Prohibition Against Entering Personal Information in a Notary Record Book

September 1, 2023 Update

As of 9/1/2023, per HB355 the notary will be allowed to record the expiration date of the signer’s ID if it is presented for identification.

On occasion, I or someone in my family need a notary. I try to go to the same place but that’s not always possible. I am amazed how many notaries still write the signer’s identification number in their notary books. If my ID number has been written before I notice, I cross it out and mention to them that we are no longer allowed to record the information.

This conversation previously been had with the owner of a local store. One day I came in for notary services and they were again writing the number. I mentioned it again and the next time, they had ceased.

When appropriate, I mention this to the notary but my advice is not always welcome. This post is for the person who may just happen upon this page. The following information is copied from the Texas Office of Secretary of State. Please check there for updates.

Texas Administrative Code follows:

Texas Administrative Code

RULE §87.50Prohibition Against Entering Personal Information in a Notary Record Book

(a) A notary public (other than a court clerk notarizing instruments for the court) shall not record in the notary’s record book:  (1) an identification number that was assigned by a governmental agency or by the United States to the principal and that is set forth on the identification card or passport presented as identification;  (2) any other number that could be used to identify the principal of the document; or  (3) a biometric identifier, including a fingerprint, voice print, and retina or iris image.(b) This section does not prohibit a notary public from recording a number related to the mailing address of the principal of the document or the instrument.(c) This section does not apply to the audio-visual recording required by an online notary public performing an online notarization.(d) A notary public who inadvertently records information prohibited under subsection (a) of this section shall redact such information prior to providing public access to or copies of the notary record book.

Source Note: The provisions of this §87.50 adopted to be effective August 19, 2018, 43 TexReg 5355

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