1. (a) The secretary of state shall commission a qualified applicant. An applicant is qualified if:

   1. (1) the applicant meets the eligibility requirements stated in §87.2 of this title (relating to Eligibility to Hold the Office of Notary Public);

   2. (2) the applicant submits:

      1. (A) a properly completed and executed application;
      2. (B) the bond as provided in §406.010, Government Code, if required;
      3. (C) the statement of officer and oath of office required by article XVI, §1 Texas Constitution;
      4. (D) payment to the secretary of state of fees required by §406.007, Government Code; and
   3. (3) no good cause exists for rejecting the application.
2. (b) The secretary of state shall not commission an applicant if the applicant had a prior application rejected or a commission revoked for a finding of ineligibility or good cause and the reason for ineligibility or grounds for good cause continues to exist.
3. (c) When all conditions for qualification have been met, the application shall be approved, stamped "qualified" with the date of qualification, and filed. The secretary of state shall cause a commission to be issued and sent to each notary public who has qualified. A commission is effective as of the date of qualification.
4. (d) If an application is not properly completed and executed, the qualification of the applicant will be delayed. The secretary of state shall notify the applicant in writing stating the reason or reasons why the commission was not issued, and the steps which must be taken to correct the errors or omissions. The applicant shall have 30 days from the date of the notice to respond; otherwise, the application will be considered abandoned and all fees deposited forfeited.

Source Note:The provisions of this §87.3 adopted to be effective January 1, 2010, 34 TexReg 9395.