The 89th Texas Legislative Session introduced two changes that will significantly impact how notaries operate across the state. House Bill 4202 and Senate Bill 693 aim to improve the integrity, transparency, and accountability of notarizations in Texas. These laws affect identity verification, education requirements, recordkeeping, and the legal consequences of improper notarization practices.
Whether you are a commissioned notary, a real estate professional, or someone who regularly relies on notarized documents, understanding these reforms is essential for compliance and professional responsibility.
House Bill 4202: Standardizing Identity Verification
Effective Immediately
House Bill 4202 amends Section 121.005 of the Texas Civil Practice and Remedies Code. Its purpose is to standardize the identification process for written acknowledgments and enhance clarity and security in notarization practices.
Under this law, an officer may not take the acknowledgment of a written instrument unless they personally know the individual or have satisfactory evidence of that person’s identity. The law defines three acceptable forms of evidence:
- The oath of a credible witness who is either personally known to the officer or presents a current government-issued identification card that includes both a photograph and signature. The ID must be issued by the federal government or any state government.
- A current identification card or other government-issued document that contains the photograph and signature of the person acknowledging the document.
- In the case of a deed or other instrument related to a residential real estate transaction, a current passport issued by a foreign country may be accepted.
In addition to verifying identity, the officer must document the method used in the certificate of acknowledgment. Unless using a short form certificate authorized under Section 121.008, the officer must state either that they personally know the signer or that identification was confirmed through a witness or acceptable documentation.
This law helps prevent fraud and ensures consistency in how notaries verify identity. It also provides clear guidance for officers who perform acknowledgments in real estate, legal, and financial transactions.
Senate Bill 693: Comprehensive Notary Reform
Effective September 1, 2025
Senate Bill 693 introduces several reforms to the notary commissioning process, recordkeeping obligations, and enforcement standards. It is one of the most significant updates to Texas notary law in recent years.
Education Requirements
For the first time, Texas will require formal education for both new notary applicants and those seeking reappointment.
Applicants must complete up to two hours of training provided by the Texas Secretary of State. This training will cover legal responsibilities, ethical standards, and proper procedures for notarizing documents. Notaries seeking renewal must complete two hours of continuing education. These courses must be offered at a reasonable cost and cannot be provided by third-party vendors.
Notaries commissioned before September 1, 2025 are not required to complete the initial education requirement for reappointment. However, they must comply with all other provisions of the law.
Requirement for Signer Presence
Senate Bill 693 reinforces the requirement that the signer must appear before the notary at the time of notarization.
For traditional notarizations, the signer must be physically present and able to communicate directly with the notary. For online notarizations, the signer must appear through interactive two-way video and audio technology that meets the standards outlined in Government Code Section 406.104.
Criminal Penalties for Violations
The law introduces criminal penalties for notaries who knowingly perform a notarization without the signer being present.
A notary who violates this requirement may be charged with a Class A misdemeanor. If the notarized document involves the transfer of real property or any interest in real property, the offense becomes a state jail felony. These penalties emphasize the importance of proper procedure and serve as a deterrent against fraudulent practices.
Record Retention Requirements
Senate Bill 693 also establishes a ten-year retention period for notarial records. Notaries must retain all records required under Government Code Section 406.014(a) for ten years from the date of notarization. Failure to maintain these records may result in disciplinary action, including rejection of a notary application or revocation of commission.
This long-term retention requirement ensures that notarial acts can be verified and audited well into the future, protecting both the public and the notary.
Practical Implications for Notaries and Professionals
These reforms will have a direct impact on how notaries operate and how businesses and individuals interact with notarized documents.
Notaries should review and update identity verification procedures to comply with House Bill 4202. They should also prepare to complete the required education before applying or renewing after September 1, 2025. It is essential to ensure that all signers are present at the time of notarization, whether in person or through approved online platforms. Notaries should also implement systems for secure record retention that meet the ten-year requirement.
The passage of House Bill 4202 and Senate Bill 693 marks a significant shift in Texas notary law. These reforms bring clarity, consistency, and accountability to a profession that plays a critical role in legal and financial transactions. By standardizing identity verification, enforcing signer presence, requiring education, and mandating record retention, Texas is setting a higher standard for notarial integrity.
For official guidance and access to training materials, visit the Texas Secretary of State’s Notary Public page or consult with your professional association.
CIVIL PRACTICE AND REMEDIES CODE CHAPTER 121. ACKNOWLEDGMENTS AND PROOFS OF WRITTEN INSTRUMENTS
For even more information on the Texas Notary Law updates, please visit: Texas Notary Law Update: Stricter Rules & Record Retention
*Please note that the information contained in this post is not intended to be legal advice.
