SB693

Regular Session

Relating to notaries public; creating a criminal offense; authorizing a fee.

CriticalImmediate action required

Medium Cost

Effective:2025-09-01

Enforcing Agencies

Texas Secretary of State • Local District and County Attorneys

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025 (Criminal penalties and retention rules apply immediately).
Compliance Deadline:
September 1, 2025: Immediate cessation of non-appearance notarizations to avoid criminal liability.
January 1, 2026: New education and application mandates apply to all appointments and reappointments submitted on or after this date.
Agency Rulemaking: The Secretary of State must adopt rules establishing course content and fees by January 1, 2026.
*Note:* A regulatory gap exists between Sept 1, 2025, and Jan 1, 2026, where criminal penalties are active, but the state-mandated education on these penalties will not yet be available.

Immediate Action Plan

Audit Notary Roster: Identify all employees holding a commission and map their expiration dates.
Issue Policy Memo: Distribute a directive immediately stating that notarizing without the signer's physical presence (or compliant RON connection) is prohibited and constitutes a criminal offense.
Update Offboarding: Revise exit interviews to address the location and storage of the departing employee's notary journal.
Verify RON Tools: Ensure IT has vetted all remote notarization platforms for statutory compliance.

Operational Changes Required

Contracts

Employment Agreements: Update job descriptions for administrative staff holding commissions. Explicitly state that adherence to Texas Government Code regarding personal appearance is a condition of employment to mitigate vicarious liability.
Third-Party Vendors: Mobile notary and signing agent contracts must be amended to require certification of compliance with the new 10-year record retention mandate.

Hiring/Training

Mandatory Education: You must allocate paid work hours for renewing notaries to complete the SOS-administered course (capped at 2 hours).
Internal Training: Immediately train staff that "leaving a document on the desk to be stamped later" is now a crime. Verify that any Remote Online Notarization (RON) software used meets Section 406.104 standards; standard video conferencing (Zoom/Teams) without identity proofing does not satisfy the "personal appearance" requirement.

Reporting & Record-Keeping

10-Year Retention: Update document retention policies to preserve notary journals for 10 years from the date of the act.
Custody Protocols: Establish a clear protocol for the physical custody of journals when a notary employee terminates employment. While the journal belongs to the notary, the business relies on the record to defend contract validity.

Fees & Costs

New Course Fees: Budget for a new, undefined "reasonable fee" for the SOS education course starting in 2026.
Insurance Review: Consult your broker immediately. Standard Errors & Omissions (E&O) policies typically exclude criminal acts. If an employee is charged with a felony for improper notarization, your current policy likely will not cover their defense.

Strategic Ambiguities & Considerations

"Reasonable Fee": The legislature did not cap the fee for the mandatory course; the SOS will determine this amount during rulemaking.
Course Exclusivity: The SOS is the sole provider of the required education. There is no alternative if the state's portal experiences technical failures, potentially creating bottlenecks for renewals in Q1 2026.
"Good Cause" for Revocation: While the law adds failure to maintain records as "good cause" for revocation, the specific audit procedures the SOS will use to verify the 10-year retention remain undefined.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCrimes Crimes--miscellaneous Notaries Continuing Education Secretary of State Occupational Regulation Occupational Regulation--other Trades & Professions Records Management

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 693
89R4149 JTZ-D	By: West
	Criminal Justice
	3/21/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Deed theft occurs when a person takes the title to a home without the homeowner's knowledge or consent. Usually, the signatures of the true owners are forged to either "sell" the property to unknowing buyers or borrow against the property from unknowing lenders. Often, the true owners do not discover that a fraudulent deed or lien has been filed until they go to sell or refinance their property.

To produce a document that appears to be valid, the bad actor either conspires with a notary, tricks a notary with a fake ID, or fraudulently reproduces the seal and signature of a notary.

S.B. 693 will deter deed theft from occurring by creating a criminal offense for the use of a valid or fraudulent notary signature on a fraudulent document. The bill would create a Class A misdemeanor for knowingly affixing a valid or fraudulent notary seal to a document that is presumed to be fraudulent under Section 51.901(c)(2) of the Government Code and filing or attempting to file that document. A document is presumed to be fraudulent when it purports to create a lien or assert a claim against real property and is a document that is not provided for by the Constitution or state or federal laws and is not created by consent of the obligor, debtor, or owner of the property or is not a lien imposed by a court.

As proposed, S.B. 693 amends current law relating to creating a criminal offense for the use of a notary seal or counterfeit seal on a fraudulent document or instrument.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 406, Government Code, by adding Section 406.027, as follows:

Sec. 406.027. USE OF NOTARY SEAL OR COUNTERFEIT SEAL ON FRAUDULENT DOCUMENT OR INSTRUMENT; CRIMINAL OFFENSE. (a) Defines "counterfeit seal."

(b) Provides that a person commits an offense if the person knowingly affixes a notary seal or counterfeit seal to a document or instrument presumed to be fraudulent under Section 51.901(c)(2) (relating to the circumstance in which a document or instrument is presumed to be fraudulent) and files, records, or attempts to file or record the document or instrument with a clerk of the supreme court, clerk of the court of criminal appeals, clerk of a court of appeals, district clerk, county clerk, district and county clerk, or municipal clerk.

(d) Authorizes the actor, if conduct that constitutes an offense under this section also constitutes an offense under any other law, to be prosecuted under this section, the other law, or both.

SECTION 2. Effective date: September 1, 2025.

