As a one-party consent state, it is totally legal to record a conversation if you are a part of it. It doesn’t matter how many people are in that conversation. Both the state and federal laws support this.
Texas Rules about Recording Others
Recording Phone Calls
You can record phone calls in Texas without worrying about any legality issues. There are various reasons why this is lawful in the state. You can record business calls to keep them as a reference or provide any call record to the court as proof of something.
List of Recording Laws in Texas
You can find all about the recording laws in Texas by checking out the following-
Texas Penal Code: Section 16.02 and 21.15, Texas Govt Code: Chapter 423, Texas Transportation Code: Chapter 707, US Code: Chapter 119 in Title 18, Federal Code: Part 107 in Title 14, and Texas Education Code: Section 29.022.
Recording Public Meetings
According to the Texas Govt Code: Section 551.023, you can record a public meeting as attendance in it. However, if any agency or Govt body imposes any rules, like the angle of cameras or recording manner, you need to follow that. But none of those rules can hinder you from recording.
Recording Rules in the Other States
Nevada
You cannot record an oral conversation without getting the consent of at least one person. For phone calls, all parties must agree to the process. Recording secretly without consent is illegal and considered a felony in the state.
New York
Like Texas, New York is a one-party consent state, meaning that you can record a conversation without consent if you are a part of it. However, if you are not a party and record an in-person or wired conversation, that is a felony class E.
Michigan
The Michigan statute MCL 750.539c confuses a lot to think it is always illegal to record any conversation. However, interpreted by the Michigan Court of Appeal, you can only record a convo if you are involved in it.
Illinois
As a two-party consent state, Illinois requires one to get consent from all the parties in a conversation to be able to record it. Otherwise, any usage of recording devices may result in 1-7 years in the Illinois Department of Correction.
Florida
In Florida, recording a conversation without everyone’s consent who has joined it is illegal. Even audio or video recording your own family member in your home counts in it too. You have committed a 3rd Degree Felony for every recording file you possess. You can get punishment with a $5,000 fine and five years in jail.
Final Note
As a resident of Texas, you need to stay careful whether the other person on the phone call is recording the convo or not. Because they are legally allowed to, and you cannot do anything against it. Meanwhile, in a two-party consent state, all parties involved in the conversation must know about the recording process.