Texas Notary Bond Requirements

Is a notary bond required in Texas?

Yes. A traditional Texas notary public must execute a $10,000 surety bond before entering the duties of office. Government Code § 406.010 requires each person to be appointed a notary public to execute a bond in the amount of $10,000, and the Secretary of State’s official bond form (Form 2301-B) confirms the amount, stating the bond is “payable to the governor, and conditioned on the faithful performance of office duties.”

The bond must be issued by a solvent surety company authorized to do business in Texas as a surety. The Secretary of State does not recommend companies or set pricing. The bond is submitted to the Secretary of State through the online notary system, which approves and files it as part of qualification.

The bond protects the public: if a signer is injured by a notary’s improper act, they can make a claim against the bond, and the surety can then seek repayment from the notary. The state also charges a small filing fee (Government Code § 406.007 specifies a $10 fee for approving and filing the bond, plus a $1 fee for the Secretary of State’s investigator and materials).

How to become a notary in Texas

The Secretary of State commissions Texas notaries. To qualify you must:

1. Meet eligibility requirements. Be a Texas resident, at least 18 years old, with no felony conviction or conviction for a crime involving moral turpitude. The office runs a background check on all applicants.
2. Complete the required education. Government Code Chapter 406 requires notary education; the Secretary of State has been updating its rules following Senate Bill 693 (2025) to align with the education requirements for submitting an application.
3. Complete the application. Applications are submitted through the SOS Notary Portal.
4. Obtain and upload the $10,000 surety bond using Form 2301-B, completed and signed by a Texas-licensed surety company.
5. Pay the required fees and submit the application online.
6. Receive your commission and obtain a seal. Once qualified, you serve with statewide jurisdiction.

Bond vs. E&O insurance in Texas

The $10,000 bond and E&O insurance are distinct. The bond is mandatory and safeguards the public; a claim paid on the bond must ultimately be repaid by the notary. E&O insurance is optional and safeguards the notary, covering legal defense and settlement costs when a signer alleges a notarial error. Carrying E&O does not replace the bond—a Texas notary must still execute the $10,000 bond to qualify, whether or not they also buy E&O.

Renewing your Texas commission

A Texas notary’s term expires four years after the date the notary qualifies (Government Code § 406.002). Commissions do not renew automatically, so you submit a renewal application through the SOS Notary Portal before your term ends. Because the bond is tied to the term of office, a new bond covering the new four-year period is part of the renewal, along with any current education requirements.

Remote online notarization in Texas

Texas authorizes online notarization. An online notary public registers with the Secretary of State separately from the traditional commission and uses approved technology to notarize for signers appearing by live audio-video. The specific registration steps, technology standards, and any additional requirements are administered by the Secretary of State, so prospective online notaries should confirm current requirements with that office.

Non-resident notaries in Texas

The Secretary of State requires a traditional Texas notary public to be a Texas resident. Because residency is a qualification for the commission, out-of-state applicants generally cannot obtain a standard Texas notary commission. Applicants should rely on the Secretary of State’s current eligibility guidance for their situation.