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Texas

In Texas, anyone who is a party to the communication, or who has the consent of a party, can lawfully record the communication and disclose its contents so long as a wire, oral, or electronic communication including the radio portion of any cordless telephone call is not recorded for a criminal or tortious purpose,. Texas Penal Code § 16.02.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication.  Texas Code Crim. Pro. Art. 18.20.

A person whose wire, oral, or electronic communication is intercepted or disclosed has a civil cause of action against the interceptor or discloser. Texas Civ. Prac. & Rem. Code § 123.002. Such a person is entitled to recover $10,000 for each occurrence, actual damages in excess of $10,000, as well as punitive damages and attorney fees and costs. Texas Civ. Prac. & Rem. Code § 123.004.

In addition, unlawful recording of a conversation or disclosure of its contents with reason to know of the illegal interception is a felony punishable by two to 20 years in prison and a fine not to exceed $10,000. Texas Penal Code § 12.33.


Inside Texas