Houston, TX Privacy & Surveillance: Recording & Consent Laws (2026)

Texas Penal Code Section 16.02 governs the interception of communications. Texas is a one-party consent state, meaning you can legally record any conversation you participate in without notifying other parties. Key aspects: Recording your own conversations (phone or in person) is legal without the other party's knowledge. You cannot record a conversation between others without at least one party's consent. Texas Penal Code Section 21.15 separately addresses invasive visual recording, photographing or recording in areas where there is a reasonable expectation of privacy without consent. Section 21.16 addresses revenge porn/non-consensual pornography. Federal law (18 USC 2511) provides the same one-party consent floor. Texas courts have held that there is no reasonable expectation of privacy in public places. However, recording in private settings without consent and where there is a reasonable expectation of privacy violates the wiretapping statute.