Can you record a phone call in Texas?
You can record a call you take part in without asking the others. In Texas, intercepting a call you are not part of, without a participant's consent, is a second-degree felony.
- Phone calls
- Texas Penal Code section 16.02 makes it a crime to intercept a call or other electronic communication. The law gives a defense if you are a party to the call, or if one party gave prior consent and the aim was not an unlawful act. The civil law (Civil Practice and Remedies Code chapter 123) also counts only interceptions without any party's consent.
- Business calls
- Texas sets no notice rule for a participant who records. The Texas Data Privacy and Security Act (since July 2024) gives consumers rights over their personal data, but small businesses as defined by the federal Small Business Administration are generally exempt. If the other person may be in an all-party state such as California or Washington, announce the recording and get consent.
- What counts as consent
- As a participant, your own consent is enough. Texas requires no beep or announcement. For a call you are not part of, one participant must consent before the call is intercepted.
- Penalties
- A second-degree felony: 2-20 years in prison and a fine up to $10,000. Victims can sue for $10,000 per occurrence, actual damages above that, punitive damages and legal fees (Civil Practice and Remedies Code 123.004).
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
Worth knowing
- In-person conversations follow the same one-party rule where the speaker expects privacy. Talk in open public places can be recorded.
- A Texas appeals court applied the rule to a cellphone recording made with a participant's consent (Wesley v. State, 2016).
- No amendment to section 16.02 was found for 2023 to 2026. One legal guide says it was last changed in 2017.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Texas Penal Code, Chapter 16 (Texas Legislature)statute
- Texas Data Privacy and Security Act (Texas Attorney General)regulator
- Tex. Penal Code 16.02, FindLaw copy current to January 2026guide
- Tex. Civ. Prac. and Rem. Code 123.004, damages (FindLaw)guide
- Reporters Committee for Freedom of the Press: Texas recording guideguide
Other states
More free tools
Questions
Is Texas a one-party consent state?
Yes. You can record a call you take part in without asking the others. In Texas, intercepting a call you are not part of, without a participant's consent, is a second-degree felony.
Can a business record calls in Texas?
Texas sets no notice rule for a participant who records. The Texas Data Privacy and Security Act (since July 2024) gives consumers rights over their personal data, but small businesses as defined by the federal Small Business Administration are generally exempt. If the other person may be in an all-party state such as California or Washington, announce the recording and get consent.
What counts as consent in Texas?
As a participant, your own consent is enough. Texas requires no beep or announcement. For a call you are not part of, one participant must consent before the call is intercepted.
What happens if you record a call illegally in Texas?
A second-degree felony: 2-20 years in prison and a fine up to $10,000. Victims can sue for $10,000 per occurrence, actual damages above that, punitive damages and legal fees (Civil Practice and Remedies Code 123.004).
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
