Section 406.108 - Electronic Record of Online Notarizations(a) An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public. The electronic record must contain for each online notarization: (1) the date and time of the online notarization; (2) the type of notarial act; (3) the type, the title, or a description of the document or proceeding; (4) the printed name and address of each principal involved in the transaction or proceeding; (5) evidence of identity of each principal involved in the transaction or proceeding in the form of: (A) a statement that the person is personally known to the online notary public; (B) a notation of the type of identification document provided to the online notary public; (C) a record of the identity verification made under Section 406.110, if applicable; or (D) the following: (i) the printed name and address of each credible witness swearing to or affirming the person's identity; and (ii) for each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public; (6) a recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence; and (7) the fee, if any, charged for the notarization. (b) The online notary public shall take reasonable steps to: (1) ensure the integrity, security, and authenticity of online notarizations;(2) maintain a backup for the electronic record required by Subsection (a); and(3) protect the backup record from unauthorized use.(c) The electronic record required by Subsection (a) shall be maintained for at least five years after the date of the transaction or proceeding.(d) For documents that are tangible instruments, an online notary public shall keep a record of the documents notarized by the online notary public with a tangible symbol. The record for each online notarization with a tangible symbol must contain the same elements required by Subsection (a) for an electronic record. Tex. Gov't. Code § 406.108
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 258,Sec. 2, eff. 1/1/2024.Added by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 340,Sec. 3, eff. 7/1/2018.