Texas call recording law
Is Texas a one-party consent state?
One-party consent
Yes. Texas is a one-party consent state. It is a defense to the wiretapping felony that the person recording was a party to the call, or that one party gave prior consent and the call was not recorded to commit an unlawful act (Tex. Penal Code § 16.02).
Last checked October 13, 2026 · 13 quoted facts from official pages
Texas at a glance
- Phone calls
- One-party consent
- Criminal penalty
- Unlawful interception under Penal Code § 16.02(b) is a felony of the second degree: 2 to 20 years' imprisonment, plus a fine of up to $10,000.
- Lawsuits
- Under Civil Practice and Remedies Code chapter 123, a party to a communication may sue a person who intercepts it without a party’s consent for statutory damages of $10,000 for each occurrence, all actual damages in excess of $10,000, punitive damages, and reasonable attorney’s fees and costs.
- Last checked
- October 13, 2026
The law
- Tex. Penal Code § 16.02 (unlawful interception, use or disclosure) (official source, opens in a new tab)
- Tex. Penal Code § 12.33 (second degree felony punishment) (official source, opens in a new tab)
- Tex. Civ. Prac. & Rem. Code ch. 123 (§§ 123.001–123.004, interception of communication) (official source, opens in a new tab)
Penalties
- Criminal
- Unlawful interception under Penal Code § 16.02(b) is a felony of the second degree: 2 to 20 years' imprisonment, plus a fine of up to $10,000.
- Civil (lawsuits)
- Under Civil Practice and Remedies Code chapter 123, a party to a communication may sue a person who intercepts it without a party’s consent for statutory damages of $10,000 for each occurrence, all actual damages in excess of $10,000, punitive damages, and reasonable attorney’s fees and costs.
What this means for a business that records calls
Being a party to the call is an affirmative defense under § 16.02, not an exception written into the definition of the crime. Communication common carriers may use service observation or random monitoring only for mechanical or service quality control checks.
Callers can be in any state. The state-by-state table compares every state's rule, and the disclosure generator writes a plain notice sentence such as “This call may be recorded.” Whether a notice is enough under Texas's law is a question for a lawyer licensed in Texas.
Recording notices on CallFlux numbers
CallFlux plays a recording notice to callers on every tracking number that records, before the call connects.
What the official sources say
Intentionally intercepting a wire, oral or electronic communication is an offense.
“A person commits an offense if the person: (1) intentionally intercepts, endeavors to intercept, or procures another person to intercept”
Source: statutes.capitol.texas.gov (official source, opens in a new tab) · read October 13, 2026
One-party consent works as an affirmative defense to prosecution.
“It is an affirmative defense to prosecution under Subsection (b) that:”
Source: statutes.capitol.texas.gov (official source, opens in a new tab) · read October 13, 2026
The defense covers a private person who is a party to the communication.
“a person not acting under color of law intercepts a wire, oral, or electronic communication, if: (A) the person is a party to the communication”
Source: statutes.capitol.texas.gov (official source, opens in a new tab) · read October 13, 2026
The defense also covers prior consent of one party, unless the purpose is an unlawful act.
“one of the parties ... has given prior consent to the interception, unless the communication is intercepted for the purpose of committing an unlawful act”
Source: statutes.capitol.texas.gov (official source, opens in a new tab) · read October 13, 2026
An offense under § 16.02(b) is a second-degree felony.
“An offense under this section is a felony of the second degree, unless the offense is committed under Subsection (d) or (g)”
Source: statutes.capitol.texas.gov (official source, opens in a new tab) · read October 13, 2026
Second-degree felony prison term: 2 to 20 years.
“for any term of not more than 20 years or less than 2 years.”
Source: statutes.capitol.texas.gov (official source, opens in a new tab) · read October 13, 2026
Second-degree felony fine: up to $10,000.
“may be punished by a fine not to exceed $10,000.”
Source: statutes.capitol.texas.gov (official source, opens in a new tab) · read October 13, 2026
Carriers may not use service observing or random monitoring beyond quality control checks.
“unless the interception results from the ... carrier's use of service observing or random monitoring for purposes other than mechanical or service quality control checks”
Source: statutes.capitol.texas.gov (official source, opens in a new tab) · read October 13, 2026
Show 5 more facts
For the civil statute, 'interception' means acquiring a communication without the consent of a party.
“the aural acquisition of the contents of a communication through the use of an interception device that is made without the consent of a party”
Source: statutes.capitol.texas.gov (official source, opens in a new tab) · read October 13, 2026
A party to a communication may sue a person who intercepts it.
“A party to a communication may sue a person who: (1) intercepts, attempts to intercept, or employs or obtains another to intercept”
Source: statutes.capitol.texas.gov (official source, opens in a new tab) · read October 13, 2026
Civil damages: $10,000 statutory damages per occurrence plus actual damages above $10,000.
“statutory damages of $10,000 for each occurrence; (3) all actual damages in excess of $10,000;”
Source: statutes.capitol.texas.gov (official source, opens in a new tab) · read October 13, 2026
Civil plaintiffs may also recover punitive damages, attorney's fees and costs.
“punitive damages in an amount determined by the court or jury; and (5) reasonable attorney's fees and costs.”
Source: statutes.capitol.texas.gov (official source, opens in a new tab) · read October 13, 2026
Carriers' civil defense is limited the same way regarding service observation.
“A communication common carrier may not use service observation or random monitoring except for mechanical or service quality control checks.”
Source: statutes.capitol.texas.gov (official source, opens in a new tab) · read October 13, 2026
Texas call recording questions
Is Texas a one-party consent state?
Yes. Texas is a one-party consent state. It is a defense to the wiretapping felony that the person recording was a party to the call, or that one party gave prior consent and the call was not recorded to commit an unlawful act (Tex. Penal Code § 16.02).
What is the penalty for recording a call illegally in Texas?
Unlawful interception under Penal Code § 16.02(b) is a felony of the second degree: 2 to 20 years' imprisonment, plus a fine of up to $10,000.
What does Texas's law say about lawsuits over recorded calls?
Under Civil Practice and Remedies Code chapter 123, a party to a communication may sue a person who intercepts it without a party’s consent for statutory damages of $10,000 for each occurrence, all actual damages in excess of $10,000, punitive damages, and reasonable attorney’s fees and costs.
What do Texas's sources say about businesses that record calls?
Being a party to the call is an affirmative defense under § 16.02, not an exception written into the definition of the crime. Communication common carriers may use service observation or random monitoring only for mechanical or service quality control checks.