State recording law reference
Texas call recording laws
A private person has an affirmative defense when they record a call they take part in. A nonparticipant can use the defense with one party’s prior consent, subject to the unlawful-act exception.
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Texas: the rule and its scope
This reference is not legal advice. The labels describe conservative recording practices. They do not determine which law applies to your call. Confirm the current law with qualified counsel, including each participant's actual location and any industry-specific rules. A phone number's area code does not establish a person's location.
Safest practice for this reference
One-party consent, subject to the statute
Who must agree
The recording provision covers wire, oral and electronic communications. Article 18A.001 defines wire communication as a voice transfer made wholly or partly through wire, cable or similar facilities, including a switching station.
Official source: Unlawful interception, use, or disclosure of wire, oral, or electronic communications, Tex. Penal Code § 16.02(c)(4), (f); Tex. Civ. Prac. & Rem. Code § 123.004.
Exceptions and penalties
- Exceptions and limits
- The prior-consent defense in § 16.02(c)(4)(B) excludes interception for the purpose of committing an unlawful act. Section 16.02(b) also prohibits intentional disclosure or use of illegally intercepted communications under its knowledge requirements.
- Penalties and remedies
- Unlawful interception under § 16.02(b) is a second-degree felony. The civil statute provides an injunction, $10,000 per occurrence, actual damages above $10,000, punitive damages, and reasonable attorney’s fees and costs.
These are summaries of the linked sources. Read the statute for definitions, exceptions, and the full conditions that apply.
Calling between Texas and another state
For an interstate call involving Texas, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
For a person not acting under color of law, the federal statute permits interception when that person is a party to the communication or one party has given prior consent. This exception does not apply when the purpose is to commit a criminal or tortious act in violation of federal or state law. It does not settle stricter state requirements.
Federal source: 18 U.S.C. § 2511(2)(d). Compare the two states in the checker.
This reference was checked against the official 2024 U.S. Code edition. Later amendments have not been confirmed. Confirm them before relying on this reference.
A sample recording disclosure
With your permission, I would like to record this call to keep an accurate record of our conversation. Is that okay with everyone on the call?
Say this before starting the recording. Wait for an answer. If anyone declines, leave recording off. A script does not replace a review of the applicable law.
Nearby or related states
These links prioritize bordering states, then nearby states. Their consent rules, scope, exceptions, and verification status can differ.
Texas sources and review notes
- Tex. Penal Code § 16.02(c)(4), (f); Tex. Civ. Prac. & Rem. Code § 123.004
- § 123.004
- Art. 18A.001(3), (24)
Reviewed the official Texas Legislature statute text for the cited sections.
Last reviewed: . Statutes and interpretations can change. Ask qualified counsel about your call, all participant locations, and recording purpose.
Related tools and guides
Frequently asked questions
Is it legal to record a conversation in Texas?
A private person has an affirmative defense when they record a call they take part in. A nonparticipant can use the defense with one party’s prior consent, subject to the unlawful-act exception.
What is the safest recording consent practice in Texas?
One participant's consent generally meets the consent rule for a covered call. The recording provision covers wire, oral and electronic communications. Article 18A.001 defines wire communication as a voice transfer made wholly or partly through wire, cable or similar facilities, including a switching station.
Which statute covers call recording in Texas?
Unlawful interception, use, or disclosure of wire, oral, or electronic communications, Tex. Penal Code § 16.02(c)(4), (f); Tex. Civ. Prac. & Rem. Code § 123.004.
What if a Texas call crosses state lines?
For an interstate call involving Texas, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
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