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TITLE 1 - ADMINISTRATION
PART 4 - OFFICE OF THE SECRETARY OF STATE
CHAPTER 87 - NOTARY PUBLIC
SUBCHAPTER E - NOTARY PROCEDURES
SECTION/RULE §87.42 - Refusal of Requests for Notarial Services
Chapter Review Date 05/17/2012

(a) A notary public is authorized to refuse to perform a notarial act if:(1) the notary public has reasonable grounds to believe that the principal is acting under coercion or undue influence;(2) the notary public has reasonable grounds to believe that the document in connection with which the notarial act is requested may be used for an unlawful or improper purpose;(3) the notary public has reasonable grounds to believe the signing party does not have the capacity to understand the contents of the document; or(4) the notary public is not familiar with the type of notarization requested.(b) A notary public who is employed by a governmental body shall not perform notarial services that interfere with the notary's discharge of the notary's duties as a public employee.(c) An employer may limit or prohibit an employee who is a notary public from notarizing during work hours.(d) A notary public may not refuse a request for notarial services on the basis of the sex, age, religion, race, ethnicity or national origin of the requesting party.(e) A notary public should refuse a request for notarial services only after careful deliberation.

Source Note: The provisions of this §87.42 adopted to be effective August 19, 2018, 43 TexReg 5355.

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