Texas was one of the earliest U.S. states to authorize Remote Online Notarization (RON), allowing notaries to perform notarial acts over a live audio-video connection rather than in person. Since 2018, this system has transformed how individuals and businesses handle important documents—especially in real estate, finance, and cross-border transactions.
1. Legal foundation of online notarization in Texas
Remote Online Notarization in Texas is authorized under Chapter 406, Subchapter C of the Texas Government Code and Title 1, Chapter 87 of the Texas Administrative Code (rules issued by the Texas Secretary of State).
Texas was among the first states—alongside Virginia—to formally legislate RON, effective July 1, 2018. This framework establishes that a notarial act conducted using approved audio-video communication and digital verification methods has the same legal validity as one performed in person.
Key legal references include:
- Texas Government Code §406.101–§406.109: Establishes the authority and duties of online notaries public.
- Texas Administrative Code, Title 1, Part 4, Chapter 87: Sets the detailed standards for identity verification, recordkeeping, and technology.
- Texas Business & Commerce Code Chapter 322 (UETA): Recognizes electronic signatures and records as legally binding, complementing the federal ESIGN Act (15 U.S.C. §7001).
2. Becoming a Texas online notary
To perform remote online notarizations, a Texas notary must first hold a traditional notary commission and then apply for an online notary commission through the Texas Secretary of State.
Application requirements:
- Existing commission as a Texas notary public in good standing.
- Digital certificate issued by a trusted certificate authority for electronic signatures.
- Electronic seal that meets state specifications.
- Statement of intent outlining the technology or platform the notary intends to use.
- $50 filing fee with the Secretary of State.
Once approved, the notary may perform notarizations remotely for signers located anywhere, provided the notary themselves is physically located within Texas at the time of the act.
3. How remote notarization works in Texas
A compliant online notarization in Texas must include the following key elements:
Step 1: Audio-video conference
The notary and signer connect through a secure, real-time audio-video platform (e.g., Notarize, DocuSign, Nexsys). The session must allow both sides to see and hear each other clearly and be recorded in full.
Step 2: Identity verification
The signer’s identity must be confirmed through at least two methods:
- Credential analysis: Verification of a government-issued photo ID (such as a passport or driver’s license) by an automated or human-reviewed system.
- Knowledge-based authentication (KBA): Answering dynamic questions based on public or credit-record data.
These steps follow NIST Digital Identity Guidelines to ensure high assurance.
Step 3: Document review and e-signature
The signer electronically signs the document while on camera. The notary verifies the signature, applies their digital certificate and electronic seal, and completes an electronic notarial certificate that specifies the notarization was performed online.
Step 4: Recordkeeping
The Texas online notary must:
- Keep a secure electronic journal of all online notarizations.
- Retain audio-video recordings of each session for at least 5 years.
- Protect all data from unauthorized access and ensure confidentiality.
4. Permitted documents and common uses
Most documents that can be notarized in person may also be notarized online in Texas, including:
- Real estate deeds and loan documents
- Affidavits and statutory declarations
- Business contracts and powers of attorney
- Vehicle title transfers
- Identity verification forms
Exceptions:
Texas law prohibits remote notarization for certain testamentary instruments such as wills, codicils, and some estate planning documents unless specific legislative conditions are met. Always confirm whether your document type qualifies.
5. Benefits of Texas RON
| Advantage | Description |
|---|---|
| Convenience | Signers can appear from anywhere in the U.S. or abroad. |
| Speed | Documents can be notarized in minutes, without travel or mailing delays. |
| Security | Digital certificates, tamper-evident seals, and recordings ensure authenticity. |
| Accessibility | Beneficial for remote, disabled, or overseas signers. |
| Legal certainty | RON is fully recognized under Texas law and the ESIGN/UETA framework. |
6. Recognizing Texas online notarizations across borders
Under Texas Government Code §406.108, an online notarization performed by a duly commissioned Texas online notary is valid for all purposes in Texas and beyond.
Most other U.S. states recognize RON documents if validly performed under the laws of the commissioning state. For international use, a Texas online notarization may require an apostille or certificate of authority, depending on the receiving country’s requirements.
7. Practical tips for using RON in Texas
For signers:
- Confirm your internet connection, ID validity, and webcam/microphone before the session.
- Read the consent and privacy disclosures from the notary’s RON platform.
- Review the completed document carefully before submission or recording.
For notaries:
- Always perform notarizations from within Texas jurisdiction.
- Verify that your digital certificate and e-seal remain valid.
- Maintain secure backup copies of your journal and recordings.
- Follow Texas SOS guidance and respond to audits if requested.
8. The future of online notarization in Texas
Texas continues to refine its RON framework through administrative updates and coordination with national standards like MISMO and NIST SP 800-63. The federal SECURE Notarization Act—if enacted—will further streamline interstate recognition, but Texas already serves as a model jurisdiction for practical and legally sound remote notarization.
✅ Summary
- Texas law has recognized Remote Online Notarization since 2018.
- Notaries must be physically in Texas but may serve signers anywhere in the world.
- RON sessions require real-time audio-video, digital identity proofing, and secure electronic recordkeeping.
- Documents notarized online in Texas carry full legal effect under state and federal electronic signature laws.