Prohibited Acts, Conflicts of Interest, and Notario Publico Restrictions
The unauthorized practice line
A notary who is not a licensed Texas attorney may not give legal advice, draft or select documents for a customer, or explain a document's legal effect. Explaining what a document 'means,' choosing which form a customer needs, or advising on immigration consequences crosses the line even if the notary means well. The notary's job is to verify identity, administer oaths, and complete certificates - nothing more.
Notario publico restrictions
A non-attorney notary may not use the title 'notario' or 'notario publico,' or any foreign-language equivalent of 'notary public' that implies the notary is an attorney. Advertising in any language other than English must include the statutory disclaimer, in English and in the language of the advertisement, stating that the person is not an attorney licensed to practice law in Texas and may not give legal advice or accept fees for legal advice. Advertised fees must also be disclosed.
Conflicts of interest and other prohibitions
A notary may not notarize the notary's own signature, and may not act in a matter in which the notary is a party or holds a direct beneficial interest. A notary may not sign a certificate containing blank spaces, may not perform an act without the signer's appearance, and may not charge more than the statutory fee.
Rule of thumb
If a question involves an immigration form, a will, a contract, or a document the notary helped choose, complete, or explain, the answer is 'prohibited - refer the person to an attorney.'
Traps
Believing a notary may 'just explain' a document; believing the notario restriction applies only to signs, not to business cards, websites, or radio ads.