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TX Notary practice questions

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Question 1Notary Public Qualifications, Application, and Commissioning

Which official has the authority to appoint and commission Texas notaries public?

  1. The governor of Texas
  2. The Texas attorney general
  3. The county clerk where the applicant lives
  4. The Texas Secretary of State Correct answer.

Explanation

Texas law places the appointment and commissioning of notaries public with the Secretary of State. The governor, county clerks, and the attorney general play no part in issuing a notary commission.

Question 2Notary Public Qualifications, Application, and Commissioning

What is the length of a Texas notary public's term of office?

  1. Four years Correct answer.
  2. Two years
  3. At the pleasure of the governor
  4. Six years

Explanation

A Texas notary commission is issued for a four-year term. The exact expiration date is printed on the commission itself, and the term may be cut short only by revocation, resignation, or death.

Question 3Notary Public Qualifications, Application, and Commissioning

What is the minimum age for a person to be appointed a Texas notary public?

  1. 18 years Correct answer.
  2. 16 years
  3. 21 years
  4. 17 years

Explanation

An applicant must be at least 18 years old at the time of appointment. There is no upper age limit for holding a Texas notary commission.

Question 4Notary Public Qualifications, Application, and Commissioning

What residency status must an applicant hold to be appointed a Texas notary public?

  1. Ownership of real property in the county of appointment
  2. Residence in the State of Texas Correct answer.
  3. Lawful permanent residency of the United States
  4. Residence in the county where the applicant will notarize

Explanation

The applicant must be a resident of Texas when appointed. There is no requirement to own property, to live in a particular county, or to hold a specific federal immigration status.

Question 5Notary Public Qualifications, Application, and Commissioning

How much surety bond must a Texas notary public obtain before being commissioned?

  1. $25,000
  2. $1,000
  3. $5,000
  4. $10,000 Correct answer.

Explanation

A Texas notary must file a $10,000 surety bond with the Secretary of State as part of the application process. The bond protects members of the public who are harmed by a notary's official misconduct.

Question 6Notary Public Qualifications, Application, and Commissioning

Which qualification must a Texas notary applicant satisfy?

  1. Have at least one year of clerical experience
  2. Be able to read and write English Correct answer.
  3. Hold a high school diploma or its equivalent
  4. Complete a state-approved training course

Explanation

The statute requires that a notary applicant be able to read and write English. Texas imposes no diploma, experience, or mandatory training requirement on notary applicants.

Question 7Notary Public Qualifications, Application, and Commissioning

Which statement about testing for a Texas notary commission is accurate?

  1. No examination is required in Texas. Correct answer.
  2. Only applicants without prior notary experience must be tested.
  3. Applicants must pass an open-book examination.
  4. Applicants must pass a proctored written examination.

Explanation

Texas does not administer a notary examination; a qualifying applicant who files the correct paperwork, bond, and oath is commissioned. This differs from states that require a proctored or open-book test.

Question 8Notary Public Qualifications, Application, and Commissioning

What must a Texas notary public use to authenticate notarial acts?

  1. A signed and dated affidavit of office
  2. An official seal Correct answer.
  3. A certificate of authority issued by the county clerk
  4. A corporate-style embossed logo

Explanation

Every notarial certificate must be authenticated with the notary's official seal, which may be a rubber stamp or an embosser. The seal contains the required statutory information identifying the notary and the commission.

Question 9Notary Public Qualifications, Application, and Commissioning

The surety bond required of a Texas notary public must be payable to which party?

  1. The State of Texas Correct answer.
  2. The county in which the notary resides
  3. The Secretary of State personally
  4. Any person harmed by the notary

Explanation

The notary bond runs to the State of Texas, and a claimant recovers on it by making a claim against the bond. The bond is not payable to the Secretary of State as an individual or to a county government.

Question 10Notary Public Qualifications, Application, and Commissioning

Before performing notarial acts, a newly appointed Texas notary public must do which of the following?

