Tex. Gov't Code Ann. § 406.004 requires that if the secretary of state discovers, at any time, that an applicant to be a notary public or a commissioned notary public is not eligible to serve as a notary public, the secretary of state shall:
- reject the application; or
- revoke the commission.
Tex. Gov't. Code Ann. § 406.009 gives the Secretary of State the authority to reject an application, or suspend or revoke the commission of any Notary Public for "good cause".
- The secretary of state may, for good cause, reject an application or suspend or revoke the commission of a notary public.
- An action by the secretary of state under this section is subject to the rights of notice, hearing, adjudication, and appeal.
- An appeal under this section is to the district court of Travis County. The secretary of state has the burden of proof, and the trial is conducted de novo.
- in this section, "good cause" includes:
- a false statement knowingly made in an application;
- the failure to comply with Section 406.017;
- a final conviction for a violation of law concerning the regulation of the conduct of notaries public in this or another state;
- the imposition on the notary public of an administrative, criminal, or civil penalty for a violation of a law or rule prescribing the duties of a notary public;
- performing any notarization when the person for whom the notarization is performed did not personally appear before the notary at the time he notarization is executed.
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