Under Review

Note Many new Texas laws took effect on September 1st, 2025. We are working on reviewing this page and making updates if needed. However, information may be out of date until our review is complete. For help locating current laws, ask a librarian.

Texas & Federal Laws

Below you will find references to areas of the Texas statutes and federal law that govern recording and issues related to recording. If you find these statutes difficult to understand, you may want to look at the "Understanding the Law" resources on this page or speak to an attorney.

Texas Laws

Section 16.02 of the Texas Penal Code
State law that governs unlawful use, interception, or disclosure of a wire, oral, or electronic communication. Please see this statute for information about recording telephone calls.
Section 21.15 of the Texas Penal Code
State law that outlines the criminal offense of invasive visual recording.
Texas Transportation Code, Chapter 707
State law that enables the photographic traffic signal enforcement system by authorizing local governments to create ordinances.
Texas Government Code, Chapter 423
State law that governs when it is lawful to capture an image using an unmanned aircraft. Also known as the Texas Privacy Act.
Texas Health and Safety Code, Chapter 242, Subchapter R
State law governing when authorized electronic monitoring may be requested at a convalescent facility, nursing facility or related institution and who must consent to the recording.
Section 29.022 of the Texas Education Code
State law requiring districts to conduct video and audio surveillance of certain special education classrooms or settings upon request.

Federal Laws

18 U.S. Code Chapter 119
Federal law about the interception of oral, electronic, and wire communications.
Code of Federal Regulations, Title 14, Part 107
Federal regulations created by the Federal Aviation Administration for the operation of small unmanned aircraft systems.

Understanding the Law

Surveillance and Privacy Law
A 2016 presentation by a private attorney on both state and federal laws relating to surveillance and privacy.
Texas Wiretap Law - Texas Penal Code § 16.02
This article from a private attorney discusses the laws for recording phone calls and in-person conversations.
Texas Recording Law
The Digital Media Law Project offers information and a brief interpretation of the Texas recording laws.
Reporter's Recording Guide: Texas
Intended for reporters, the Reporter's Committee For Freedom of the Press's guide to taping gives a good overview of recording laws in Texas.

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This guide is also available in print in the library's collection.
Texas Right of Publicity Law
The Digital Media Law Project also offers information on laws regarding the unauthorized uses of a person's name or likeness for commercial purposes. The Digital Media Law Project was a project run by the Berkman Klein Center for Internet & Society from 2007 to 2014. Due to popular demand, they are keeping the guides up but they are no longer being updated. Please check any information on this site for accuracy and completeness.

Books & E-Books

These titles contain information on recording laws.

E-Books

Reporter's recording guide : a state-by-state guide to taping phone calls and in-person conversations

Books

Photographer's guide to privacy : what every cameraman, photographer and videographer should know about invasion of privacy standards in the 50 states and D.C [print book]

Note The library cannot tell you what the law means for your situation.

Texas State
Law Library

Recording Laws