Recording a Conversation in Texas

Texas is a one party consent law state. This means if you are one of the parties to the conversation and want to record it you can. If you are not a party to the conversation you need to have consent of one of the participants to record the conversation.

This law applies to ‘in person’ or ‘electronic’ conversations. It is a 2nd degree felony to violate Texas Penal Code 16.02 Unlawful Interception, Use, or Disclosure of Wire, Oral, or Electronic Communications.

The Texas Code of Criminal Procedure defines “Oral Communications” below-

(19) “Oral communication” means a communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation. The term does not include an electronic communication.

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Author: Eric Torberson

Eric Torberson is a licensed attorney in Texas as well as licensed in the federal courts of the southern and western districts of Texas.