25 questions from the Texas Government Code, Chapter 406. Pick an answer to see the rule behind it.
1. Under Texas law, what is the maximum fee a notary public may charge for protesting a bill or note for nonacceptance or nonpayment, including register and seal?
Answer: $4. The statute sets the fee for this specific type of protest at $4.
Texas Government Code, Chapter 406, Sec. 406.024: “for protesting a bill or note for nonacceptance or nonpayment, register and seal, a fee of $4;”
2. Under Sec. 406.003, what is the geographic scope of authority for a Texas notary public?
Answer: Statewide jurisdiction. The law grants notaries authority throughout the entire state, not just their local county or district.
Texas Government Code, Chapter 406, Sec. 406.003: “A notary public has statewide jurisdiction.”
3. Under Section 406.0165, what specific condition must a witness meet when a notary signs a document on behalf of an individual with a physical disability?
Answer: The witness must have no legal or equitable interest in any real or personal property that is the subject of, or is affected by, the document being signed. The statute requires the witness to be disinterested regarding the property involved in the document.
Texas Government Code, Chapter 406, Sec. 406.0165: “if directed to do so by that individual, in the presence of a witness who has no legal or equitable interest in any real or personal property that is the subject of, or is affected by, the document being signed.”
4. According to Sec. 406.054, what is the legal consequence if an instrument does not have the impression of the commissioner of deeds' seal?
Answer: The instrument is not valid in this state. The law states that without the impression of the seal, the instrument or act is considered invalid within the state.
Texas Government Code, Chapter 406, Sec. 406.054: “An instrument that does not have the impression of the seal, or an act of the commissioner of deeds that is not certified by the impression of the seal, is not valid in this state.”
5. What is the penalty classification for a first-time offense of violating the representation rules in Section 406.017, assuming no prior convictions?
Answer: A Class A misdemeanor. The law specifies that a first offense is a Class A misdemeanor, whereas a felony applies only if there is a prior conviction.
Texas Government Code, Chapter 406, Sec. 406.017: “Except as provided by Subsection (e) of this section, an offense under this section is a Class A misdemeanor.”
6. What is the maximum fee a Texas notary public may charge for administering an oath or affirmation with certificate and seal?
Answer: $10. Section 406.024(a)(6) sets the specific fee for administering an oath or affirmation at $10.
Texas Government Code, Chapter 406, Sec. 406.024: “for administering an oath or affirmation with certificate and seal, a fee of $10;”
7. According to Texas law, what is the required bond amount for a person appointed as a notary public?
Answer: $10,000. The statute sets the bond amount at $10,000 for all appointed notaries.
Texas Government Code, Chapter 406, Sec. 406.010: “Each person to be appointed a notary public shall, before entering the official duties of office, execute a bond in the amount of $10,000 with a solvent surety company authorized to do business in this state as a surety.”
8. Within what timeframe must a notary public notify the secretary of state after changing their address?
Answer: Not later than the 10th day after the date on which the change is made. Section 406.019 mandates that the notification must occur no later than the 10th day following the address change.
Texas Government Code, Chapter 406, Sec. 406.019: “A notary public shall notify the secretary of state of a change of the notary public's address not later than the 10th day after the date on which the change is made.”
9. According to Section 406.017, what is required if a notary public advertises their services in a language other than English?
Answer: The advertisement must include a notice in English and the other language stating the notary is not an attorney. The statute requires a conspicuous notice in both English and the advertisement's language clarifying the notary's status.
Texas Government Code, Chapter 406, Sec. 406.017: “The notice required by Subsection (a)(5) must state that the notary public is not an attorney and must be in English and in the language of the advertisement and in letters of a conspicuous size.”
10. Where must the records concerning the appointment and qualification of a Texas notary public be kept?
Answer: In the office of the Secretary of State. The law mandates that all appointment and qualification records be maintained in the Secretary of State's office.
Texas Government Code, Chapter 406, Sec. 406.012: “All records concerning the appointment and qualification of the notary public shall be kept in the office of the secretary of state.”
11. Who is responsible for providing the official oath of office form to a newly appointed Texas notary public?
Answer: The Secretary of State. The statute assigns the duty of providing the oath form to the Secretary of State.
Texas Government Code, Chapter 406, Sec. 406.010: “The secretary of state shall provide an oath of office form along with the commission and educational materials.”
12. Under Sec. 406.026, in which specific legal proceedings may the requirement for a notarized signature be satisfied by attaching an electronic signature logically associated with the document?
Answer: Proceedings filed under Title 1 or 5, Family Code. The statute limits the use of electronic signatures for notarization requirements to proceedings filed under Title 1 or 5 of the Family Code.
Texas Government Code, Chapter 406, Sec. 406.026: “In a proceeding filed under Title 1 or 5, Family Code, if a signature is required to be notarized, acknowledged, verified, or made under oath, the requirement may be satisfied if the electronic signature of the person authorized to perform that act, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature required to be notarized, acknowledged, verified, or made under oath.”
13. Which of the following is a specific eligibility requirement for a person to be appointed as a notary public in Texas according to Sec. 406.004?
Answer: Must be a resident of the State of Texas. The statute lists residency in Texas as a mandatory eligibility criterion, alongside age and criminal history requirements.
