1 Tex. Admin. Code § 87.42

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

Section 87.42 - Refusal of Requests for Notarial Services

(a) A notary public is authorized to refuse to perform a notarial act if:

(1) the notary public has reasonable grounds to believe that the principal is acting under coercion or undue influence;

(2) the notary public has reasonable grounds to believe that the document in connection with which the notarial act is requested may be used for an unlawful or improper purpose;

(3) the notary public has reasonable grounds to believe the signing party does not have the capacity to understand the contents of the document; or

(4) the notary public is not familiar with the type of notarization requested.

(b) A notary public who is employed by a governmental body shall not perform notarial services that interfere with the notary's discharge of the notary's duties as a public employee.

(c) An employer may limit or prohibit an employee who is a notary public from notarizing during work hours.

(d) A notary public may not refuse a request for notarial services on the basis of the sex, age, religion, race, ethnicity or national origin of the requesting party.

(e) A notary public should refuse a request for notarial services only after careful deliberation.

1 Tex. Admin. Code § 87.42

The provisions of this §87.42 adopted to be effective January 1, 2010, 34 TexReg 9395; Amended by Texas Register, Volume 41, Number 06, February 5, 2016, TexReg 959, eff. 2/10/2016; Amended by Texas Register, Volume 43, Number 33, August 17, 2018, TexReg 5359, eff. 8/19/2018