What ID Does a Texas Notary Accept? (+ No-ID Options)

Texas Notary ID Requirements & Credible Witnesses

Short answer

A Texas notary can identify you in one of three ways: they know you personally, you show a current government ID with your photo and signature, or a credible witness swears to who you are. That list comes from Texas Civil Practice and Remedies Code §121.005. If you have no ID, the credible witness route is usually the one to plan for.

The details matter, because a notary who can't identify you can't take your acknowledgment. Below is what the law says, what it doesn't, and what to arrange before the notary arrives.

IDs a Texas notary can accept

For an acknowledgment, §121.005(a) lets the notary accept:

• A current ID card or other document issued by the federal government or any state government that has your photograph and your signature. A Texas driver license, a Texas ID card or a U.S. passport usually fits this description. An ID issued by another U.S. state counts too, because the statute says "any state government".
• A current passport issued by a foreign country, but only for a deed or other instrument relating to a residential real estate transaction.

Three words in that list do most of the work:

• Current. The statute says "current", so an expired card doesn't meet the wording. If your ID has lapsed, ask the notary before the appointment rather than on the doorstep.
• Government. The Texas Secretary of State tells notaries not to rely only on a credit card. If the signer isn't personally known or identified by a credible witness, the notary must use a government-issued ID card or a U.S. passport (SOS notary educational information, "Questions Frequently Asked").
• Photo and signature. Both have to be on the document. If your card is missing one of them, ask the notary before the appointment whether they can accept it.

What the law doesn't spell out: Texas law has no list of specific card types, and it doesn't say how to handle a foreign passport outside a residential real estate deal, a consular ID or a name that differs from the document. In all of those cases, ask the notary before the appointment. If the name on your ID doesn't match the name on the document, send the notary a photo of both in advance so they can tell you whether it will work.

Your ID number stays private. Texas notaries keep a record book of each notarization (Gov't Code §406.014), and the Secretary of State notes that 1 TAC §87.40 bars notaries from writing the ID number from your card or passport in that book (SOS educational information). The notary may record the expiration date (§406.014(f)).

Personal knowledge

The first option in §121.005(a) is that the notary simply knows you. When they rely on that, the certificate of acknowledgment notes that the notary personally knows you (§121.005(b)), and the record book notes it too (§406.014(a)(5)).

The statute doesn't define how well the notary has to know you. In practice this means a notary you met for the first time today will ask for ID or a witness. If you're counting on personal knowledge, confirm it with the notary before the appointment.

Credible witness: who qualifies and what they swear

If you can't show a qualifying ID, §121.005(a)(1) lets the notary rely on the oath of a credible witness who either:

• is personally known to the notary, or
• shows the notary a current ID card or other document issued by the federal government or any state government with the witness's own photograph and signature.

What they swear. The witness takes an oath before the notary, and under the statute that oath is the evidence of your identity. In plain terms, the witness swears that you are the person you say you are. The notary records the witness's name and mailing address in the record book (§406.014(a)(5)), and the certificate notes that a witness was used (§121.005(b)).

Who makes a good witness. Texas law doesn't list who may or may not serve. The notary has to be satisfied, so pick someone who actually knows you and can prove their own identity with a current photo ID. If the person is named in the document or benefits from it, ask the notary before the appointment whether they'll accept them.

Practical tips:

• The witness has to be there in person at the appointment, with their ID.
• Tell the notary when you book that you'll be using a credible witness, so they can plan for it.
• Bring the witness's full mailing address. It goes in the notary's record book.

Signer has no ID (jail, hospital, nursing home)

This comes up a lot with urgent signings. The rules don't change for the location. The notary still needs personal knowledge, a qualifying ID or a credible witness (§121.005).

• Hospital or nursing home. Wallets and IDs often stay at home. Before booking, check whether a family member can bring the signer's current ID. If not, line up a credible witness with their own current photo ID.
• Jail. IDs are often held with the person's property. Ask the facility how property, visits and document signing work there, then share those answers with the notary. A credible witness who can attend in person is the fallback.
• Signer can't physically sign. Texas has a specific procedure: a notary may sign the person's name at their direction, in the presence of a witness with no interest in the property the document affects. The notary identifies that witness the same way as an acknowledging person under §121.005 (Gov't Code §406.0165).
• The signer has to appear. A notary commits an offense by notarizing for someone who didn't personally appear. For an in-person notarization, that means being physically there so the notary and the signer can see, hear, communicate with and show ID to each other (§406.0091). The Secretary of State also says a notary can't take an acknowledgment over the telephone (SOS FAQ).

