New Texas Notary Law takes effect today, September 1, 2023.

House Bill 255 as Enrolled:

Legislative Session: 88(R)

Effective September 1, 2023

This bill addresses three areas new prohibitions, public records, and notary fees by amending the Tex. Gov’t Code § 406.013, § 406.014, and § 406.024.

  1. New prohibitions: HB 255 amends Tex. Gov’t Code § 406.013 to prohibit a notary for providing a copy of their seal (notary stamp) to another person or using their seal for anything other than official use.

    “A notary public may not: (1)  provide a copy of the notary public’s seal to another person; or (2)  affix or attach the notary public’s seal to any document except to authenticate the notary public’s official act.”
  2. Public Records: HB 255 amends Tex. Gov’t Code § 406.014 to allow for a notary to record the expiration date of a government credential in their records. Recording the expiration date is not a requirement, simply an allowance. The prohibition against recording a driver license number, passport number, or other government issued identification number still exists under 1 TAC § 87.50(a).

    “A notary public may record the expiration date of an identification card issued by a governmental agency or passport issued by the United States if the signer, grantor, or maker of an instrument or document presents the card or passport to the notary public as identification.”
  3. Notary Fees: HB 255 amends Tex. Gov’t Code § 406.024 to increase the maximum fees allowed to be charged for most common notarizations from $6 to $10 and the fee for creating a copy of a record or taking 100 words of a deposition is increased from $0.50 to $1. The fee for taking a protest has not changed. The update of the fees retroactively increases the maximum fee an online notary may charge under Tex. Gov’t Code § 406.111 Read more on this topic.

    This section also adds for the Secretary of State to be able to increase the fees a notary may charge every 5 years based on inflation and the Consumer Price Index for All Urban Consumers (CPI-U). The first adjustment shall take place before December 31, 2028.

More information pertaining to SB 1780, which takes effect January 1, 2024, will be published once the Secretary of State has promulgated rules. We will continue to provide information pertaining to any new Texas notary law.