Opinion No.

The Attorney General responds to a request from the Texas Secretary of State about whether chapter 603 of the Texas Government Code applies to notaries public.
Notaries are subject to chapter 406, but chapter 603 imposes duties on certain officers; the Secretary asks if notaries fall within 'officer' for chapter 603 purposes.
There is no statute defining 'officer' in chapter 603; ordinary meaning and context are considered, including whether a sovereign function is conferred on notaries.
Authorities are split: some say notaries are not officers; others say they are officers, and some offer little guidance on the issue.
The U.S. Supreme Court characterized Texas notaries’ duties as clerical and ministerial, suggesting no broad discretion in public policy.
There is constitutional language and statutory provisions (e.g., oath of office) that could support treating notaries as officers for some purposes, but no Texas authority directly resolves the question for chapter 603.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a notary is an officer under chapter 603	Notaries may be officers under 603 due to oath and other indicia.	Notaries are not clearly officers; 603 does not definitively include them.	Cannot definitively determine whether notaries are officers under chapter 603.

Bernal v. Fainter, 467 U.S. 216 (U.S. 1984) (notaries’ duties are clerical and ministerial; limited discretion)
Aldine Indep. Sch. Dist. v. Standley, 280 S.W.2d 578 (Tex. 1955) (public officer vs. employee distinction hinges on sovereign function)
Stallings v. State, 252 S.W.2d 939 (Tex. Crim. App. 1952) (notaries sometimes treated as officers in passing mention)
Lawyers Sur. Corp. v. Gulf Coast Inv. Corp., 410 S.W.2d 654 (Tex. Civ. App.-Tyler 1967) (notaries referenced as officers in some contexts)
In re Hall, 286 S.W.3d 925 (Tex. 2009) (undefined statutory terms should be given ordinary meaning unless context dictates otherwise)