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Recording Laws

This legal research guide provides information about surveillance and recording laws, including electronic monitoring in the workplace and consent requirements for recording conversations.

Audio Recording

Audio Recording

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."

Courts have generally held that there may not be a reasonable expectation of privacy out in public, but the legality of a specific recording will depend on the circumstances. An attorney can advise you on the recording laws and how they may affect a recording you plan to make.

Below you will find links to Texas and federal laws related to audio recordings. If you find these statutes difficult to understand, please see the Understanding the Law resources below for a "plain English" explanation of these laws.

Texas Law

Federal Law

Understanding the Law