Texas UPL Statute Summary

Texas Gov’t Code §406.017, Representation as Attorney

  1. A person commits an offense if the person is a notary public and the person:
  1. States or implies that the person is an attorney licensed to practice law in this state;
  2. Solicits or accepts compensation to prepare documents for or otherwise represent the interest of another in a judicial or administrative proceeding, including a proceeding relating to immigration to the United States, United States citizenship, or related matters;
  3. Solicits or accepts compensation to obtain relief of any kind on behalf of another from any officer, agency, or employee of this state or the United States;
  4. Uses the phrase "notario" or "notario publico" to advertise the services of a notary public, whether by signs, pamphlets, stationery, or other written communication or by radio or television; or
  5. Advertises the services of a notary public in a language other than English, whether by signs, pamphlets, stationery, or other written communication or by radio or television, if the person does not post or otherwise include with the advertisement a notice that complies with Subsection 
  1. The notice required by Subsection (a)(5) must state that the notary public is not an attorney and must be in English and in the language of the advertisement and in letters of a conspicuous size. If the advertisement is by radio or television, the statement may be modified, but must include substantially the same message. The notice must include the fees that a notary public may charge and the following statement:

"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."

  1. It is an exception to prosecution under this section that, at the time of the conduct charged, the person is licensed to practice law in this state and in good standing with the State Bar of Texas. 
  2. Except as provided by Subsection (e) of this section, an offense under this section is a Class A misdemeanor.
  3. An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under this section.
  4. Failure to comply with this section is, in addition to a violation of any other applicable law of this state, a deceptive trade practice actionable under Chapter 17, Business & Commerce Code.

Licensing Agency UPL Awareness

Both the Secretary of State and Attorney General seem to be aware of the issues presented by notario fraud. On the Secretary of State’s notary homepage, there is a description of how notarios differ from notaries and enumerates the things notaries are not allowed to do. Furthermore, the Secretary has a section of its website dedicated to explaining how one can file a complaint relating to UPL.

Furthermore, the AG’s office has published news releases detailing its actions against notarios in the states. A sample release featuring its opinions and injunctions against notarios can be found here.

Enforcement Mechanisms/Complaint Processes for UPL

From the Secretary of State’s page: “a violation of § 406.017 of the Government Code, concerning a notary public’s representation as an attorney, becomes a criminal offense. A first-time conviction is a Class A misdemeanor. A subsequent conviction is a felony of the third degree. In addition, notary publics are "public officers." As such, they can be charged with "official misconduct" under the Penal Code. Criminal complaints may be filed with the District or County Attorney, as appropriate. Additionally, some violations by notaries may also be handled as deceptive trade practices under the Texas Deceptive Trade Practices Act.

Complaints with the Attorney General’s office may be filed online or printed in Spanish or English here.

Reporting Ineffective Assistance of Counsel

To report ineffective assistance of counsel in Texas, watch the State Bar of Texas’ instructional video, available here and you can use their website to find Grievances and Ethics Information.

Contact Information for Relevant Agencies

Office of Attorney General:

Office of the Attorney General
Consumer Protection Division
PO Box 12548
Austin, TX 78711-2548
Hotline: (800) 621-0508

Notary Public Information:

Notary Public
P.O. Box 13375
Austin, Texas 78711-3375
Tel: (512) 463-5705
Fax: (512) 463-0873

Becoming a Notary Public

To be commissioned as a notary public in Texas, one must:

  • Be a Texas resident
  • Be at least 18 years of age
  • Have not received a final conviction for a crime involving moral turpitude or a felony.
  • Crimes involving moral turpitude includes the commission of a crime involving dishonest, fraud, deceit, misrepresentation, trustworthiness, or fitness as a notary public, which may include, but not be limited to:
    • Class A and B types misdemeanors which have not been set aside, or for which no pardon or certificate of restoration of citizenship rights have been granted, and
    • Felony convictions which have not been set aside, or for which no pardon or certificate of restoration of citizenship rights have been granted
  • Submit Form 2301 (available from the secretary of state, county clerk, or your insurance agency or surety company)
  • Proof of a $10,000 surety bond
  • Filing fee of $21

The Secretary of State also has an online search tool one may use to locate current notary commissions, which can be accessed here.