El Paso, TX Privacy & Surveillance: Recording & Consent Laws (2026)
Key Facts
- Consent Type
- One-party consent
- Phone Calls
- One-party consent
- Video Only
- Generally unrestricted in public
- State Law
- TX Penal Code §16.02
- Penalty
- State jail felony
Summary
Texas is a one-party consent state for recording conversations. Under Texas Penal Code §16.02, only one party to a conversation must consent to recording. This applies to both in-person conversations and phone calls. Video recording without audio in public areas is generally unrestricted.
UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS. ... It is an affirmative defense to prosecution under Subsection (a) that: ... (4) a person not acting under color of law intercepts a wire, oral, or electronic communication, if: (A) the person is a party to the communication; or (B) one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing an unlawful act.
Full Breakdown
02 establishes the one-party consent standard: a person may record a conversation if they are a party to it or have consent from at least one participant. This applies to both audio and video recording that captures conversations. Recording phone calls follows the same one-party consent rule, if you are on the call, you may record it without informing the other party. Video recording without audio in public spaces, front yards, streets, and other areas without a reasonable expectation of privacy is broadly permitted. 02(c) makes unauthorized interception a state jail felony (180 days to 2 years, fine up to $10,000).
15 (invasive visual recording). Employers may record in workplaces with notice but not in restrooms or changing areas. Doorbell cameras (Ring, Nest) that capture audio follow one-party consent rules for conversations the homeowner is party to.
Violations & Fines
Unauthorized interception: state jail felony, 180 days to 2 years, fine up to $10,000. Invasive visual recording: state jail felony under TX Penal Code §21.15.
Frequently Asked Questions
Can I record a conversation without telling the other person in Texas?
Is it legal to record video of my neighbor's house in El Paso?
Sources & Official References
Other rules in El Paso
Texas rules heatmap·Compare El Paso to another location·View the Texas privacy & surveillance overview
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