Senate Authors

Sen. Royce WestDemocrat · Primary Author

House Sponsors

Rep. Rafael AnchiaDemocrat · Primary Sponsor

Joint Sponsors

Bill Text(with markup)

S.B. No. 693

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to notaries public; creating a criminal offense;
	authorizing a fee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 406.006, Government Code, is amended to
	read as follows:
	Sec. 406.006. QUALIFICATION. An individual qualifies by:
	(1) properly completing the application form;
	(2) executing the statement;
	(3) providing the bond, if required;
	(4) paying the required filing fees; [~~and~~]
	(5) meeting the eligibility requirements; and
	(6) successfully completing the education
	requirements established under Section 406.023.
	SECTION 2. Section 406.009(d), Government Code, is amended
	to read as follows:
	(d) In this section, "good cause" includes:
	(1) a false statement knowingly made in an
	application;
	(2) the failure to comply with Section 406.017;
	(3) a final conviction for a violation of a law
	concerning the regulation of the conduct of notaries public in this
	or another state;
	(4) the imposition on the notary public of an
	administrative, criminal, or civil penalty for a violation of a law
	or rule prescribing the duties of a notary public; [or]
	(5) performing any notarization when the person for
	whom the notarization is performed did not personally appear before
	the notary at the time the notarization is executed; or
	(6) failure to maintain records under Section 406.014.
	SECTION 3. Subchapter A, Chapter 406, Government Code, is
	amended by adding Section 406.0091 to read as follows:
	Sec. 406.0091. OFFENSE OF NOTARIZATION FOR PERSON NOT
	PERSONALLY APPEARING. (a) A person commits an offense if, as a
	notary public, the person performs any notarization with knowledge
	that the signer, grantor, maker, or principal for whom the
	notarization is performed did not personally appear before the
	notary public at the time the notarization is executed.
	(b) An offense under this section is a Class A misdemeanor,
	except that it is a state jail felony if the document being
	notarized involves the transfer of real property or any interest in
	real property.
	(c) It is an affirmative defense to prosecution under
	Subsection (a) that the person who personally appeared before the
	notary public knowingly presented an apparently valid proof of
	identification identifying the person as the signer, grantor,
	maker, or principal for whom the notarization was purported to be
	performed, regardless of the identity of the person.
	(d) For purposes of this section, a person personally
	appears before a notary public if:
	(1) for a notarization other than an online
	notarization, the person physically appears before the notary
	public at the time of the notarization in a manner that permits the
	notary public and the person to see, hear, communicate with, and
	provide proof of identification to each other; and
	(2) for an online notarization, the person appears at
	the time of the notarization by an interactive two-way video and
	audio conference technology that meets the standards adopted for
	online notarization under Section 406.104.
	SECTION 4. Section 406.011, Government Code, is amended by
	adding Subsection (c) to read as follows:
	(c) A notary public who has applied for reappointment must
	successfully complete the continuing education requirements
	established under Section 406.023 before being reappointed.
	SECTION 5. Section 406.014, Government Code, is amended by
	adding Subsection (g) to read as follows:
	(g) A notary public shall retain the records required by
	Subsection (a) until the 10th anniversary of the date of
	notarization.
	SECTION 6. Section 406.023, Government Code, is amended by
	adding Subsection (d) to read as follows:
	(d) The secretary of state shall adopt rules necessary to
	establish education requirements for appointment and continuing
	education requirements for reappointment as a notary public. The
	rules:
	(1) may not require a person to complete more than two
	hours of education for appointment or two hours of continuing
	education for reappointment;
	(2) must require that the secretary of state establish
	and offer education and continuing education courses and allow the
	secretary of state to charge a reasonable fee;
	(3) must require that the education and continuing
	education course hours required for appointment or reappointment as
	a notary public may only be completed through a course established
	and offered by the secretary of state; and
	(4) may not require a person appointed as a notary
	public before September 1, 2025, to complete education requirements
	required for initial appointment as a notary public on or after that
	date.
	SECTION 7. Not later than January 1, 2026, the secretary of
	state shall adopt rules necessary to implement the change in law
	made by this Act.
	SECTION 8. The change in law made by this Act applies only
	to an application for a notary public appointment or reappointment
	submitted on or after January 1, 2026. An application submitted
	before January 1, 2026, is governed by the law as it existed
	immediately before the effective date of this Act, and that law is
	continued in effect for that purpose.
	SECTION 9. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 23, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB693 by West (Relating to creating a criminal offense for the use of a notary seal or counterfeit seal on a fraudulent document or instrument.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would create a Class A misdemeanor offense for knowingly affixing a notary seal or counterfeit seal to a document or instrument presumed to be fraudulent and then filing, recording, or attempting to file or record the document or instrument with certain clerks.

It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.

Local Government Impact

It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 307 Secretary of State

LBB Staff:

JMc, MGol, DGI

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Frequently Asked Questions

Common questions about SB693

What does Texas SB693 do?

SB693 fundamentally alters the liability landscape for Texas businesses by elevating "convenience notarization"—notarizing without the signer present—from a procedural error to a criminal offense, punishable as a State Jail Felony for real estate documents. Effective September 1, 2025, the law also mandates a strict 10-year record retention period and establishes the Secretary of State (SOS) as the exclusive provider of mandatory notary education. Implementation Timeline Effective Date: September 1, 2025 (Criminal penalties and retention rules apply immediately).

Who authored SB693?

SB693 was authored by Texas Senator Royce West during the Regular Session.

When was SB693 signed into law?

SB693 was signed into law by Governor Greg Abbott on May 30, 2025.

Which agencies enforce SB693?

SB693 is enforced by Texas Secretary of State and Local District and County Attorneys.

How urgent is compliance with SB693?

The compliance urgency for SB693 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB693?

The cost impact of SB693 is estimated as "medium". This may vary based on industry and implementation requirements.

What topics does SB693 address?

SB693 addresses topics including crimes, crimes--miscellaneous, notaries, continuing education and secretary of state.

Legislative data provided by LegiScanLast updated: November 25, 2025

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