Garland, TX Privacy & Surveillance: Recording & Consent Laws (2026)
Key Facts
- Consent Rule
- One-party
- State Section
- Penal Code 16.02
- City Rule
- None
- Civil Remedy
- CPRC Ch. 123
Summary
Texas is a one-party consent state: you can record a conversation you are part of. Recording others without consent may violate Penal Code Sec. 16.02.
Sec. 16.02. UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS. (b) A person commits an offense if the person: (1) intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication... (c) It is an affirmative defense to prosecution under Subsection (b) 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
Garland has no local recording ordinance; audio recording is governed by state law. Under Texas Penal Code Section 16.02, it is lawful to record or intercept a communication if at least one party to the communication consents. Recording conversations you are not part of (such as using a hidden mic to capture others' private conversations) is a felony. Video recording without audio is permitted in public spaces and areas visible from outside without consent, subject to the invasive visual recording limits of Tex. Penal Code 21.15.
Violations & Fines
Unlawful interception under Sec. 16.02 is a second-degree felony. Civil damages are also available under Texas Civil Practice and Remedies Code Chapter 123.
Frequently Asked Questions
Can I record a conversation I'm in?
Can I record my neighbors talking in their yard?
Sources & Official References
Other rules in Garland
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