  1. Purchase a professional liability policy
  2. Take the oath of office Correct answer.
  3. Register a business name with the county clerk
  4. Join a statewide notary association

Explanation

A notary must take and subscribe the constitutional oath of office, which is filed along with the bond. Only after the oath and bond are in place may the notary exercise the powers of the office.

Question 11Notary Public Qualifications, Application, and Commissioning

What fee must accompany a Texas notary application?

  1. $10
  2. $100
  3. $21 Correct answer.
  4. $50

Explanation

The Secretary of State charges a $21 application fee, submitted with the application and bond. This fee is separate from the premium the notary pays the surety company for the bond.

Question 12Notary Public Qualifications, Application, and Commissioning

A Texas notary public's authority to perform notarial acts extends where?

  1. Anywhere in the State of Texas Correct answer.
  2. Only within the county named on the commission
  3. Only within the notary's county and adjacent counties
  4. Only within the city limits of the notary's residence

Explanation

A Texas notary commission carries statewide authority, so the notary may perform notarial acts in any county. The notary's county of residence does not limit where the notary may act.

Question 13Notary Public Qualifications, Application, and Commissioning

Which circumstance is grounds for the Secretary of State to reject a Texas notary application?

  1. A bankruptcy filing several years earlier
  2. A felony conviction Correct answer.
  3. A citation for a Class C traffic offense
  4. A lapse of a previous notary commission

Explanation

A conviction for a felony or for a crime involving moral turpitude is a statutory ground on which the Secretary of State may reject an application. Minor infractions, financial hardship, and a lapsed prior commission are not disqualifying grounds.

Question 14Notary Public Qualifications, Application, and Commissioning

How must an applicant execute the Texas notary application?

  1. File it with the county clerk in person
  2. Sign it and have two witnesses attest it
  3. Sign and swear to it before an oath officer Correct answer.
  4. Mail it unsigned for the office to complete

Explanation

The notary application must be signed by the applicant and sworn to before an officer authorized to administer oaths. Witness attestation or an unsigned filing does not satisfy the sworn-application requirement.

Question 15Notary Public Qualifications, Application, and Commissioning

Which action may cause the Secretary of State to revoke a Texas notary commission?

  1. Charging a fee for notarizing a document
  2. Declining a request to notarize on a weekend
  3. Allowing the required surety bond to lapse Correct answer.
  4. Moving to another county within Texas

Explanation

A notary must keep the required bond in force for the entire term; failing to maintain coverage is a ground for revocation. Notaries may charge a permitted fee, may relocate within Texas, and are not obligated to be available at all times.

Question 16Notary Public Qualifications, Application, and Commissioning

A surety company providing a Texas notary bond must be which of the following?

  1. Owned and operated by a Texas resident
  2. Approved by the county commissioners court
  3. Authorized to write bonds in Texas Correct answer.
  4. Licensed in the notary's home county

Explanation

The bond must be written by a surety company authorized to transact surety business in Texas. Local ownership, county approval, and county-level licensing are not the governing standard.

Question 17Notary Public Qualifications, Application, and Commissioning

The Secretary of State assigns a Texas notary public which identifier?

  1. A county precinct number
  2. A federal employer identification number
  3. A notary identification number Correct answer.
  4. A state bar number

Explanation

Each commissioned notary receives a unique notary identification number that appears on the commission. Bar numbers, precinct numbers, and federal employer numbers are unrelated to notary status.

Question 18Notary Public Qualifications, Application, and Commissioning

Absent revocation or resignation, a Texas notary public's authority ends when?

  1. The notary reaches age 70
  2. The notary changes employers
  3. The expiration date printed on the commission Correct answer.
  4. The calendar year of appointment ends

Explanation

The commission states an expiration date, and the notary's authority ends on that date unless the notary has been recommissioned. There is no age cutoff, and a change of employer does not end a commission.

Question 19Notary Public Qualifications, Application, and Commissioning

A Texas notary whose four-year commission is about to expire wishes to keep serving. What must the notary do?

