2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 406 - Notary Public; Commissioner of Deeds › Subchapter C. Online Notary Public › Section 406.101. Definitions

Sec. 406.101.  DEFINITIONS.  In this subchapter:
(1)  "Credential analysis" means a process or service operating according to criteria approved by the secretary of state through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources.
(1-a)  "Document" means a tangible instrument or electronic document.
(2)  "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(3)  "Electronic document" means information that is created, generated, sent, communicated, received, or stored by electronic means.
(4)  "Electronic notarial certificate" means the portion of a notarized electronic document that is completed by an online notary public and contains the following:
(A)  the online notary public's electronic signature, electronic seal, title, and commission expiration date;
(B)  other required information concerning the date and place of the online notarization; and
(C)  the facts attested to or certified by the online notary public in the particular notarization.
(5)  "Electronic seal" means information within a notarized electronic document that confirms the online notary public's name, jurisdiction, identifying number, and commission expiration date and generally corresponds to information in notary seals used on paper documents.
(6)  "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document.
(7)  "Identity proofing" means a process or service operating according to criteria approved by the secretary of state through which a third person affirms the identity of an individual through review of personal information from public and proprietary data sources.
(8)  "Notarial act" means the performance by an online notary public of a function authorized under Section 406.016.
(9)  "Online notarization" means a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted under Section 406.104.
(10)  "Online notary public" means a notary public who has been authorized by the secretary of state to perform online notarizations under this subchapter.
(11)  "Principal" means an individual:
(A)  whose signature is notarized in an online notarization; or
(B)  taking an oath or affirmation from the online notary public but not in the capacity of a witness for the online notarization.
(12)  "Remote presentation" means transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to:
(A)  identify the individual seeking the online notary public's services; and
(B)  perform credential analysis.
(13)  "Sign" means, with the present intent to authenticate or adopt a record, to:
(A)  execute or adopt a tangible symbol; or
(B)  execute an electronic signature, as defined by Section 322.002, Business & Commerce Code.
(14)  "Signature" means a tangible symbol or electronic signature that evidences the signing of a record executed or adopted by a person with the intent to sign the document.
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. 1, eff. January 1, 2024.