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

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Consent Type
One-party consent
Wiretap Statute
TX Penal Code §16.02
Visual Recording
TX Penal Code §21.15
Penalty
State jail felony

Summary

Texas is a one-party consent state. You may legally record a conversation if you are a party to it or have consent from one participant. Texas Penal Code §16.02 governs wiretapping. Audio recording on security cameras is legal if at least one party consents or conversations are in public areas.

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.

Source: TX Penal Code §16.02 (Wiretapping)View official code

Full Breakdown

Texas follows the one-party consent rule for audio recording under Texas Penal Code §16.02 (Unlawful Interception, Use, or Disclosure of Wire, Oral, or Electronic Communications). This means you may legally record a conversation as long as you are a party to the conversation or have the consent of at least one participant. You cannot record conversations between other people that you are not part of. For security cameras with audio capability, recording audio in public-facing areas of your property (front porch, driveway) is generally permissible because there is no reasonable expectation of privacy in these areas. Recording private conversations between others without their knowledge or the consent of at least one party is illegal. Texas Penal Code §21.15 separately governs invasive visual recording. Phone call recording is legal if you are a party to the call. Texas law does not require you to inform the other party that you are recording.

Violations & Fines

Illegal wiretapping under TX Penal Code §16.02 is a state jail felony (180 days to 2 years, fines up to $10,000). Illegally obtained recordings are generally inadmissible in court. Civil damages may also apply.

Frequently Asked Questions

Can I record a conversation in San Antonio without the other person's consent?
Yes, if you are a party to the conversation. Texas is a one-party consent state, so you can record conversations you participate in without telling the other party. You cannot record conversations between others that you are not part of.
Can my security cameras record audio in San Antonio?
Audio recording in public-facing areas of your property is generally legal since there's no reasonable expectation of privacy. Recording private conversations between others without consent from at least one party is illegal under TX Penal Code §16.02.

Sources & Official References

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