Sec. 406.110.  ONLINE NOTARIZATION PROCEDURES GENERALLY.  (a)  An online notary public may perform an online notarization authorized under Section 406.107 that meets the requirements of this subchapter and rules adopted under this subchapter regardless of whether the principal is physically located in this state at the time of the online notarization.
(b)  In performing an online notarization, an online notary public shall verify the identity of a person signing a document at the time of the online notarization by using two-way video and audio conference technology that meets the requirements of this subchapter and rules adopted under this subchapter.  Identity shall be verified by:
(1)  the online notary public's personal knowledge of the person signing a document; or
(2)  each of the following:
(A)  remote presentation by the person signing a document of a government-issued identification credential, including a passport or driver's license, that contains the signature and a photograph of the person;
(B)  credential analysis of the credential described by Paragraph (A); and
(C)  identity proofing of the person described by Paragraph (A).
(c)  The online notary public shall take reasonable steps to ensure that the two-way video and audio communication used in an online notarization is secure from unauthorized interception.
(d)  The notarial certificate for an online notarization must include a notation that the notarization is an online notarization and must indicate if the signature was a tangible symbol or an electronic signature.
Added by Acts 2017, 85th Leg., R.S., Ch. 340 (H.B. 1217), Sec. 3, eff. July 1, 2018.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 258 (S.B. 1780), Sec. 4, eff. January 1, 2024.
Acts 2023, 88th Leg., R.S., Ch. 258 (S.B. 1780), Sec. 5, eff. January 1, 2024.