Texas e-signature and notarization law

Texas's electronic signature law: the Uniform Electronic Transactions Act (Tex. Bus. & Com. Code ch. 322). Electronic signatures are also valid under the federal ESIGN Act for most transactions. Some documents are excluded, such as wills, divorce and adoption documents, court orders and certain official notices.

The fuller federal list is in our guide to e-signing in the United States.

What Texas's e-signature law does not cover

Section 322.003 of the Business and Commerce Code says the chapter does not apply to a transaction governed by:

  • The rules for creating and executing a will, a codicil or a testamentary trust.
  • The Uniform Commercial Code, other than Sections 1.107 and 1.206 and Chapters 2 and 2A.
  • Under subsection (e), certain documents, including those governed by rules adopted by the supreme court, such as the rules for its electronic filing system.

Remote online notarization in Texas

Remote online notarization: allowed in Texas since July 1, 2018.

Texas commissions online notaries separately. Under Government Code chapter 406, a person may apply to the Secretary of State to be appointed and commissioned as an online notary public, and an online notary public may perform any function authorized under Section 406.016 as an online notarization.

The Secretary of State describes an online notary public as a public officer commissioned by its office with the same authority as a traditional notary, and says applicants obtain an digital certificate meeting the X.509 standard and an electronic seal from a third party company.

The online notary subchapter was added by H.B. 1217 (Acts 2017, 85th Leg., ch. 340), effective July 1, 2018.

SignAndGo doesn't notarize documents. A commissioned notary does that, using a remote notarization platform where the state allows it.

Where to read Texas's law

  • Electronic signatures: Tex. Bus. & Com. Code ch. 322, exclusions at § 322.003.
  • Online notarization: Tex. Gov't Code ch. 406, subch. C, authority at § 406.107, application at § 406.105.

Checked against Texas's published law on November 2, 2026. This is general information, not legal advice.

Frequently asked questions

Is a Texas online notary a separate commission?
Yes. A person applies to the Secretary of State to be appointed and commissioned as an online notary public.
What does a Texas online notary applicant need from a third party?
The Secretary of State says an digital certificate meeting the X.509 standard and an electronic seal from a third party company.

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