Recording calls in Texas: what the law allows

On recording calls, Texas law allows a person who takes part in a conversation to record it. Penal Code section 16.02 makes intercepting a wire, oral or electronic communication a serious offence, but gives an affirmative defence where the person recording was a party to the communication, or where a party gave prior consent, unless it was done to commit an unlawful act. Texas's civil statute follows the same one-party approach.

The limits are the ones every one-party state shares: calls with people in all-party states, rules set by employers and clients, and separate laws on what you do with a recording. Texas also has its own law on voiceprints, which matters for notetakers that recognise voices. This guide covers each. The national picture is in one-party and two-party consent states.

Recording calls in Texas: the law at a glance

What Penal Code 16.02 says

Section 16.02 (checked 25 September 2026) makes it an offence when a person "intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication".

Subsection (c)(4) sets out the defence that makes Texas a one-party state. It is an affirmative defence to prosecution that:

Two details in the wording:

• It is a defence, not an element. Being a party does not take the recording outside the offence's words; it gives a defence to a prosecution.
• The purpose proviso is attached to (B). Recording with another party's consent is protected unless the purpose is to commit an unlawful act. Texas's wording is "unlawful act", not the federal "criminal or tortious act".

Under subsection (f), the offence is a felony of the second degree, except for the separate offences about devices and obstruction in subsections (d) and (g), which are state jail felonies.

The civil claim: chapter 123

Texas also gives a civil remedy in chapter 123 of the Civil Practice and Remedies Code. Its definition of interception is itself one-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 to the communication."

A party to a communication may sue someone who intercepts it, and section 123.004 allows:

• an injunction;
• statutory damages of $10,000 for each occurrence;
• actual damages above $10,000;
• punitive damages;
• reasonable attorney's fees and costs.

For someone recording their own meetings, this claim is mostly relevant as the reason not to record conversations you are not part of.

Calls with people in other states

A call from Texas to someone in California, Florida or another all-party state may bring that state's law into play. California's Supreme Court applied California's rule to calls recorded in Georgia, a one-party state, in Kearney v. Salomon Smith Barney (2006); recording calls in California sets out the case. Outside the US, several countries treat recording someone's private words without agreement as an offence.

The practical rule most guidance reaches: if anyone on a call is in an all-party jurisdiction, get everyone's consent. Is it legal to record a meeting? explains the layers.

Voiceprints: a separate Texas rule

Texas's Business and Commerce Code, section 503.001, lists a voiceprint among biometric identifiers. A person may not capture one "for a commercial purpose" unless they inform the individual beforehand and receive their consent. Voiceprints captured that way must be protected with reasonable care and destroyed within a reasonable time, and no later than a year after the purpose for collecting them ends. The Attorney General can seek a civil penalty of up to $25,000 per violation. The section was last amended with effect from 1 January 2026.

This is a different question from recording a call. It matters if a notetaker is set up to recognise people by their voices across meetings. Voice recognition and privacy covers voiceprints under Texas, Illinois and GDPR rules together.

A practice that works in Texas and beyond

1. Check your employer's and client's rules before the law; they are often stricter.
2. Tell people at the start that you are recording and why. It covers anyone joining from an all-party state.
3. Stop if someone objects.
4. Record only conversations you are part of. The one-party defence is about parties.
5. Set a retention period for audio and delete on schedule.
6. Keep voice recognition off unless the people involved have agreed to it.

How to ask for consent to record has wording for scheduled and ad hoc calls.

How Notey fits into this

Notey records your microphone and the sound your Mac plays, on your own Mac. Nothing joins the call, so nobody else sees a recording notice from their meeting app.

• Nothing is saved until you press Allow when Notey notices a call, unless you made a choice in advance, such as arming the next call. Every recording it starts is announced on screen with Stop beside it.
• The red dot and elapsed timer show you when audio is being kept. They are not visible to the call.
• Voice recognition is off by default. A voice is saved only when you name someone, suggestions are never applied by themselves, and Forget this voice deletes it.
• The audio stays on your Mac and is transcribed there. Only transcript text is sent for AI notes, when you ask. See the privacy policy.

Frequently asked questions

Is Texas a one-party consent state?

Yes. Penal Code section 16.02(c)(4) makes it an affirmative defence that the person was a party to the communication or that one party gave prior consent, unless the communication was intercepted to commit an unlawful act.

Can I record a call in Texas without telling the other person?

Texas criminal law generally allows a party to record. Other participants may be in all-party states, and your employer or client may forbid it, so telling people is still the safe practice.

What is the penalty for illegal recording in Texas?

Unlawful interception under section 16.02 is a second-degree felony. The civil statute also allows the person recorded to sue for $10,000 per occurrence plus actual and punitive damages.

Does Texas have rules on voiceprints?

Yes, separately. Texas's Business and Commerce Code treats a voiceprint as a biometric identifier with its own rules for commercial use. This matters if a notetaker learns to recognise voices.

Does the Texas law cover in-person conversations?

The statute covers wire, oral and electronic communications, so conversations in a room as well as calls. The party exception applies to both.