Recording Laws Texas Law Video Recording Privacy

Texas Video Recording Laws: What Is Legal and What Is Not

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 202614 min read

Texas law permits video recording anywhere a person lacks a reasonable expectation of privacy, including public streets, parks, and government buildings. Audio recorded alongside video follows one-party consent under Tex. Penal Code Section 16.02, while Tex. Penal Code Section 21.15 prohibits invasive visual recording in private spaces or of intimate areas without consent.

Overview of Texas Video Recording Laws

Texas does not have a single statute governing all [video recording. Instead, several laws address different aspects of visual recording depending on the location, subject, and purpose of the recording. The parent Texas recording laws page provides the broader framework, while this page focuses specifically on video.

The key statutes governing video recording in Texas include Tex. Penal Code Section 21.15 (invasive visual recording), Tex. Penal Code Section 21.16 (nonconsensual disclosure of intimate visual material), and Tex. Penal Code Section 16.02 (which governs audio captured with video).

The Texas State Law Library maintains a comprehensive guide to visual recording laws, including links to the full statutory text and plain-language explanations.

Video Recording in Public Spaces

The First Amendment Right to Film

The First Amendment to the U.S. Constitution protects the right to record video in public spaces. The U.S. Court of Appeals for the Fifth Circuit, which covers Texas, has recognized this right as a form of protected expression. In Turner v. Lieutenant Driver, 848 F.3d 678 (5th Cir. 2017), the court held that recording police officers performing their duties in public "falls squarely within the First Amendment's protections."

This constitutional protection extends beyond filming police. In Texas, a person can legally record video of anything plainly visible from a public space, including:

Streets, sidewalks, and public parks
Government buildings open to the public
Public protests and demonstrations
Commercial activity visible from public areas
Traffic, accidents, and other public events

The ACLU of Texas provides guidance on the right to record in public, emphasizing that this right applies as long as the recording does not interfere with the lawful activities of others.

Limitations on Public Recording

While public recording is broadly protected, certain restrictions apply:

Interference with public duties: Tex. Penal Code Section 38.15 prohibits interference with public duties, including police activities. Recording is legal, but physically obstructing an officer is not.
Trespass: The right to record does not include the right to enter private property without permission. A person who trespasses to record video can face criminal trespass charges under Tex. Penal Code Section 30.05.
Restricted government facilities: Some government buildings, including courtrooms during proceedings and secure military installations, may restrict photography and video recording through posted rules or court orders.

The Ex Parte Thompson Decision

In 2014, the Texas Court of Criminal Appeals struck down part of the former "improper photography" statute in Ex parte Thompson (442 S.W.3d 325). The court ruled 8-1 that the statute was overly broad and violated the First Amendment because it criminalized photography in public places based solely on the photographer's intent, without requiring any invasion of privacy.

This decision reinforced that taking photographs and recording video of people in public spaces is constitutionally protected activity, even when the subject has not consented. The legislature responded by passing a revised statute focused on invasive visual recording in private settings.

Invasive Visual Recording: Tex. Penal Code Section 21.15

Texas dome security camera in the corner of an office ceiling, soft interior daylight

What the Statute Prohibits

Tex. Penal Code Section 21.15 criminalizes invasive visual recording. A person commits an offense if, without the other person's consent and with intent to invade the privacy of the other person, the person:

Photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of an intimate area of another person
Photographs or records a visual image of another person in a bathroom, changing room, or similar private space

The statute defines "intimate area" as any area of the human body that is covered by clothing and intended to be shielded from public view.

2025 Amendments and Expanded Protections

The 89th Texas Legislature passed H.B. 1465, enacting significant amendments to Section 21.15, effective September 1, 2025. These changes include:

Expanded definition of protected spaces: Section 21.15(a)(3-a) now defines "a place in which a person has a reasonable expectation of privacy" as a place where a reasonable person would believe they could disrobe without being photographed, visually recorded, or having such images broadcast or transmitted by another.
Sex offender registration requirement: The Legislature amended Article 62.001(5)(A) of the Code of Criminal Procedure to include invasive visual recording among offenses requiring sex offender registration. Convictions, adjudications, and deferred adjudications for offenses committed on or after September 1, 2025, now require lifetime sex offender registration.

