1. (a) The secretary of state shall commission each applicant if:

   1. (1) the application is properly completed and executed;
   2. (2) the applicant is a resident of the United States and of Texas, and is at least 18 years of age;
   3. (3) the applicant is eligible and no good cause is known for rejection of the application as provided by law and hereafter by §87.41 of this title (relating to Rejection of Application and Revocation of Commission);
   4. (4) the fees specified in the Texas Government Code, §406.007, are submitted with the application form; and
   5. (5) If a renewal, the form is received by the secretary of state no later than the expiration date of the term for which the notary public is presently serving.
2. (b) The secretary of state shall not commission an applicant if he or she has had a prior application rejected or a commission revoked for a finding of ineligibility or good cause which still continues.
3. (c) If any application is received that is not properly completed and executed, the qualification of that particular applicant will be delayed. The secretary of state shall notify the applicant by means of a rejection notice stating why the commission was not issued, and the steps which should be taken to correct the errors or omissions. The applicant will have 30 days from the date of the notice to respond; otherwise, the application will be considered abandoned and all fees deposited forfeited.
4. (d) When an applicant states that he or she has been convicted of either a felony or a crime involving moral turpitude, or for the violation of any law concerning the regulation of the conduct of notaries public, the secretary of state may request such additional facts or supporting documentation as may be deemed necessary for fair consideration of the application. Once a request for additional facts or supporting documentation is made, the applicant shall have 30 days from the date of the request to respond; otherwise, the application will be considered abandoned and all fees deposited forfeited.

Source Note:The provisions of this §87.4 adopted to be effective March 28, 1980, 5 TexReg 968; amended to be effective October 25, 1984, 9 TexReg 5269; amended to be effective October 7, 1992, 17 TexReg 6547; amended to be effective February 27, 1996, 21 TexReg 1269.