(a) A notary is authorized to refuse to perform a notarial act if:
- (1) the notary has reasonable grounds to believe that the signer is acting under coercion or undue influence;
- (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) the notary has concerns about the capacity of the signing party to understand the contents of the document;
- (4) the notary is not familiar with the type of notarization requested.
- (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.
- (c) 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.
- (d) A notary should refuse 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.