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.

For more information visit the home page at http://erictorberson.com