  1. Nothing, because a commission renews automatically without action
  2. File a new application, bond, and fee before expiration Correct answer.
  3. Complete a continuing education course and file a certificate
  4. Ask the governor to issue a reappointment order

Explanation

A Texas notary commission does not renew itself; the notary must submit a new application with bond and fee and be recommissioned before the current term ends. No continuing education certificate is required for renewal in Texas.

Question 20Notary Public Qualifications, Application, and Commissioning

A notary commissioned while living in Harris County moves to Travis County during the term. What is the effect on the commission?

  1. The notary must be recommissioned by the new county
  2. The commission ends when the notary moves
  3. The notary's authority is suspended until a new bond is filed
  4. The commission stays valid because authority is statewide Correct answer.

Explanation

Because a Texas notary's authority is statewide, a change of residence county does not affect the commission, and no new bond is triggered by the move. County offices do not commission notaries.

Question 21Notary Public Qualifications, Application, and Commissioning

A Texas notary public holds which of the following?

  1. A franchise granted by the county
  2. An employment position with the state
  3. A public office created under state law Correct answer.
  4. A license issued by a state agency

Explanation

A notary public is a public officer whose office is created by statute, not a state employee, occupational licensee, or county franchisee. This distinction matters because the notary owes duties to the public and acts under statutory authority.

Question 22Notary Public Qualifications, Application, and Commissioning

What happens if a Texas notary wants another person to exercise the notary's commission?

  1. It may be assigned by written notice to the county clerk.
  2. It may be sold together with the notary's business.
  3. It may be delegated to a deputy notary in the office.
  4. It cannot be transferred to any other person. Correct answer.

Explanation

A notary commission is personal to the individual named on it and cannot be assigned, delegated, or sold. Anyone else who wishes to notarize must qualify for and obtain a separate commission.

Question 23Notary Public Qualifications, Application, and Commissioning

Which item must appear on a Texas notary public's official seal?

  1. The notary's residence street address
  2. The notary's driver's license number
  3. The name of the county of appointment
  4. The notary's name and the commission's expiration date Correct answer.

Explanation

The official seal must identify the notary by name, show the words identifying the notary as a Texas notary public, and state the commission expiration date. County names, street addresses, and personal license numbers are not seal requirements.

Question 24Notary Public Qualifications, Application, and Commissioning

A person who holds a notary commission in Oklahoma wants to notarize documents in Texas. What must the person do?

  1. Apply for and receive a Texas notary commission Correct answer.
  2. Register the Oklahoma commission with the county clerk
  3. Notarize in Texas as an out-of-state officer under comity
  4. Obtain a Texas notary bond without applying

Explanation

Texas does not recognize notary commissions issued by other states, and a filing or a bond alone confers no authority. A person who wants to notarize in Texas must satisfy Texas qualifications and be commissioned by the Secretary of State.

Question 25Notary Public Qualifications, Application, and Commissioning

Which body of law principally governs the appointment and duties of Texas notaries public?

  1. The Texas Rules of Civil Procedure
  2. The Texas Business Organizations Code
  3. The Texas Government Code Correct answer.
  4. The Uniform Commercial Code

Explanation

The Texas Government Code, chiefly in its notary public chapter, sets out qualifications, bonding, commissioning, and notarial duties. The other cited bodies of law address business entities, commercial transactions, and court procedure, respectively.

Question 26Notary Public Qualifications, Application, and Commissioning

What is the required amount of the surety bond for a Texas notary public?

  1. $5,000
  2. $25,000
  3. $10,000 Correct answer.
  4. $1,000

Explanation

Before performing notarial duties, a Texas notary public must execute a surety bond in the amount of $10,000, payable to the Governor and conditioned on faithful performance. The bond protects members of the public who are harmed by the notary's official misconduct.

Question 27Notary Public Qualifications, Application, and Commissioning

With which official are a new Texas notary's bond and oath of office filed?

  1. The county clerk of the notary's county of residence Correct answer.
  2. The district clerk of the county where the notary resides
  3. The Governor's office of appointments and personnel
  4. The Secretary of State, Notary Public Division

Explanation

After the commission is issued, the notary takes the official oath and files the bond and oath with the county clerk of the county in which the notary resides. That clerk keeps the local record of the notary's authority.

