Texas is a one-party consent state under Texas Penal Code §16.02. You may legally record a conversation if you are a party to it. Recording conversations you are not a party to without any party's consent is a felony. Video recording in public places is generally unrestricted.
Under Texas Penal Code §16.02, it is illegal to intercept, record, or disclose wire, oral, or electronic communications unless at least one party to the communication consents. As a one-party consent state, Texas allows you to record your own conversations without telling the other party. This includes phone calls, in-person conversations, and video calls. However, recording a conversation between other people to which you are not a party is a criminal offense. The law provides exceptions for law enforcement with proper warrants. Video recording in public places where there is no reasonable expectation of privacy is legal. Recording in private businesses is subject to the property owner's rules. Texas does not have a comprehensive data privacy law equivalent to California's CCPA, though the Texas Identity Theft Enforcement and Protection Act provides some data protections. Body cameras and dashcams are legal in Texas.
Unlawful interception: state jail felony (180 days to 2 years imprisonment, up to $10,000 fine). Disclosure of illegally intercepted communications: separate offense. Civil damages also available.
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Side-by-side rule comparisons with other cities in Harris County.
See how Tomball's recording & consent laws rules stack up against other locations.
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