When you post a free request, mention the facility, the ID situation and whether you have a witness. A notary who responds can tell you up front whether the plan will work.

Acknowledgment vs jurat: what changes

Acknowledgment. You declare to the notary that you signed the document. The fee statute describes it as the acknowledgment "of a deed or other instrument in writing" (SOS notarial definitions; §406.024). The ID rules in §121.005 are written specifically for acknowledgments. The fee is up to $10 for the first signature and $1 for each additional signature (Gov't Code §406.024).

Jurat (oath or affirmation). You swear or affirm that the contents of the document are true, as with an affidavit. The jurat is the notary's certificate saying when, where and before whom that happened (SOS definitions). Notaries have authority to administer oaths (§406.016), and the fee is up to $10 (§406.024).

What changes for ID. Chapter 121 doesn't set a separate ID list for jurats. The record book still has to show how each signer was identified (§406.014(a)(5)), so bring the same ID or witness either way. If you're unsure which one your document needs, ask whoever gave you the document. A notary who isn't an attorney can't choose the certificate for you (SOS FAQ).

Online notarization is different. A Texas online notary verifies identity by personal knowledge, or by remote presentation of a government photo ID plus credential analysis and identity proofing (§406.110). See our Texas remote online notary guide for how that works.

Checklist before your appointment

• Your ID is current and shows your photo and signature.
• The name on the ID matches the name on the document. If it doesn't, you've asked the notary in advance.
• No ID? A credible witness is coming, with their own current photo ID and mailing address.
• You know whether the document needs an acknowledgment or a jurat. Ask whoever sent you the document.
• The document is complete, with all pages, and you haven't signed it yet if it calls for signing in front of the notary.
• For a hospital, jail or nursing home, you've checked the facility's visiting and property rules.
• You've agreed any travel fee with the notary in advance. Texas law caps the notarial act fees (§406.024), but mobile notaries set their own travel fees.

Signing a power of attorney? Our power of attorney notarization guide walks through a real hospital signing.

FAQ

Can a Texas notary accept an expired driver license?

The statute requires a current ID (§121.005). If your ID has expired, ask the notary before the appointment, and plan on a credible witness as a backup.

Can I use a foreign passport?

§121.005(a)(3) allows a current foreign passport for a deed or other instrument relating to a residential real estate transaction. For other documents the statute lists federal or state government IDs, so ask the notary before the appointment.

Can a family member be my credible witness?

Texas law doesn't list who can serve. The witness must be personally known to the notary or show their own current government photo ID (§121.005). If the relative is named in the document or benefits from it, ask the notary before the appointment.

Will the notary write down my ID number?

No. The Secretary of State says 1 TAC §87.40 bars notaries from recording your ID or passport number in their record book (SOS educational information). They may record the expiration date (§406.014(f)).

Can the notary identify me over the phone or a video call?

Not for a traditional notarization. You have to personally appear (§406.0091; SOS FAQ). A commissioned online notary can use video under the separate online rules (§406.110).

What does it cost?

The notarial fee caps are $10 for the first signature and $1 for each additional one on an acknowledgment, and $10 for an oath or affirmation (§406.024). Travel fees aren't set by Texas law, so agree them with the notary in advance.

Need a notary who can work with your ID situation? Post a free request with the location, the document type and whether you have ID or a witness. Local notaries respond, and nothing is booked until you both agree. Browse notaries in Houston, Dallas, San Antonio, Austin and Fort Worth.

Sources (last checked 2026-10-20)

1. Texas Civil Practice and Remedies Code, Chapter 121 (Acknowledgments and Proofs of Written Instruments), especially §121.005: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.121.htm
2. Texas Government Code, Chapter 406 (Notary Public), §§406.014, 406.016, 406.0091, 406.0165, 406.024, 406.110: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.406.htm
3. Texas Secretary of State, Notary Public: https://www.sos.texas.gov/statdoc/notary-public.shtml
4. Texas Secretary of State, Notary Public Educational Information (fees, FAQs, prohibited acts, definitions): https://www.sos.texas.gov/statdoc/edinfo.shtml

This guide explains Texas notary ID rules in plain language. It isn't legal advice. For advice about your specific document, talk to a Texas attorney.