Question 28Notary Public Qualifications, Application, and Commissioning

Which official issues a Texas notary public's commission?

  1. The district clerk
  2. The county judge
  3. The Secretary of State Correct answer.
  4. The Governor

Explanation

The Secretary of State appoints notaries public and issues their commissions for four-year terms. County officials play no role in granting the commission itself.

Question 29Notary Public Qualifications, Application, and Commissioning

The surety bond required of a Texas notary public is conditioned on which of the following?

  1. Payment of the notary's annual renewal fee
  2. Reimbursement of the Secretary of State's administrative costs
  3. Coverage of the notary's errors and omissions
  4. The faithful performance of the notary's official duties Correct answer.

Explanation

The bond is conditioned on the faithful performance of the notary's official duties, so a person harmed by official misconduct may look to the bond for recovery. The bond is not a fee deposit, a state reimbursement mechanism, or professional liability insurance.

Question 30Notary Public Qualifications, Application, and Commissioning

A client loses money because a Texas notary public failed to faithfully perform an official duty. What recourse does the client have?

  1. The client may make a claim against the notary's $10,000 surety bond. Correct answer.
  2. The client may make a claim against a Secretary of State guarantee fund.
  3. The client may recover only by demanding the entire $10,000 from the surety.
  4. The client has no recourse unless the notary's commission has been revoked.

Explanation

Because the bond is conditioned on faithful performance of official duties, a person injured by the notary's misconduct may pursue a claim against the bond. Recovery is limited to proven losses rather than the bond's face amount, and revocation of the commission is not a prerequisite.

Question 31Notary Public Qualifications, Application, and Commissioning

A person files a completed notary application and the $21 fee with the county clerk. What is the result?

  1. The application is ineffective because applications must be filed with the Secretary of State. Correct answer.
  2. The application is effective only if the county clerk also administers the oath.
  3. The county clerk issues a temporary commission pending state review.
  4. The county clerk forwards the papers and a commission issues.

Explanation

Notary applications are filed with the Secretary of State, which alone has authority to appoint notaries and issue commissions. County clerks receive the bond and oath after commissioning but cannot accept an application or create notarial authority.

Question 32Notary Public Qualifications, Application, and Commissioning

An applicant was convicted of a felony ten years ago and later received a full pardon. How does the conviction affect the application?

  1. The pardon removes the bar, so the applicant is eligible. Correct answer.
  2. The application may proceed, but only for a two-year commission.
  3. The application must be denied until twenty years have passed since the conviction.
  4. The application must be denied because a felony conviction is a permanent bar.

Explanation

A felony conviction disqualifies an applicant unless the applicant has been pardoned for the offense. With a full pardon, the applicant may be appointed if every other requirement is met.

Question 33Notary Public Qualifications, Application, and Commissioning

An applicant maintains a home in Texas but has lived and worked in New Mexico for the past three years. Which statement about the applicant's eligibility is correct?

  1. The applicant is eligible because owning Texas property satisfies the residency requirement.
  2. The applicant is eligible if the applicant intends to return to Texas within four years.
  3. The applicant is eligible if a Texas county clerk approves the application.
  4. The applicant is not eligible because a Texas notary must be a Texas resident. Correct answer.

Explanation

A notary applicant must be a resident of Texas at the time of appointment. Property ownership, future intentions, or local approval do not substitute for actual residency.

Question 34Notary Public Qualifications, Application, and Commissioning

A newly appointed Texas notary must take the official oath. Who may administer that oath?

  1. Any person authorized by law to administer oaths Correct answer.
  2. Only a district judge
  3. Only the county clerk of the notary's county
  4. Only the Secretary of State

Explanation

The oath of office may be administered by any officer authorized to administer oaths, which commonly includes the county clerk or another notary public. No single official holds exclusive authority to swear in a new notary.

