Offense of Notarization for Person Not Personally Appearing: Texas Government Code §406.0091

The Texas Offense of Notarization for Person Not Personally Appearing law gives police the right to arrest you if they believe you performed a notarization knowing the signer did not personally appear before you at the time of notarization.

The legislature created the new offense of Offense of Notarization for Person Not Personally Appearing in 2025 and placed it in Chapter 406 of the Government Code, which governs notaries public. The statute takes effect September 1, 2025, and it applies prospectively to conduct on or after that date.

The statute makes it a crime for a notary to perform a notarization knowing that the signer did not personally appear. The term “personal appearance” includes a traditional in-person appearance and a remote appearance through a qualifying two-way audio-video system that meets Chapter 406 requirements. The knowledge element is critical. The state must prove the notary knew the signer did not personally appear, which distinguishes this crime from administrative violations that do not require proof of knowledge. See the full text in the law section and the consequences explained in the penalty section.

The statute also recognizes an affirmative defense when an impostor presents apparently valid identification to the notary and the notary relies on it in good faith. That defense is narrow. It does not apply if the notary knew or had obvious reason to know the signer did not personally appear.

The Government Code classifies the Texas Notarization Without Personal Appearance law under Title 4 “Executive Branch,” Chapter 406 “Notary Public; Commissioner of Deeds.” Learn more about the Texas offense of Offense of Notarization for Person Not Personally Appearing below.

What is the current Texas law about Offense of Notarization for Person Not Personally Appearing?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Offense of Notarization for Person Not Personally Appearing in Government Code Section §406.0091, as follows:^[1]

(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.

This offense has three moving parts. First, the actor must be a notary public. Second, the notarization must be performed with knowledge that the signer did not personally appear at the time of execution. Third, “personal appearance” is defined to include either an in-person appearance that allows the parties to see, hear, communicate, and exchange identification, or a compliant online appearance using two-way audio-video technology that meets the state’s online-notary standards.

The statute also includes an affirmative defense that applies when an impostor appears before the notary and presents apparently valid identification that seems to match the named signer.^[2] If that happens, the impostor’s fraud does not automatically create criminal liability for the notary.

The law takes effect September 1, 2025, and applies to conduct on or after that date.^[3]

What is the penalty for a Texas Notarization Without Personal Appearance offense?

By default, a violation of this offense is classified as a Class A misdemeanor.^[4] The classification increases to a state jail felony if the notarized document involves the transfer of real property or any interest in real property.^[5]

How can I be charged with a Notarization Without Personal Appearance offense in Texas?

You can be charged with Notarization Without Personal Appearance in Texas if the state’s attorneys believe that each of the elements of §406.0091(a), as described in the section above, have been met.

What is the statute of limitations for Notarization Without Personal Appearance in Texas?

Misdemeanor level Notarization Without Personal Appearance charges have a two-year limitations period.^[6] Felony level offenses follow the default felony limitations period rule, which specifies a three-year limitations period.^[7]

Can you get probation for Notarization Without Personal Appearance in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Notarization Without Personal Appearance, and judges are also allowed to accept deferred adjudication plea deals.^[8]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[9]

What level of crime is Notarization Without Personal Appearance in Texas?

The Government Code classifies the punishment for Offense of Notarization for Person Not Personally Appearing as a Class A misdemeanor, but it can be enhanced to a state jail felony when the notarized document involves the transfer of real property or an interest in real property.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Government Code §406.0091. This law is current as of 2025.^2. Texas Government Code §406.0091(c), as enacted by SB 693, 89th Texas Legislature (RS), Section 3^3. SB 693, 89th Texas Legislature (RS), Section 9^4. Texas Government Code §406.0091(b), as enacted by SB 693, 89th Texas Legislature (RS), Section 3^5. Texas Government Code §406.0091(b), as enacted by SB 693, 89th Texas Legislature (RS), Section 3^6. Code of Criminal Procedure 12.02(a)^7. See Code of Criminal Procedure 12.01(11)^8. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^9. Art. 42A.054(b), Texas Code of Criminal Procedure