Introduction

A Texas notary public is, in the true sense of the word, "a public servant" and "an officer of the State of Texas" conveniently located in the community so that the notary may be of service to the public. Each notary public takes an official oath of office to faithfully perform the duties of the office, and to ensure such performance, a notary public is required to post a $10,000.00 bond with the Secretary of State. 

The Schertz Public Library provides notary public services to all at a rate determined by the City’s fee schedule established during the annual budget process. At no time will the fee exceed what is allowed by Texas law.  

Library notaries follow State of Texas requirements and the guidelines from the American Association of Notaries, and will decline to provide notary services in situations that do not comply with the Library’s Notary Public Policy as outlined below. 

Policy 

  • A notary public is a public servant with statewide jurisdiction who is authorized to take acknowledgments, protest instruments permitted by law to be protested (primarily negotiable instruments and bills and notes), administer oaths, and certify copies of documents not recordable in the public records. A notary public is not a notario or notario público.
  • A notary public is a witness to an individual signing a document or sworn statement and nothing more. Notaries are not attorneys and are not permitted to prepare, draft, select or give advice concerning legal documents.
  • A notary public cannot determine the type of notarial certificate needed. Documents not containing notary language, or a notary certificate cannot be notarized.
  • Documents presented for notarization must be complete (i.e., no blank spaces), ready for signature and include a notarial certificate of acknowledgment. The document or form to be notarized must clearly show where the notary should sign and add the notarial seal, as well as explain what the notary is acknowledging. The notary will need to see the entire document to notarize any section of it.
  • The notary will attest only to documents signed in the notary’s presence. If there is more than one party signing a document, all parties must be present at the same time for the notarization to take place. No pre-signed documents will be notarized.
  • Customers must provide their own witnesses. Witnesses will NOT be provided by the Library nor may witnesses be obtained from people using the Library. Witnesses must have personal knowledge of the individual requiring the notarization and witnesses must provide appropriate and valid photo identification.
  • Only documents in English can be notarized. Any documents in a language other than English must be accompanied by an English translation. The translation is the document that will be notarized. Library notaries will not translate documents.
  • A notary and the person seeking notarization must be able to communicate with each other. If a translator is needed, the translator must be impartial and not directly involved in or benefit from the transaction. The notary will note the translator’s presence in their record book and have the translator sign the entry.
  • Notaries will not provide service if the requestor, document, or circumstance of the request for notary services raises an issue of authenticity, ambiguity, doubt, or uncertainty for the library. In this event, the notary may, at the notary’s sole discretion, decline to provide notary public service.

Guidelines 

  1. All individuals seeking notarization, as well as any witnesses, must provide the notary with a current, valid, unexpired photo identification issued by a state or federal government agency that includes photo and signature. Acceptable forms of identification include:
  2. Valid Driver’s License or ID card issued by any US state or territory
  3. US military identification card
  4. US passport issued by the US Department of State
  5. US work visa or student visa
  6. Tribal identification card
  7. Permanent resident documentation (green card)
  8. State-issued gun license
  9. Foreign-issued passports with specific US Department of State documentation

Because the identification requirements for notary service are very specific, not all forms of identification are acceptable including, but not limited to, social security cards, birth certificates, and credit/bank cards. Library notaries do not accept credible witnesses as a form of identification, nor do they accept identification cards from countries other than the United States. 

  1. The Library has multiple notaries on staff. While every effort is made to have a notary available during service hours, the Library cannot guarantee that a notary will be available during all hours the Library is open to the public. Position vacancies, employees’ absences, work schedules, or other circumstances, both planned and unplanned, may affect the availability of a notary. Persons needing notary services should call ahead to ascertain the availability of a notary.
  2. Notary services are provided on a first-come, first-served basis.
  3. The library does not provide free copies of documents requiring notarization. If multiple copies of the notarized documents are needed, then multiple originals must be brought for notarization. If the requestor needs to make additional copies after the notarization has been completed, library printing fees will apply.
  4. Notary service is not available for:
  5. Documents in any language other than English.
  6. Certification of online documents or online notarization.
  7. Deeds, property, mortgages, real estate closing documents or any other documents of real property conveyance—such documents require a mortgage notary or loan signing agent.
  8. Notarization, certification, or verification of publicly recorded documents or photocopies/copies of public record documents including birth certificates, death certificates, and marriage licenses/certificates, passports, visas, diplomas, etc.
  9. Certification of verbal oaths, affirmations, or depositions.
  10. I-9 Form (Employment Eligibility Verification)

Disclaimer

The City of Schertz, Schertz Public Library, library staff, and notary assume no responsibility for transactions or events related to notarized documents.

Policy created May 2025 

Endorsed by the Library Advisory Board June 2, 2025