Question 35Notary Public Qualifications, Application, and Commissioning

A notary applicant lives in Bexar County. In which county must the bond and oath be filed?

  1. The county where the notary expects to perform most notarial acts
  2. Any Texas county the notary chooses
  3. Bexar County, the county of the notary's residence Correct answer.
  4. Travis County, where the Secretary of State's office is located

Explanation

The bond and oath are filed with the county clerk of the county in which the notary resides at the time of commissioning. The notary's later practice locations do not change that filing requirement.

Question 36Notary Public Qualifications, Application, and Commissioning

A lawful permanent resident who lives in Texas and meets the other requirements applies for a notary commission. Which statement is correct?

  1. The applicant is eligible only for a provisional commission.
  2. The applicant is ineligible because all notaries must be citizens.
  3. The applicant must become a U.S. citizen before a commission may issue.
  4. The applicant is eligible because U.S. citizenship is not required. Correct answer.

Explanation

Texas notary qualifications focus on age, Texas residency, and the absence of disqualifying convictions; citizenship is not a requirement. A lawful permanent resident who satisfies those criteria may be commissioned.

Question 37Notary Public Qualifications, Application, and Commissioning

An applicant was convicted five years ago of a misdemeanor involving moral turpitude and has not been pardoned. How does this conviction affect eligibility?

  1. It bars appointment for five years only, after which the applicant becomes automatically eligible.
  2. It has no effect, because only felony convictions are considered for eligibility.
  3. It disqualifies the applicant, because moral turpitude convictions bar appointment. Correct answer.
  4. It bars appointment only if the misdemeanor was committed in Texas.

Explanation

The statutory disqualification covers convictions for felonies and for crimes involving moral turpitude, whether the offense is a felony or a misdemeanor. An unpardoned conviction of that kind prevents appointment.

Question 38Notary Public Qualifications, Application, and Commissioning

An applicant mails the Secretary of State a signed, sworn application, the $21 fee, and a $10,000 surety bond. What is the correct assessment?

  1. The bond must be sent to the Governor instead of the Secretary of State.
  2. The application is defective because the bond must be filed before the application is submitted.
  3. The bond is filed with the county clerk after commissioning, not with the application. Correct answer.
  4. The application is complete and a commission will issue immediately.

Explanation

The application and fee go to the Secretary of State, and the commission follows. Only afterward does the notary take the oath and file the bond with the county clerk, so a bond enclosed with the application is premature and misdirected.

Question 39Notary Public Qualifications, Application, and Commissioning

A notary's four-year commission expires on March 1. On March 10, without obtaining a new commission, the notary notarizes a client's signature. Which statement is correct?

  1. The notarization is valid if the client did not notice the expiration.
  2. The notarization is valid because the notary's bond remains in force.
  3. The notarization is valid because the notary's seal still shows a date.
  4. The notarization is unauthorized because the notary's commission had expired. Correct answer.

Explanation

A notary may perform notarial acts only while a valid commission is in effect. Once the term ends, the person lacks authority, and a purported notarization is improper regardless of the bond or seal.

Question 40Notary Public Qualifications, Application, and Commissioning

A newly commissioned Texas notary asks whether errors and omissions insurance is required in addition to the surety bond. Which answer is correct?

  1. No; only the $10,000 surety bond is required by statute. Correct answer.
  2. Yes; the policy must be renewed whenever the bond is renewed.
  3. No; the bond and an insurance policy are the same instrument.
  4. Yes; a policy of at least $1,000,000 must be filed with the county clerk.

Explanation

Texas requires a $10,000 surety bond but does not require a notary to carry errors and omissions insurance. A notary may choose to buy such coverage, but it is not part of the commissioning requirements.

Question 41Powers and General Duties of a Notary Public

A Texas notary public's geographic jurisdiction is:

  1. Limited to the county where the notary resides
  2. Statewide Correct answer.
  3. Limited to the county of commission and adjacent counties
  4. Limited to the county where the bond is filed

Explanation

Texas notaries have statewide authority and may perform notarial acts in any Texas county. The notary's residence or county of filing does not limit where the act may be performed.

