Texas vs California Notary Requirements: Key Differences

Texas and California are the two most populous states in the country, and both now require notary applicants to pass an exam before receiving a commission. Starting January 1, 2026, Texas joined California in mandating education and testing under Senate Bill 693. If you are studying for either exam, moving from one state to the other, or considering a commission in both, understanding the key differences will help you avoid costly mistakes. A notary commission from one state does not transfer to the other. You must apply, complete education, pass the exam, and obtain a bond in whichever state you want to practice. The requirements differ in almost every detail.

California requires a 6-hour education course approved by the Secretary of State for all new applicants (Gov. Code Section 8201(a)(3)). Renewing notaries with a current commission who have completed the 6-hour course at least once may take a 3-hour refresher instead, but only if they apply before their commission expires (Gov. Code Section 8201(b)). If your commission has lapsed, you must take the full 6-hour course again. Texas requires a 2-hour education course consisting of instructional videos, and only the Texas Secretary of State is authorized to provide it. Private courses do not satisfy the SB693 requirement. Notaries appointed before September 1, 2025 are exempt until they renew. The California notary exam has 45 multiple choice questions, of which 40 are scored and 5 are unscored pilot questions. You need 70% to pass (28 out of 40 scored questions) and have 60 minutes. All questions come from the California Notary Public Handbook. The Texas notary assessment has 20 multiple choice questions with a 70% passing threshold (14 out of 20). Each attempt costs $20, and you can retake it up to 3 times within a 3-month period. All questions come from the four required SOS instructional videos.

Both states require a surety bond, but the amounts and filing processes differ. California requires a $15,000 bond from an admitted surety insurer (Gov. Code Section 8212). The oath of office and bond must be filed with the county clerk in the county where your principal place of business is located. You have exactly 30 calendar days from the start of your commission term to file. There are no exceptions to this deadline for any reason (Gov. Code Section 8213). If you miss it, your commission is void and you must start over. Texas requires a $10,000 bond from a Texas licensed bonding company. The bond is submitted as part of your online application through the SOS Notary Portal. The state fees total $21 ($10 commission, $10 bond filing, $1 archive fee). In both states, the bond protects the public, not the notary. If a claim is paid out, the bonding company will seek reimbursement from the notary. Both states issue commissions that last 4 years (California: Gov. Code Section 8204).

Both states set maximum fees for notarial acts. You can charge less in either state, but never more. California fees (Gov. Code Section 8211): - Acknowledgment: $15 per signature - Jurat: $15 - Deposition: $30 total - Certifying a copy of a power of attorney: $15 - Immigration forms: $15 per individual per set Texas fees: - Acknowledgment: $10 for the first signature, $1 for each additional signature - Oath or affirmation: $10 - Deposition: $1 per 100 words The fee structures differ in an important way. California charges a flat $15 per signature for acknowledgments. Texas charges $10 for the first signature and $1 for each additional. Notarizing a document with 4 signatures would cost up to $60 in California but only $13 in Texas. California also requires free notary services for vote by mail ballot materials (Gov. Code Section 8211(d)) and US military veterans' benefit applications (Gov. Code Section 8211(f)). Neither state caps travel fees.

Both states allow circular seals (up to 2 inches in diameter) or rectangular seals (up to 1 inch wide by 2.5 inches long). Beyond size, the required elements differ. A California seal must include the notary's name as on the commission, the State Seal of California, the words "Notary Public," the county where the oath and bond are filed, the commission expiration date, the commission number, and the seal manufacturer's ID number (Gov. Code Section 8207). A Texas seal must include the words "Notary Public, State of Texas" arranged around a star of five points, the notary's name, the commission expiration date, and the notary ID number for commissions issued on or after January 1, 2016. Both states require the seal to be kept under the notary's exclusive control. In California, willful failure to secure the seal is a misdemeanor (Gov. Code Section 8228.1), and the seal must be destroyed when the commission ends.

California requires notaries to keep one active sequential journal of all official acts (Gov. Code Section 8206). The journal must be kept in a locked and secured area under the notary's direct and exclusive control. Every entry must include the date, time, type of act, character of the document, the signer's signature, the method of identification, and the fee charged. California also requires a right thumbprint in the journal for deeds, quitclaim deeds, deeds of trust, other documents affecting real property, and powers of attorney (Gov. Code Section 8206(a)(2)(G)). The journal belongs to the notary and cannot be surrendered to an employer, even if the employer paid for it. When the commission ends, all journals must be delivered to the county clerk within 30 days (Gov. Code Section 8209). Texas requires notaries to maintain a record book documenting all notarial acts. The record book must be retained for 10 years. One notable Texas-specific rule: the law prohibits recording the signer's ID number in the record book.

California has one of the most detailed identification frameworks of any state. Under Civil Code Section 1185, notaries cannot rely on personal knowledge alone to identify a signer. Even if you have known someone for decades, you must still obtain satisfactory evidence through one of three methods: an acceptable ID document, a single credible witness who is personally known to the notary, or two credible witnesses. California divides acceptable IDs into two categories. Category 1 documents (acceptable on their own, must be current or issued within 5 years) include a California driver's license or ID card, a US passport or passport card, and certain inmate IDs. Category 2 documents (must include a photo, description, signature, and identifying number) include foreign passports, out-of-state licenses, US military IDs, and government employee IDs (Civil Code Section 1185(b)(3) and (4)). Texas takes a broader approach. Texas law allows notaries to verify identity through personal knowledge, a government-issued photo ID, or a credible witness. Texas does not divide IDs into separate categories and is generally less prescriptive about which specific documents qualify. This is a significant difference for exam preparation. California candidates must memorize specific ID categories and the credible witness rules in detail. Texas candidates need to understand the broader framework and the prohibition on recording ID numbers. Ready to start studying? NotaryExamPro has AI-powered practice questions, study guides, and an AI tutor built from the official handbook.