Texas Secretary of State Apostille/Authentication of Documents

Go the the Texas SOS website for more information on Apostille/Authentication of Documents. https://www.sos.state.tx.us/authinfo.shtml

Increase in Notary Fees

To update and align notary fees with current economic conditions, beginning September 1, 2023, you will see an increase in notary fees. Typical notarial acts include acknowledgments and jurats, and oaths. These types of notarial acts will be $10 per for the 1st signature per seal and (for acknowledgments) $1 for each additional signature per seal.

Keep in mind that these fees are not the same as travel and expense fees for Mobile and Remote Online Notaries.

https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00255I.htm

Effective on 9/1/23

88R668 JES-D

By: Swanson

H.B. No. 255

A BILL TO BE ENTITLED AN ACT

relating to the maintenance of records

and charging of fees by a notary public; increasing the amount of certain fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 406.014, Government Code, is amended by adding Subsection (f) to read as follows:

(f) A notary public may record the expiration date of an identification card issued by a governmental agency or passport issued by the United States if the signer, grantor, or maker of an instrument or document presents the card or passport to the notary public as identification.

SECTION 2. Section 406.024, Government Code, is amended to read as follows:

Sec. 406.024. FEES CHARGED BY NOTARY PUBLIC.

(a) A notary public or its employer may charge the following fees:

(1) for protesting a bill or note for nonacceptance or nonpayment, register and seal, a fee of $4;

(2) for each notice of protest, a fee of $1;

(3) for protesting in all other cases, a fee of $4;

(4) for certificate and seal to a protest, a fee of $4;

(5) for taking the acknowledgment or proof of a deed or other instrument in writing, for registration, including certificate and seal, a fee of $10 [from $6] for the first signature and $1 for each additional signature;

(6) for administering an oath or affirmation with certificate and seal, a fee of $10 [from $6];

(7) for a certificate under seal not otherwise provided for, a fee of $10 [from $6];

(8) for a copy of a record

or paper in the notary public's office, a fee of $1 [from 50 cents] for each page;

(9) for taking the deposition of a witness, $1 [from 50cents] for each 100 words;

(10) for swearing a witness to a deposition, certificate, seal, and other business connected with taking the deposition, a fee of $10 [from $6]; and

(11) for a notarial act not provided for, a fee of $10 [from $6].

(b) A notary public may charge a fee only for an acknowledgment or official act under Subsection (a). The fee charged may not exceed the fee authorized by Subsection (a), as adjusted under Subsection (c).

(c)Once every five years, the secretary of state shall adjust the fees provided under Subsection (a) by the amount that results from applying the inflation rate, as determined by the comptroller on the basis of the increase, if any, in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor, to the current fee amounts.

SECTION 3. The secretary of state shall make the first adjustment in fees under Section 406.024(c), Government Code, as added by this Act, not later than December 31, 2028.

SECTION 4. This Act takes effect September 1, 2023.

Identity Proofing and Credential Analysis

What is identity proofing?

Identity proofing is the means by which the principal (signer of a document) affirms their identity. This is done through a third party who uses dynamic knowledge based authentication (KBA). KBA is a process in which the principal is asked a series of questions about the principal’s identity and personal history. In order to pass, the principal must answer at least 80% of the questions correctly. If the principal fails their first attempt, they may retake the quiz once within 24 hours. If the principal fails a second attempt they are prohibited from retrying with the same notary for at least 24 hours.

What is credential analysis?

Credential analysis is the process by which a principal’s government-issued identification card is validated. The process requires a third party to use technology to confirm the security features on an ID and confirm the ID is not fraudulent. The third party also uses information available from the issuing source or other authoritative source to confirm the details on the credential.

As part of the process, the third party is required to provide an output of the authenticity test to the notary and enable the notary to visually compare the credential used during credential analysis with the principal who has personally appeared before the notary via audio-visual transmission.

Can the notary provide the identity proofing and credential analysis process for the principal?

No. Both Chapter 406 of the Government Code and Chapter 87 of the secretary of state administrative rules require a third party to provide both the identity proofing and credential analysis procedures. By utilizing this technology, your digital certificate, when affixed to the document you have notarized, will make the document tamper evident.