Question 42Powers and General Duties of a Notary Public

Which of these is a notarial act that a Texas notary public is authorized to perform?

  1. Giving legal advice about a contract
  2. Administering an oath or affirmation Correct answer.
  3. Preparing a will for a client
  4. Representing a party in court

Explanation

A notary may administer oaths and affirmations, take acknowledgments, and perform other specified notarial acts. Preparing legal documents, giving legal advice, and representing parties are reserved for licensed attorneys.

Question 43Powers and General Duties of a Notary Public

A Texas notary public is commissioned by which official?

  1. The Secretary of State Correct answer.
  2. The district clerk
  3. The Governor
  4. The county judge

Explanation

The Secretary of State commissions Texas notaries public, and applications, bonds, and oaths are filed with that office. The Governor and local officials do not issue notary commissions.

Question 44Powers and General Duties of a Notary Public

Which item must appear on a Texas notary public's seal of office?

  1. The notary's driver's license number
  2. The notary's telephone number
  3. The notary's home address
  4. The notary's commission expiration date Correct answer.

Explanation

A Texas notary seal must include the notary's name, the words 'Notary Public, State of Texas,' and the commission expiration date. Address, driver's license, and telephone information are not required seal elements.

Question 45Powers and General Duties of a Notary Public

Which document may a Texas notary public properly notarize?

  1. A document the notary signed as a party
  2. The notary's own will
  3. A document in which the notary has a direct financial interest
  4. A document for an unrelated acquaintance who appears personally Correct answer.

Explanation

A notary may not notarize the notary's own signature or a document in which the notary is a party or has a direct beneficial interest. Notarizing for an unrelated person who appears personally is permissible if the other requirements are met.

Question 46Powers and General Duties of a Notary Public

Which task is outside the authority of a Texas notary public?

  1. Taking an acknowledgment
  2. Administering an oath
  3. Certifying a copy of a nonpublic document
  4. Explaining the legal effect of a contract Correct answer.

Explanation

Notaries may perform specified notarial acts such as oaths, acknowledgments, and limited copy certifications. Explaining a document's legal effect is the practice of law and requires an attorney's license.

Question 47Powers and General Duties of a Notary Public

Before performing notarial acts, a newly commissioned Texas notary must file which items with the Secretary of State?

  1. A deed and a mortgage
  2. A resume and a photograph
  3. An oath of office and a surety bond Correct answer.
  4. Proof of residence and a tax return

Explanation

Texas requires a notary to take and file the oath of office and to file a surety bond with the Secretary of State. These filings are conditions of receiving and exercising the commission.

Question 48Powers and General Duties of a Notary Public

A Texas notary may certify a copy of which document?

  1. A deed recorded in the county records
  2. A personal letter that is not a public record Correct answer.
  3. A court judgment
  4. A birth certificate issued by a government agency

Explanation

A notary may certify copies of ordinary documents but may not certify copies of public records or documents required by law to be recorded. Birth certificates, recorded deeds, and court judgments fall within those prohibited categories.

Question 49Powers and General Duties of a Notary Public

When taking an acknowledgment, the notary's primary duty is to:

  1. Guarantee that the document is legally enforceable
  2. Draft the document for the signer
  3. Require the signer to appear personally and acknowledge execution of the document Correct answer.
  4. Determine whether the signer is telling the truth about the document's contents

Explanation

An acknowledgment establishes that the signer personally appeared and acknowledged executing the document. The notary does not investigate truthfulness, guarantee enforceability, or draft the document.

Question 50Powers and General Duties of a Notary Public

A Texas notary public may take a deposition:

  1. If the notary follows the applicable rules for taking depositions Correct answer.
  2. Only if the notary is also an attorney
  3. Only with a court order in every case
  4. Only in the county where the notary resides

Explanation

Texas notaries are authorized to take depositions and to administer oaths in connection with them, subject to the rules governing depositions. The authority is not limited to the notary's county or to attorney-notaries.