In Texas, can I record a phone call without others knowing? Here’s what the law says

Texas is considered a “one-party consent” state, a wiretapping law that makes it a crime in Texas to intercept or record any wire, oral or electronic communication unless one party to the conversation consents.

But what exactly does that mean about recording audio conversation in-person or on the phone?

Unless at least one of the parties to a conversation consents, both Texas and federal wiretapping laws make it a crime to record an audio conversation, either in person or over the phone, if the parties involved have a “reasonable expectation of privacy.”

There may not be a reasonable expectation of privacy out in public, courts have generally held.

What Texas law says about recording phone conversations?

Section 16.02 of the Texas Penal Code is the state law governing the unlawful use, interception or disclosure of a wire, oral or electronic communication.

It states that it is not unlawful for an individual who is a party to or has consent from a party of an in-person or electronic communication to record and or disclose the content of the communication, unless the person is doing so for the purpose of committing a tortious or criminal act. An individual may also disclose the content of any electronic communication that is readily accessible to the general public.

What can you legally record in Texas?

In Texas, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. However, if you intend to record conversations involving people located in more than one state, you should get the consent of all parties to be safe, says the Digital Media Law Project.

The law does not cover oral communications when the speakers do not have an “expectation that such communication is not subject to interception under circumstances justifying such expectation,” per Texas Crim. Proc. Code § 18.20. That means you may be able to record in-person conversations in a public place like a street or a restaurant without consent.

In addition to subjecting you to criminal prosecution, violating the wiretapping law can expose you to a civil lawsuit for damages by an injured party, according to Texas Civ. Prac. & Rem. Code § 123.002.

The legality of a specific recording will depend on the circumstances. An attorney can advise you on the recording laws and how they may affect a recording you plan to make, says the Texas State Law Library.