|CITATION||Texas Penal Code § 16.02|
|SUMMARY||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 tortuous/wrongful purpose, 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. Texas Penal Code § 16.02.|
|CONSENT REQUIRED||1 party to communication.|
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 ten thousand dollars ($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.