Tex. Gov't Code § 406.108 · Subchapter C. ONLINE NOTARY PUBLIC
ELECTRONIC RECORD OF ONLINE NOTARIZATIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public. The electronic record must contain for each online notarization:
(1) the date and time of the online notarization;
(2) the type of notarial act;
(3) the type, the title, or a description of the document or proceeding;
(4) the printed name and address of each principal involved in the transaction or proceeding;
(5) evidence of identity of each principal involved in the transaction or proceeding in the form of:
(A) a statement that the person is personally known to the online notary public;
(B) a notation of the type of identification document provided to the online notary public;
(C) a record of the identity verification made under Section 406.110, if applicable; or
(D) the following:
(i) the printed name and address of each credible witness swearing to or affirming the person's identity; and
(ii) for each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public;
(6) a recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence; and
(7) the fee, if any, charged for the notarization.
(b) The online notary public shall take reasonable steps to:
(1) ensure the integrity, security, and authenticity of online notarizations;
(2) maintain a backup for the electronic record required by Subsection (a); and
(3) protect the backup record from unauthorized use.
(c) The electronic record required by Subsection (a) shall be maintained for at least five years after the date of the transaction or proceeding.
(d) For documents that are tangible instruments, an online notary public shall keep a record of the documents notarized by the online notary public with a tangible symbol. The record for each online notarization with a tangible symbol must contain the same elements required by Subsection (a) for an electronic record.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 340 (H.B. 1217), Sec. 3, eff. July 1, 2018.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 258 (S.B. 1780), Sec. 2, eff. January 1, 2024.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.406.htm
- Text hash
- sha256 1d53eaf26efe1ed419a255d525ff62f6cbcbd101ec421c2e8c0014d7957bc283
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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