Yes, Texas Penal Code § 16.02 permits two-party consent recording, requiring all parties’ knowledge or consent to intercept oral communications. Violations risk felony charges, fines up to $10,000, and civil liability under HB 9 (2025), which expanded penalties for non-compliance. Local district attorneys, including Dallas and Harris Counties, aggressively prosecute violations, with Houston’s 2026 ordinance mandating training for law enforcement on recording protocols.
Key Regulations for Two-Party Consent Recording in Texas
- Interception Requirement: § 16.02 criminalizes recording oral communications without all parties’ consent, defining “intercept” as capturing content contemporaneously or via electronic means. Exceptions exist for law enforcement with warrants or consent from one party in emergencies.
- Civil Liability: HB 9 (effective 2025) imposes treble damages for violations, allowing aggrieved parties to sue for actual damages, attorney’s fees, and injunctive relief. The Texas Attorney General’s 2026 advisory emphasizes strict adherence to avoid litigation.
- Electronic Communications: The statute extends to digital recordings (e.g., Zoom calls) if at least one participant is in Texas. The Texas Department of Public Safety (DPS) requires businesses to display recording notices in physical locations under 2026 compliance guidelines.