Texas Phone Recording Laws: One-Party Consent

Is Texas a one-party or two-party consent state?

Two different Texas codes give the same answer: one-party, not two-party.

The criminal code starts with a ban. Penal Code § 16.02 makes it an offense to intentionally intercept "a wire, oral, or electronic communication". Intercept is the law's word, and it covers recording. The same section then protects a private person when:

• "the person is a party to the communication"; or
• "one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing an unlawful act"

A party is a person on the call or in the conversation. Those words cover calls and in-person talks.

Recording your own call for a lawful reason is allowed. The law treats this as a defense, so it's something you'd argue if charged. If you run a business, keep a written call quality policy.

The state's top criminal court has also said that "it is not a violation of Penal Code section 16.02 to intentionally intercept an oral communication if one party consented" (Alameda v. State). In that case, it held a mother's consent for her 13-year-old daughter met the one-party exception.

The civil code lines up. Civil Practice and Remedies Code § 123.001 defines interception as acquiring a communication in a way "made without the consent of a party to the communication". So a recording with one person's okay isn't an interception under the civil law either.

A Houston roofer's quote, and a recorder left running

• Fine: You're in Dallas and you record your own call with a Houston roofer, so you have a record of the quote.
• Not fine: You leave a recorder running to catch a private talk you aren't in, and no one in the talk agreed.

Penalties for illegal recording in Texas

	What the law says
The crime	A felony under § 16.02(f)
Prison	2 to 20 years under § 12.33
Fine	Up to $10,000
Who can sue	"A party to a communication" under § 123.002
Set damages	$10,000 for each occurrence, a set amount a court can award without proof of loss
Actual damages	All actual damages above $10,000
Punitive damages	An amount the court or jury sets
Fees and orders	Reasonable attorney's fees and costs, plus an injunction

Using a recording someone else made in Texas

Don't use or share a recording you know was made illegally. A federal appeals court held the First Amendment didn't bar civil claims against a Dallas TV station that aired calls neighbors had illegally recorded (Peavy v. WFAA-TV). That isn't a typical business call, but it shows sharing such a recording can bring a suit.

Can a business record your call in Texas?

Yes. A Texas company on the line is a party, and the party rule covers it. We didn't find a Texas rule that requires notice.

If you run a business: Announce the recording at the start of the call, because the law where the other person is may require consent. "This call may be recorded" isn't what makes your recording lawful here. Say "we record" instead, because it's a clearer warning. Ask for an okay. Don't rely on silence.

If you're the customer: Federal law can treat staying on the line after a warning as consent if you knowingly agreed. A federal appeals court reached that result for someone warned many times (Griggs-Ryan v. Smith).

What if the other person is in another state?

California shows how this can go. In Kearney v. Salomon Smith Barney, its top court applied California's all-party law to a business recording California clients from Georgia. California's Penal Code § 632 needs everyone's consent.

Courts disagree on which state's law applies. The safe course is to follow the stricter state's rule.

Running a call center or sales team in Texas?

Our advice: announce the recording at the very start of every call, inbound and outbound. Texas's own rule may not require it, but the law where the other person is may require consent, and this covers them without working out where each one is.

1. Ask first. "We record our calls for quality and coaching. Is that okay with you?"
2. Using AI or other software? Say that too. "We record our calls and use software to review them. Is that okay with you?"
3. Start recording after they say yes. Then say "This call is being recorded, and you said that's okay" so it's on the recording. Some states want consent first, and others look for the notice on the recording, so this is a sensible default for both.
4. If someone says no, don't record. Deleting the recording when someone says no limits the harm, but it may not undo the problem.
5. Check your phone system. If it records from the moment a call connects, change that setting first.

Using a vendor or AI coaching tool? Whether a separate company counts as someone on the call isn't settled, so mention the software in the script. Our checklist for phone teams has the details.

How to protect yourself from phone fraud in Texas

People in Texas filed 162,101 fraud reports with the FTC in 2024 and reported about $897.9 million lost, with a median loss of $500. These are reports people filed, and the FTC doesn't verify them. They cover all fraud, not only phone calls.

Can I record a scammer in Texas?

A person on the call can generally record it in Texas, unless the recording is meant to commit a crime or wrong someone. If the caller is in a stricter state, that state's rule may apply too.

What can a crook do with a recording of my voice?

The FCC warned in 2017 about callers who record your "yes" as a "voice signature", so hang up if someone asks "Can you hear me?" If you already answered, check your statements for unauthorized charges.

The FTC warned in 2023 that scammers can clone a relative's voice to ask for money, so call that person back on a number you know.

A voice alone doesn't tell a scammer your account details, so don't give those out on a call you didn't start.

Where to report it

Report fraud at ReportFraud.ftc.gov and to the Office of the Attorney General, Consumer Protection. Our phone safety guide covers how to spot a scam and what to do if you paid.

If you think someone recorded you illegally, talk to a lawyer in your state. The federal deadline to sue is two years after you first had a reasonable chance to discover it.

Your credit card number on a recorded call in Texas

CallTutor's analysis of 13,740 calls from Texas area codes, August through October 2026, found a credit card number read out loud on 17.9% of them, compared with 21.1% across all states in our data. These are calls to companies that take payments by phone, so that isn't every call in Texas. Here's how we counted.

Before you read your credit card number out loud, ask if the call is recorded and if the number stays in the recording. If the agent doesn't know, ask to pay another way, like a secure link or a website.

If you think your number got out, check your statements and call your bank. For unauthorized charges, federal law caps what you owe at $50.

If your team takes payments by phone, CallTutor takes credit card numbers out of Zendesk Talk and Aircall recordings and transcripts minutes after hangup. See it on a real call.

Texas recording law FAQ

Is Texas a one-party consent state?

Yes. Texas lets a person on the call record it, or someone with one person's prior consent, unless the purpose is an unlawful act.

Is Texas a two-party consent state?

No. Texas is one-party for calls and in-person conversations, unless the purpose is an unlawful act.

In Texas, can someone record me without telling me?

Yes, if they're in the conversation or one person in it agreed first, and their purpose isn't an unlawful act.

How much can you sue for in Texas?

The Texas statute lists $10,000 for each occurrence, actual damages above that, punitive damages, attorney's fees and an injunction. Only a person in the conversation may sue.

Can a parent consent for a child in Texas?

Yes in one Texas case. The state's top criminal court held a mother's consent for her 13-year-old daughter met the one-party exception.

Recording laws in nearby states

• Arkansas phone recording laws (one-party)
• Louisiana phone recording laws (one-party)
• New Mexico phone recording laws (one-party)
• Oklahoma phone recording laws (one-party)

See all one-party consent states, or every state in our call recording laws by state guide.

This is general information, not legal advice. Laws change. We last checked these sources on November 2, 2026. If you have a legal question about a recording, talk to a lawyer in your state.