KP-0423

Summary

A court would likely conclude that the law does not prohibit a notary public from including additional information while performing an online notarization if it does not interfere with the notary’s obligations under subsections 406.108(b)(1) and 406.109(d) of the Government Code, or the Texas Secretary of State’s rules. Additionally, a court would likely conclude that a notary public may not charge the $6 fee under subsection 406.024(a)(11). Lastly, a court would likely conclude that a notary public may not release an image of the identification card used by email or otherwise without the consent of the individual whose identity is being established.