Posted by TX_Notary on 11/30/05 9:36am
Msg #79190

TX Notary Question

Does anyone in Texas know/understand what the laws are in Texas (See below) with providing a mobile fee for basic notarizations? I read this and in all honesty, not sure if I understand it correctly. If someone calls me to meet them some where to perform a notarization on a certified copy, can I still charge a mobile fee? I thought since I was a Certified Signing Agent, that it was ok to do this, but maybe I am wrong? Thanks for anyone's guidance on this matter.

A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to fees charged by a notary public.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 406.024, Government Code, is amended by
1-5 adding Subsection (c) to read as follows:
1-6 (c) A notary public may not add any additional costs to the
1-7 fees authorized by Subsection (a) for travel expenses or any other
1-8 incidental expenses associated with the services for which the
1-9 notary public may charge the authorized fee.
1-10 SECTION 2. This Act takes effect immediately if it receives
1-11 a vote of two-thirds of all the members elected to each house, as
1-12 provided by Section 39, Article III, Texas Constitution. If this
1-13 Act does not receive the vote necessary for immediate effect, this
1-14 Act takes effect September 1, 2001.

Reply by BrendaTx on 11/30/05 3:46pm
Msg #79338

Thank you for sharing that. I thought I was up on things, but not this one.

If there is a problem with a closing fee being charged, the charge is stated many times on the HUD and that's where the amount is being collected from the member of the public who is getting benefit of the service - we are not charging for notary work. We are accepting a job for a fee. That fee involves more than notarization.

I have seldom charged an individual for notarization because it's usually while I am working for someone else (lawyer/past job) or while I am doing a signing (these days). However, when I am hired by an enterprise to complete a job for them which involves transporting documents and assuring the all documents are signed properly, generating an envelope and going to deposit the same in a courier's box, I will charge because I am being other than a notary.

Reply by eXpedN_TX on 11/30/05 4:24pm
Msg #79349

I would have to agree with BrendaTX. It's important to keep the fees separate. A notary in TX can not charge more for a notarial service than the fees defined by our state. However, I was under the impression that a notary can establish their own charges for services outside of the notarial act. Just be sure the customer requesting the notarization is aware of this and agrees to it. Anyone else have any idea?

Reply by BrendaTx on 11/30/05 4:40pm
Msg #79357

Re: TX Notary Question--TX_Notary

Can you please provide me a link to the place where you got this info?

Reply by BrendaTx on 11/30/05 4:53pm
Msg #79369

Re: TX Notary Question - Was the bill even passed?

The bill you have referenced may have been proposed but not passed. I have to leave again, but when I return I will see what I can find out. Just because there is a bill does not mean the bill becomes law.