Can I legally record a phone call or conversation in Texas?

Texas allows recording with one-party consent, but penalties for unauthorized interception are severe.

1. Consent Rule

Tex. Penal Code § 16.02 prohibits intentional interception of wire, oral, or electronic communications. The statute contains an exception (§ 16.02(c)(4)) when the person recording is a party to the call or has consent from a party — making Texas a one-party consent state.

2. Federal Overlay

Federal Wiretap Act 18 U.S.C. § 2511 also requires only one-party consent, so federal and Texas law align.

3. In-Person vs Electronic

"Oral communication" under Tex. Code Crim. Proc. art. 18A.001 requires a reasonable expectation of privacy. Phone calls (wire/electronic) are covered regardless of expectation. A face-to-face talk in a public place may fall outside the statute entirely.

4. Cross-Border Calls

If the other party is in an all-party state like California or Florida, courts often apply the stricter state's law. A Texan recording a Californian without disclosure can face California civil claims even though the conduct is legal in Texas.

5. Criminal Penalties

Unauthorized interception is a second-degree felony: 2-20 years in state prison and up to $10,000. Disclosure or use of an illegally recorded conversation is also a felony.

6. Civil Liability

Tex. Civ. Prac. & Rem. Code § 123.002-.004 provides a private right of action for the greater of $10,000 per occurrence or actual damages, plus punitive damages and reasonable attorney fees. Federal § 2520 adds parallel relief.

7. Exceptions

Law enforcement with court order under Code Crim. Proc. ch. 18A; party consent; telephone-extension business use; switchboard operator providing services; FCC-authorized monitoring.

8. Video / Surveillance

Separate "invasive visual recording" statute — Tex. Penal Code § 21.15 — makes photographing private areas without consent a state-jail felony.

This is legal information, not legal advice.