUIRED.
Sec. 552.138.  EXCEPTION: CONFIDENTIALITY OF FAMILY VIOLENCE SHELTER CENTER, VICTIMS OF TRAFFICKING SHELTER CENTER, AND SEXUAL ASSAULT PROGRAM INFORMATION.
Sec. 552.203.  GENERAL DUTIES OF OFFICER FOR PUBLIC INFORMATION.
Sec. 552.222.  PERMISSIBLE INQUIRY BY GOVERNMENTAL BODY TO REQUESTOR.
Sec. 552.223.  UNIFORM TREATMENT OF REQUESTS FOR INFORMATION.
Sec. 552.224.  COMFORT AND FACILITY.
Sec. 552.225.  TIME FOR EXAMINATION.
Sec. 552.226.  REMOVAL OF ORIGINAL RECORD.
Sec. 552.228.  PROVIDING SUITABLE COPY OF PUBLIC INFORMATION WITHIN REASONABLE TIME.
Sec. 552.229.  CONSENT TO RELEASE INFORMATION UNDER SPECIAL RIGHT OF ACCESS.
Sec. 552.230.  RULES OF PROCEDURE FOR INSPECTION AND COPYING OF PUBLIC INFORMATION.
Sec. 552.232.  RESPONDING TO REPETITIOUS OR REDUNDANT REQUESTS.
Sec. 552.261.  CHARGE FOR PROVIDING COPIES OF PUBLIC INFORMATION.
Sec. 552.2615.  REQUIRED ITEMIZED ESTIMATE OF CHARGES.
Sec. 552.264.  COPY OF PUBLIC INFORMATION REQUESTED BY MEMBER OF LEGISLATURE.
Sec. 552.271.  INSPECTION OF PUBLIC INFORMATION IN PAPER RECORD IF COPY NOT REQUESTED.
Sec. 552.272.  INSPECTION OF ELECTRONIC RECORD IF COPY NOT REQUESTED.
Sec. 552.308.  TIMELINESS OF ACTION BY UNITED STATES MAIL, INTERAGENCY MAIL, OR COMMON OR CONTRACT CARRIER.
Sec. 552.309.  TIMELINESS OF ACTION BY ELECTRONIC SUBMISSION
Sec. 552.351.  DESTRUCTION, REMOVAL, OR ALTERATION OF PUBLIC INFORMATION.
Sec. 552.352.  DISTRIBUTION OR MISUSE OF CONFIDENTIAL INFORMATION.
Sec. 552.353.  FAILURE OR REFUSAL OF OFFICER FOR PUBLIC INFORMATION TO PROVIDE ACCESS TO OR COPYING OF PUBLIC INFORMATION.

Texas Government Code Chapter 602

Sec. 602.001.  DEFINITION.
Sec. 602.002.  OATH MADE IN TEXAS.
Sec. 602.003.  OATH MADE OUTSIDE TEXAS BUT INSIDE UNITED STATES.
Sec. 602.004.  OATH MADE OUTSIDE UNITED STATES.
Sec. 602.005.  OATH MADE BY MEMBER OF ARMED FORCES OR BY MEMBER'S SPOUSE.
Sec. 602.006.  OATH OF OFFICE.

Texas Government Code Chapter 603

Sec. 603.001.  DEFINITION.
Sec. 603.002.  COPIES OF DOCUMENTS AVAILABLE TO PUBLIC.
Sec. 603.004.  FEES FOR CERTIFICATES OR COPIES OF DOCUMENTS.
Sec. 603.005.  FEE FOR ACKNOWLEDGMENT.
Sec. 603.006.  FEE BOOK.
Sec. 603.007.  BILL FOR FEES.
Sec. 603.008.  POSTING OF FEES REQUIRED.
Sec. 603.010.  OVERCHARGING OF FEES; PENALTY.

Texas Penal Code Chapter 1

Sec. 1.03.  EFFECT OF CODE.
Sec. 1.07.  DEFINITIONS.

Texas Penal Code Chapter 36

Sec. 36.01.  DEFINITIONS.
Sec. 36.02.  BRIBERY.
Sec. 36.03.  COERCION OF PUBLIC SERVANT OR VOTER.
Sec. 36.04.  IMPROPER INFLUENCE.
Sec. 36.05.  TAMPERING WITH WITNESS.
Sec. 36.06.  OBSTRUCTION OR RETALIATION.
Sec. 36.07.  ACCEPTANCE OF HONORARIUM.
Sec. 36.08.  GIFT TO PUBLIC SERVANT BY PERSON SUBJECT TO HIS JURISDICTION.
Sec. 36.09.  OFFERING GIFT TO PUBLIC SERVANT.
Sec. 36.10.  NON-APPLICABLE.

Texas Penal Code Chapter 37


Sec. 37.09.  TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.
Sec. 37.10.  TAMPERING WITH GOVERNMENTAL RECORD.
Sec. 37.101.  FRAUDULENT FILING OF FINANCING STATEMENT.
Sec. 37.11.  IMPERSONATING PUBLIC SERVANT.
Sec. 37.12.  FALSE IDENTIFICATION AS PEACE OFFICER;  MISREPRESENTATION OF PROPERTY.

Texas Penal Code Chapter 39

Sec. 39.01.  DEFINITIONS.
Sec. 39.02.  ABUSE OF OFFICIAL CAPACITY.
Sec. 39.03.  OFFICIAL OPPRESSION.

Sec. 39.06.  MISUSE OF OFFICIAL INFORMATION.

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