15 questions from the Texas Government Code, Chapter 406. Pick an answer to see the rule behind it.
1. According to Texas Notary Public law, how many hours of continuing education are required for a notary public to be reappointed?
Answer: Two hours. The statute caps the continuing education requirement for reappointment at two hours.
Texas Government Code, Chapter 406, Sec. 406.023: “may not require a person to complete more than two hours of education for appointment or two hours of continuing education for reappointment;”
2. If a notary public's office becomes vacant due to resignation, removal, or death, who is responsible for obtaining the record books and public papers?
Answer: The County Clerk of the county in which the notary public resides. Section 406.022 assigns the duty of securing notary records upon vacancy to the county clerk of the notary's residence county.
Texas Government Code, Chapter 406, Sec. 406.022: “the county clerk of the county in which the notary public resides shall obtain the record books and public papers belonging to the office of the notary public and deposit them in the county clerk's office.”
3. What is the earliest time a Texas notary public may apply for reappointment relative to their current term expiration?
Answer: Not earlier than 90 days prior to the expiration date. The statute establishes a 90-day window prior to expiration as the earliest permissible time for filing a reappointment application.
Texas Government Code, Chapter 406, Sec. 406.011: “Not earlier than 90 days prior to the expiration date of the notary's term, a notary public may apply for reappointment on submission of a new application to the secretary of state.”
4. According to Section 406.016, what is the specific limitation on a notary public's ability to issue identification cards?
Answer: A notary public may not issue an identification card. The law directly states that notaries are prohibited from issuing identification cards.
Texas Government Code, Chapter 406, Sec. 406.016: “A notary public may not issue an identification card.”
5. According to Sec. 406.004, what action must the secretary of state take if they discover an applicant is ineligible to serve?
Answer: Reject the notary application or revoke the notary commission. The statute mandates that the secretary of state must either reject the application or revoke the commission if the applicant is found ineligible.
Texas Government Code, Chapter 406, Sec. 406.004: “If the secretary of state discovers, at any time, that an applicant to be a notary public or a commissioned notary public is not eligible to serve as a notary public, the secretary of state shall: (1) reject the notary application; or (2) revoke the notary commission.”
6. According to Sec. 406.055, which of the following authorities does a commissioner of deeds possess?
Answer: The same authority as a notary public to take acknowledgments, administer oaths, and take depositions. The law equates the powers of a commissioner of deeds with those of a standard notary public regarding acknowledgments, oaths, and depositions.
Texas Government Code, Chapter 406, Sec. 406.055: “A commissioner of deeds has the same authority as a notary public to take acknowledgments and proofs of written instruments, to administer oaths, and to take depositions to be used or recorded in this state.”
7. What exact sentence must a notary write beneath a signature when signing for an individual with a disability under Section 406.0165?
Answer: Signature affixed by notary in the presence of (name of witness), a disinterested witness, under Section 406.0165 , Government Code. The statute mandates this specific wording to be written beneath the signature.
Texas Government Code, Chapter 406, Sec. 406.0165: “Signature affixed by notary in the presence of (name of witness), a disinterested witness, under Section 406.0165 , Government Code.”
8. Which of the following scenarios is excluded from being considered a conviction for the purposes of determining eligibility and good cause?
Answer: A dismissal of a proceeding against the defendant and discharge of the defendant before an adjudication of guilt. The statute clarifies that dismissals before an adjudication of guilt do not count as convictions when evaluating a notary's eligibility.
Texas Government Code, Chapter 406, Sec. 406.009: “The following may not be considered a conviction for the purposes of determining eligibility and good cause: (1) a dismissal of a proceeding against the defendant and discharge of the defendant before an adjudication of guilt;”
9. Which entity is designated as having the burden of proof in an appeal regarding the suspension or revocation of a notary public's commission?
Answer: The Secretary of State. The law assigns the burden of proof to the Secretary of State during appeals concerning the rejection, suspension, or revocation of a commission.
Texas Government Code, Chapter 406, Sec. 406.009: “The secretary of state has the burden of proof, and the trial is conducted de novo.”
10. Under Texas law, what is the maximum allowable dimension for the width of a rectangular notary public seal?
Answer: One inch. The statute limits the width of a rectangular seal to no more than one inch.
Texas Government Code, Chapter 406, Sec. 406.013: “The seal may be a circular form not more than two inches in diameter or a rectangular form not more than one inch in width and 2-1/2 inches in length.”
11. Who is authorized to administer the official oath of office to a newly appointed Texas notary public?
Answer: Any notary public or other person authorized to administer oaths in this state. The law specifies that the oath must be taken in the presence of another authorized official, such as another notary.
Texas Government Code, Chapter 406, Sec. 406.010: “The oath shall be signed and sworn to or affirmed by the notary public in the presence of a notary public or other person authorized to administer oaths in this state.”
12. What is the term of office for a commissioner of deeds as defined in Sec. 406.052?
Answer: Two years. The statute clearly states that the duration of the appointment for a commissioner of deeds is two years.
Texas Government Code, Chapter 406, Sec. 406.052: “The term of office of a commissioner of deeds is two years.”
13. Under Texas Government Code Section 406.016, which of the following is a specific authority granted to a notary public?
Answer: Taking acknowledgments or proofs of written instruments. The statute lists taking acknowledgments or proofs of written instruments as an authority, while other options describe limitations or different duties.
Texas Government Code, Chapter 406, Sec. 406.016: “A notary public has the same authority as the county clerk to: (1) take acknowledgments or proofs of written instruments;”
14. According to Sec. 406.054, what specific design elements must be included on the seal of a commissioner of deeds?
Answer: A star of five points in the center and the words 'Commissioner of the State of Texas' engraved on the seal. The statute mandates the inclusion of a five-pointed star and the specific phrase 'Commissioner of the State of Texas' on the seal.
Texas Government Code, Chapter 406, Sec. 406.054: “A commissioner of deeds shall provide a seal with a star of five points in the center and the words "Commissioner of the State of Texas" engraved on the seal.”
15. According to Sec. 406.005, which specific piece of information is NOT required to be stated in the notary public application form?
Answer: The applicant's preferred pronouns. The statute lists specific required fields including residence, ID number, and SSN, but does not list preferred pronouns as a required field.
Texas Government Code, Chapter 406, Sec. 406.005: “The application must state: (1) the applicant's name to be used in acting as a notary public; (2) the applicant's post office address; (3) the applicant's county of residence; (4) the applicant's date of birth; (5) the applicant's driver's license number or the number of other official state-issued identification; and (6) the applicant's social security number.”