Notary Law Update: Texas

Effective September 1, 2025

Texas lawmakers have passed Senate Bill 693, ushering in some of the most significant updates to notary law in recent years. These changes, effective September 1, 2025, introduce criminal penalties for improper notarizations, extend recordkeeping responsibilities, and establish education requirements.

This isn’t just another rule change — it reflects a broader push to professionalize the notary industry and increase accountability.

Let’s break it down.

Notary Law Update: Criminal Penalty for Notarizing Without the Signer’s Presence

The Law: Knowingly notarizing without the signer present is now a Class A misdemeanor, and if the notarization involves a transfer of real property, it escalates to a state jail felony.

Why This Matters: For years, “drive-by” or “favor” notarizations have put notaries and the public at risk. By attaching serious criminal consequences, Texas is sending a clear message: presence isn’t optional, it’s the foundation of notarial integrity.

Example in Action:

• Illegal: A title agent leaves deeds on your desk and asks you to stamp them since “the buyers already signed.” That’s now a felony-level mistake.

• Legal: The buyers appear in front of you, provide ID, and sign in your presence. Only then can you notarize.

New Record Retention Requirement

The Law: Notaries must now keep their records for 10 years from the date of notarization.

Why This Matters: Think of your notarial journal as both a shield and a receipt. It protects you if a transaction is challenged years later and serves as proof of your compliance. The new 10-year rule reflects how often legal disputes can surface long after documents are signed.

Example in Action:

• You notarize a trust agreement in 2026. A family dispute erupts in 2034. Because you kept your journal, you can provide evidence that the notarization was legitimate.

• Without the journal, your role could be questioned — and your commission jeopardized.

Education Requirements for New and Renewing Notaries

The Law: Starting January 1, 2026, new applicants and renewing notaries must complete up to 2 hours of state-provided education or continuing education.

Why This Matters: Notaries often enter the field with little training beyond the basics. This new requirement elevates the profession by ensuring every notary has at least a baseline understanding of compliance, responsibilities, and ethics. It’s a step toward treating notaries less like a formality and more like licensed professionals.

Example in Action:

• If your commission expires in February 2026, you’ll need to complete the 2-hour continuing education before reappointment.

• If your term runs through 2028, you’ll complete the training at that renewal point.

The Bigger Picture

Senate Bill 693 isn’t just about rules,  it’s about raising the bar for professionalism. For too long, notaries have been seen as “just a stamp.” These changes reinforce that notaries play a critical role in fraud prevention and legal reliability.

By tightening criminal penalties, requiring record longevity, and mandating education, Texas is signaling that notaries are trusted public officials — and that with trust comes responsibility.

For practicing notaries, this is an opportunity. The more rigorous the rules become, the more valuable compliance-minded notaries will be in the marketplace. Clients will seek out those who know the law, follow the rules, and can confidently explain the process.

Final Word

Change can feel overwhelming, but in this case, it strengthens both the profession and public trust. Use this time to review your practices, get your recordkeeping in order, and plan ahead for continuing education.

📖 To fully understand these updates, read the complete text of Senate Bill 693.