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SB693

Regular Session

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

Critical
Medium Cost
Effective:2025-09-01
SB693
Critical
Relating to notaries public; creating a criminal offense; authorizing a fee.
Critical Compliance Urgency
Requires immediate attention
Cost Impact
Medium
Effective
2025-09-01
Enforcing Agencies
Local District and County AttorneysTexas Secretary of State
Primary Author: Sen. Royce West
89th Texas Legislature
jdkey.com
01

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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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Jan 3, 2025
Passed Senate
Apr 9, 2025
Passed House
May 13, 2025
Signed
May 30, 2025
TopicsCrimesCrimes--miscellaneousNotariesContinuing EducationSecretary of StateOccupational RegulationOccupational Regulation--other Trades & ProfessionsRecords Management
03

Senate Authors

Sen. Royce WestDemocrat · Primary Author

House Sponsors

Rep. Rafael AnchiaDemocrat · Primary Sponsor
Joint Sponsors

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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Quick Reference

Frequently Asked Questions

Common questions about SB693

Q

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).

Q

Who authored SB693?

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

Q

When was SB693 signed into law?

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

Q

Which agencies enforce SB693?

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

Q

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.

Q

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.

Q

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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