Texas Law on "Notario Publico"

Notaries in Texas have specific, legislatively mandated guidelines that all notaries must take seriously. The laws we highlight in this article relate to two topics that might even seem controversial to some. The first is how a notary is allowed to use the title of Notary Public. The second topic relates to how a notary can work with immigration documents.

Notaries in Texas are prohibited from using the terms "Notario Publico."  

Gov't Code 406.017(a)(4)
Classifies as a Class A [state] misdemeanor the offense of a person using the phrase notario or notario publico to advertise the services of a Notary; or the offense of advertising services in a language other than English if the person doesn't post the written notice, as specified. Clarifies that an individual does not violate these provisions by offering or providing language translation or typing services and accepting compensation.

A Notario Publico carries a much different meaning and purpose than the English term Notary Public. For example, in Mexico, a Notario Publico is considered a legal professional and an attorney at law in some regards. Most seasoned notaries in Texas know that it is also forbidden to offer any legal advice unless the notary is also a licensed attorney. For this reason, we are unable to recommend which certificates you should use on a document. Always consult with a licensed attorney if you have questions about your paper's legality and wording.

Another section of Texas law addresses a notary's role concerning immigration documents. Aside from restating that the use of Notario Publico is prohibited, this section also includes a policy that restricts a notary's position within the context of an immigration consultant. Texas prohibits a notary from advertising any expertise in immigration matters.  Be sure to steer clear from violating these restrictions as a Texas Notary.

​1 TAC 87.11(a)(5), (a)(14), (a)(15)
Classifies as "good cause" for the purpose of revocation of a Notary's commission a Notary using the term notario or notario public in advertising or offering the services of a Notary, advertising and holding out in any manner that the notary is an immigration specialist or consultant, or any other title or description reflecting expertise in immigration matters, and using false or misleading advertising of either an oral or written nature, whereby the notary has represented or indicated that he or she has duties, rights, powers, or privileges that are not possessed by law.

A Texas Notary is allowed to provide translation services for compensation, but they cannot operate in any way that would be considered the practice of law. A notary cannot advertise or indicate that they are immigration specialists. Some specialized attorneys can provide legal advice on topics of immigration.  If you have questions, contact your licensed attorney for advice.