Welcome to the website of the Digital Media Law Project. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. Due to popular demand the Berkman Klein Center is keeping the website online, but please note that the website and its contents are no longer being updated. Please check any information you find here for accuracy and completeness. Show
Note: This page covers information specific to Texas. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide. Texas's wiretapping law is
a "one-party consent" law. Texas makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents. Texas Penal Code § 16.02. Therefore, if you operate 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. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties. 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." See Texas Crim. Proc. Code § 18.20. Therefore, you may be able to record in-person conversations occurring in a public place, such as 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.
Texas Civ. Prac. & Rem. Code § 123.002. Consult the Reporters Committee for Freedom of the Press's Can We Tape?: Texas for more information on Texas wiretapping law. Texas Law on Recording Court Hearings and Public MeetingsCourt Hearings Texas law permits sound and video recording of state appellate proceedings, if you submit a request five days before the proceeding. These requests are subject to limitations imposed by the presiding judge. In state trial courts, use of sound and video recording devices is permitted with the consent of the trial judge, the parties, and each witness to be recorded. Additionally, a number of local rules imposing additional or different limitations apply in particular courts. Federal courts in Texas, at both the trial and appellate level, prohibit recording devices and cameras in the courtroom. For information on your right of access to court proceedings, please consult the Access to Government Information section of this guide. Public Meetings Sound and video recording devices may be used at public meetings (i.e., meetings of a governmental body required to be open to the public by law) in Texas, although the agency or other governmental body holding the meeting may impose "reasonable rules to maintain order at a meeting." Texas Gov't Code § 551.023(b). For information on your right of access to public meetings, please consult the Access to Government Information section of the guide and the Reporters Committee for Freedom of the Press's Open Government Guide: Texas. Jurisdiction:
Subject Area:
With privacy seemingly harder to come by as compared with days long past—what does Texas law say about recording conversations? Is it illegal to record a phone conversation with another person? What about in person? The short answer is: YES, you can record a conversation with another person without that person’s consent. But this answer requires more explanation. Recording Phone Calls in Texas | Texas is a One-Party Consent StateUnder Texas Law, it is a crime intercept or record any wire, oral or electronic communication without the consent of at least one party. The good news is that you count as one party and if you’re recording then you have probably given yourself consent to record the conversation. Generally speaking, state wiretapping laws turn on whether the state is a one-party consent state. While some states require the consent of all of the parties to a conversation prior to recording, Texas permits the recording of telephone calls, so long as the consent of one of the parties is obtained. As stated, if you are one of the parties on the phone call, then you may consent to having your own conversation recorded—you need not alert the other party. Additionally, a parent may give vicarious consent to the recording of a child’s conversation if the parent has a good faith objectively reasonable belief that the recording is necessary for the welfare of the child. However, if during a phone call there are multiple parties who are in different states, then be aware that other state laws may require pre-recording consent of all of the parties. In this scenario, if the recording party obtains consent from the other parties before the recording begins, then the recorder is not in violation of wiretapping laws. See this link to learn more about the various state wiretapping laws. Recording In-Person Conversations in Texas | Can I Record Someone Else’s Public Conversation?Texas law (Penal Code §16.02) does not permit you to record in-person communications when the parties have an expectation that such communication is not subject to interception (i.e. If there is a reasonable expectation of privacy). If you wish to record a conversation to which you are not a party, all of the parties must give consent before the recording device is turned on or there must be no reasonable expectation of privacy (e.g. If the recording is taken from your doorbell camera and the parties are standing on you doorstep). If you are a party to the conversation, record away. Further, you are able to record in-person communication at a public place, like a mall food court or at a football game for example, where parties do not have the expectation of privacy. Remember—if you say it in a public place, within earshot of others who may overhear, you do not have an expectation of privacy in those statements. Generally, such statements may be recorded without violating that state’s wiretapping laws. A Word of Caution of Recording Conversations in TexasPlease be aware that there are both federal and state wiretapping laws that may limit your ability to making recordings of telephone calls or in person conversations. This article addresses state wiretapping laws in Texas only. Additionally, if a person has violated a state or federal wiretapping statute, he may be both charged criminally and be sued civilly by the damaged party. Further, while a person may have successfully recorded a conversation under state and federal wiretapping laws, the act of disclosing the recording to other third parties could be, in and of itself, punishable criminally or civilly under other legal theories (such as slander, for example). If you are faced with a wiretapping charge, or have questions about wiretapping, please contact an attorney who will address both the state and federal regulations as they are related to the facts of your specific case. Wiretapping charges are potentially serious felonies that could land a person in jail or prison, with fines ranging from $200 to $10,000. If you are faced with charges related to wiretapping in Texas, please contact our offices at (817) 993-9249 for a consultation. Summary on Texas Wiretapping
This article is for educational purposes only and should never be substituted for legal advice. Can I use a voice recording as evidence in family court Texas?Potentially, yes — but the court would have to give permission. A court is unlikely to give permission unless it is clear that the recording is both relevant and reliable.
Is a recorded conversation admissible in court in Texas?Texas is considered a "one-party consent" state. This means that 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 have a "reasonable expectation of privacy".
How do I admit audio recording into evidence in Texas?Label the Transcript With an Exhibit Sticker & Plan to Admit it. The Texas Rules of evidence allow a transcript of a recording to be entered to save the court time in reviewing this type of evidence.
Are video and audio recordings admissible in Family court?So when it comes to family proceedings, yes you are able to take recordings and admit them into evidence (as long as it is a private conversation you are a part of; it is illegal to record conversations where neither party to the conversation consents to the conversation being recorded).
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Are audio recordings admissible in family court texas
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