1. (a) A notary is authorized to refuse to perform a notarial act if:

   1. (1) the notary has reasonable grounds to believe that the signer is acting under coercion or undue influence;
   2. (2) the notary has reasonable grounds to believe that the document in connection with which the notarial act is requested may be used for an unlawful or improper purpose;
   3. (3) the notary has reasonable grounds to believe the signing party does not have the capacity to understand the contents of the document;
   4. (4) the notary is not familiar with the type of notarization requested.
2. (b) A notary who is employed by a governmental body shall not perform notarial services that interfere with the notary's discharge of the notary's duties as a public employee.
3. (c) A private employer may limit or prohibit an employee that is a notary public from notarizing during work hours.
4. (d) A notary may not refuse a request for notarial services on the basis of the sex, age, religion, race, ethnicity or national origin of the requesting party.
5. (e) A notary should refuse a request for notarial services only after careful deliberation.

Source Note:The provisions of this §87.30 adopted to be effective January 1, 2010, 34 TexReg 9395; amended to be effective February 10, 2016, 41 TexReg 957.