Is a signer’s fingerprint required for my Notary journal entries in Texas, or is it against the law to take their fingerprint? — P. S., Texas
A Texas Notary is explicitly prohibited from recording a signer’s thumbprint or fingerprint in their journal (Texas Administrative Code Section 87.50[a][3]).
Because of growing concerns in many other states about the security of sensitive consumer-identifying information, Notaries should not ask signers to provide a thumbprint or fingerprint for a journal entry unless required by state law. Currently, only one state, California, requires Notaries to obtain a signer’s thumbprint in a journal entry, and only for documents affecting real property and powers of attorney (Government Code, Section 8206).
For information about journal entry requirements in other states, please see the article and video, “A Notary's guide to completing journal entries.”
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline consultants to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 5 a.m. to 6 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.