Overcharging and No Journal
A notary public charges a client $30 for one acknowledgment and adds a $75 'travel fee' for a 10-mile trip. When the client asks for an itemized receipt, the notary says, 'I don't give receipts, and I don't keep a journal-Texas doesn't require one.' The client later learns that the statutory maximum fee for a notarial act is $10 and files a complaint with the Secretary of State. The notary has no prior complaints and has been commissioned for six years. The notary admits the fee but argues the travel charge was separate and that the client agreed to it.
1. Did the notary violate the fee statute? Analyze the $30 acknowledgment and the $75 travel charge separately.
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Yes as to the acknowledgment. Texas caps the fee for a notarial act at $10, so charging $30 for one acknowledgment exceeds the statutory maximum even if the client agreed. The travel charge is analyzed differently: a separate travel or convenience charge is not automatically a notarial fee, but it cannot be used to disguise compensation above the cap. A $75 charge for a 10-mile trip is disproportionate and looks like fee evasion, especially when combined with the inflated acknowledgment fee. The notary should have charged no more than $10 for the notarial act and, if any travel charge was agreed, disclosed it separately and kept it reasonable.
2. Is the notary's refusal to keep a journal or give a receipt a violation of Texas notary law?
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Texas does not require a notary public to keep a journal of notarial acts, so the absence of a journal is not itself a statutory violation. Texas also does not impose a general statutory duty to issue a receipt for a notarial fee. However, the lack of any record makes it harder for the notary to defend against a complaint, and a notary who overcharges cannot rely on the absence of a receipt requirement to justify the overcharge. Good practice is to keep a record of fees and acts even when not legally required.
3. What disciplinary outcomes are possible, and what should the notary do in response to the complaint?
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The Secretary of State may investigate and may suspend or revoke the commission for official misconduct, including overcharging. The notary should cooperate, refund the excess over the $10 cap, and stop bundling inflated travel charges with notarial fees. Prior clean history may be mitigating, but it does not excuse the statutory fee violation. The notary should also correct any future fee schedule and keep basic records of acts and charges to demonstrate compliance.