Texas Government Code, Chapter 406, Sec. 406.004: “Each person appointed and commissioned as a notary public shall be at least 18 years of age and a resident of the State of Texas and must not have been convicted of a felony or crime involving moral turpitude.”
14. Which of the following is a prohibited action regarding a Texas notary public's official seal?
Answer: Providing a copy of the seal to another person. The law specifically prohibits a notary from providing a copy of their seal to another person.
Texas Government Code, Chapter 406, Sec. 406.013: “A notary public may not: (1) provide a copy of the notary public's seal to another person;”
15. In an appeal regarding the suspension or revocation of a notary public's commission, which court has jurisdiction to hear the case?
Answer: The district court of Travis County. The statute designates the district court of Travis County as the venue for appeals concerning notary commission actions.
Texas Government Code, Chapter 406, Sec. 406.009: “An appeal under this section is to the district court of Travis County.”
16. According to Sec. 406.025, what specific inscription must be placed near the successor's printed name when issuing commissions after the governor or secretary of state ceases to hold office?
Answer: Printed name authorized by law. The law mandates that the phrase 'Printed name authorized by law' be inscribed near the successor's name to validate the commission.
Texas Government Code, Chapter 406, Sec. 406.025: “the inscription "Printed name authorized by law" near the successor's printed name.”
17. Under Section 406.017, which of the following activities is permitted for a notary public without violating the prohibition on giving legal advice?
Answer: Offering or providing language translation or typing services and accepting compensation. The statute provides an exception allowing notaries to offer translation or typing services for compensation.
Texas Government Code, Chapter 406, Sec. 406.017: “A person does not violate this section by offering or providing language translation or typing services and accepting compensation.”
18. Under Sec. 406.053, before performing duties, where must a commissioner of deeds take their oath?
Answer: Before the clerk of a court of record in the city, county, or country in which the commissioner resides. The law specifies that the oath must be administered by the clerk of a court of record located in the commissioner's place of residence.
Texas Government Code, Chapter 406, Sec. 406.053: “The oath shall be: (1) taken before the clerk of a court of record in the city, county, or country in which the commissioner resides;”
19. Under Sec. 406.006, what is one of the specific steps an individual must take to qualify as a notary public?
Answer: Successfully completing the education requirements established under Section 406.023. Section 406.006 lists successfully completing education requirements under Section 406.023 as a qualification step.
Texas Government Code, Chapter 406, Sec. 406.006: “An individual qualifies by: (1) properly completing the application form; (2) executing the statement; (3) providing the bond, if required; (4) paying the required filing fees; (5) meeting the eligibility requirements; and (6) successfully completing the education requirements established under Section 406.023 .”
20. Under Section 406.009, which of the following is listed as 'good cause' for rejecting an application or suspending a notary public's commission?
Answer: Performing any notarization when the person for whom the notarization is performed did not personally appear before the notary at the time the notarization is executed. The statute lists specific conditions for good cause, including the requirement that the signer personally appear before the notary.
Texas Government Code, Chapter 406, Sec. 406.009: “Performing any notarization when the person for whom the notarization is performed did not personally appear before the notary at the time the notarization is executed;”
21. Under Texas law, what is the penalty classification for a notary public who performs a notarization knowing the signer did not personally appear, if the document involves the transfer of real property?
Answer: State jail felony. The statute specifies that while the general offense is a Class A misdemeanor, it escalates to a state jail felony specifically when the document involves the transfer of real property.
Texas Government Code, Chapter 406, Sec. 406.0091: “An offense under this section is a Class A misdemeanor, except that it is a state jail felony if the document being notarized involves the transfer of real property or any interest in real property.”
22. What happens to an ex officio notary public's commission if they permanently move from their precinct?
Answer: They vacate the office. The statute states that permanently moving from the precinct causes the office to be vacated.
Texas Government Code, Chapter 406, Sec. 406.021: “An ex officio notary public who moves permanently from the notary public's precinct vacates the office.”
23. What is the fixed fee charged by the secretary of state for a notary public commission as stated in Sec. 406.007?
Answer: $10. The statute specifies a $10 fee for the commission itself, distinct from other potential administrative fees.
Texas Government Code, Chapter 406, Sec. 406.007: “The secretary of state shall charge for use of the state a fee of $10 for a notary public commission.”
24. What materials must the Secretary of State supply to a notary public immediately when the commission is issued?
Answer: Materials outlining powers and duties, prohibited acts list, sample forms, and identifying number. The statute lists these four specific items as mandatory supplies provided by the Secretary of State upon issuance of the commission.
Texas Government Code, Chapter 406, Sec. 406.008: “When the commission is issued, the secretary of state shall supply the notary public with: (1) materials outlining the powers and duties of the office; (2) a list of prohibited acts; (3) sample forms for an acknowledgment, jurat, and verification and for the administering of an oath, protest, and deposition; and (4) the identifying number assigned to the notary public.”
25. According to Sec. 406.002, when does the term of a Texas notary public expire?
Answer: Four years after the date the notary public qualifies. The statute sets the term length at four years from the qualification date.
Texas Government Code, Chapter 406, Sec. 406.002: “The term of a notary public expires four years after the date the notary public qualifies.”