Texas is a one-party consent state for recording under Texas Penal Code Section 16.02. You may record a conversation if you are a party to it or have consent from one party. Recording without any party's consent is a second-degree felony. Texas also has specific protections against invasive visual recording.
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.
Illegal wiretapping is a second-degree felony: 2-20 years imprisonment and up to $10,000 fine. Invasive visual recording (Section 21.15) is a state jail felony: 180 days to 2 years. Civil penalties can reach $10,000 per violation plus actual damages and attorney's fees.
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See how Houston's recording & consent laws rules stack up against other locations.
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