Legal FAQs
Can I legally tape a phone conversation?
Texas is what's known as a "one-party state." This means that at least one person or "party" on the phone call must consent to the recording.
In general, Texas law allows you to record a phone call that you are a party to. Unless you are recording to commit "an unlawful act,” you can also record a call if one party to the call has given their consent. Please see Section 16.02 of the Texas Penal Code for more details.
The Reporter’s Recording Guide from the Reporter’s Committee for Freedom of the Press has a good explanation of recording laws in Texas. For more information, please see our guide to recording laws.
The law can be complex, so you may wish to talk to an attorney before taking any action. For more information on how to speak with an attorney, please see the library's Legal Help page.
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Disclaimer: The State Law Library cannot tell you what a law means for your situation. Please contact an attorney for help determining what the law means for you. If you have questions or need help finding resources, please ask a librarian.
Last updated November 9, 2023