Tex. Gov't Code § 406.109 · Subchapter C. ONLINE NOTARY PUBLIC
USE OF ELECTRONIC RECORD, SIGNATURE, AND SEAL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) An online notary public shall take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by the device's issuing or registering authority.
(b) An online notary public shall keep the online notary public's electronic record, electronic signature, and electronic seal secure and under the online notary public's exclusive control. The online notary public may not allow another person to use the online notary public's electronic record, electronic signature, or electronic seal.
(c) An online notary public may use the online notary public's electronic signature only for performing online notarization.
(d) An online notary public shall attach the online notary public's electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident.
(e) An online notary public shall immediately notify an appropriate law enforcement agency and the secretary of state of the theft or vandalism of the online notary public's electronic record, electronic signature, or electronic seal. An online notary public shall immediately notify the secretary of state of the loss or use by another person of the online notary public's electronic record, electronic signature, or electronic seal.
(f) An online notary public shall authenticate all online notarizations with the online notary public's:
(1) electronic seal, if the online notarization was performed with respect to an electronic document; or
(2) seal of office as provided under Section 406.013, if the online notarization was performed with respect to a tangible document.
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. 3, 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 e64d9c83b8097b6babe8bef784b8d8092f927c4d6b0ef633a5f16e403a36e790
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.