1 Tex. Admin. Code § 87.10

Current through Register Vol. 49, No. 48, November 29, 2024

Section 87.10 - Eligibility to Hold the Office of Notary Public

(a) Subject to the provision in subsection (b) of this section and § RSA 87.12 of this title (relating to Qualification by an Escrow Officer Residing in an Adjacent State), a person is eligible to be a notary public if the person is 18 years of age or older and a resident of Texas.

(b) A person is not eligible to be a notary public if the person was convicted of a crime involving moral turpitude or a felony and the conviction has become final, has not been set aside, and no pardon or certificate of restoration of citizenship rights has been granted.

(c) A crime involving moral turpitude includes the commission of a crime involving dishonesty, fraud, deceit, misrepresentation, deliberate violence, moral depravity, or that reflects adversely on the applicant's honesty, trustworthiness, or fitness as a notary public, which may include, but not be limited to:

(1) Class A and B type misdemeanors which have not been set aside, or for which no pardon or certificate of restoration of citizenship rights have been granted; and

(2) felony convictions which have not been set aside, or for which no pardon or certificate of restoration of citizenship rights have been granted.

(d) Class C type misdemeanor convictions shall not be considered in determining eligibility.

(e) If the secretary of state discovers, at any time, that an applicant or commissioned notary public is not eligible, the secretary of state will reject the notary public application or revoke the notary public commission.

1 Tex. Admin. Code § 87.10

The provisions of this §87.10 adopted to be effective January 1, 2010, 34 TexReg 9395; Amended by Texas Register, Volume 41, Number 06, February 5, 2016, TexReg 958, eff. 2/10/2016; Amended by Texas Register, Volume 43, Number 33, August 17, 2018, TexReg 5359, eff. 8/19/2018