Penalties for Invasive Visual Recording

Invasive visual recording is classified as a state jail felony in Texas:

Element	Detail
Offense Level	State Jail Felony
Prison Term	180 days to 2 years in a state jail
Maximum Fine	$10,000
Sex Offender Registration	Required for offenses on or after September 1, 2025

The sex offender registration requirement adds a lifelong consequence to this conviction, affecting housing, employment, and community standing.

Nonconsensual Disclosure of Intimate Visual Material: Section 21.16

The Revenge Porn Statute

Texas enacted Tex. Penal Code Section 21.16 in 2015 through the Relationship Privacy Act. This law criminalizes the nonconsensual disclosure of intimate visual material, commonly referred to as "revenge porn."

A person commits an offense under Section 21.16 by:

Intentionally disclosing visual material depicting another person with intimate parts exposed or engaged in sexual conduct
Without the depicted person's effective consent
With the intent to harm the depicted person

The statute also covers threatening to disclose such material with the intent to obtain a benefit, and promoting such material on websites or other platforms.

Key Legal Points

Several important aspects of the revenge porn statute include:

Consent to creation does not equal consent to distribution: It is not a defense that the depicted person created or consented to the creation of the visual material. Voluntarily sending an intimate image to someone does not authorize that person to share it with others.
State jail felony: A conviction under Section 21.16 is a state jail felony, carrying 180 days to 2 years in state jail and fines up to $10,000.
Civil remedies available: Victims of revenge porn can also pursue civil remedies, including injunctive relief and damages.

Video Recording and Audio: When Both Laws Apply

Texas three smartphones around a blank document on a wooden desk

The Overlap Between Video and Audio Recording Law

Many modern recording devices capture both video and audio simultaneously. In Texas, the legality of such recordings depends on the interaction between the visual recording statutes and the audio wiretapping statute.

Pure video recording without audio does not fall under Tex. Penal Code Section 16.02, which specifically covers wire, oral, and electronic communications. Silent video in public spaces is generally unrestricted.

When video recording includes audio, the one-party consent rule applies to the audio component. This means:

A participant in a conversation can record video with audio without notifying others
A non-participant who records audio of other people's private conversations may violate Section 16.02
In public settings where there is no reasonable expectation of privacy, recording audio alongside video is generally permissible

Practical Implications

For most personal recording situations, the audio and video rules align in practice. A person filming their own interaction with another person can legally capture both video and audio because they are a party to the conversation. The one-party consent rule covers the audio, and no separate consent is needed for the video component when filmed in a place without privacy expectations.

The distinction matters most for surveillance situations. A security camera that records audio in a workplace, for example, must comply with the one-party consent rule for the audio portion, even though the video component alone may be unrestricted.

Video Recording on Private Property

Property Owner Rights

Property owners in Texas have broad authority to install video recording systems on their own property. This includes residential homeowners, commercial property operators, and landlords recording common areas of rental properties.

Property owners can record video in:

Driveways, parking lots, and exterior areas
Retail spaces and commercial lobbies
Hallways and common areas of multi-unit buildings
Warehouses and storage facilities

Privacy Restrictions on Private Property

Even on their own property, property owners cannot install cameras in areas where people have a reasonable expectation of privacy. Prohibited locations include:

Bathrooms and restrooms
Changing rooms and locker rooms
Private bedrooms (in rental properties)
Any area where a person would reasonably expect to disrobe

Installing cameras in these locations can result in prosecution under Tex. Penal Code Section 21.15, regardless of who owns the property.

Licensing for Commercial Installations

The Texas Department of Public Safety, Private Security Bureau regulates the installation of security camera systems for commercial purposes. Businesses or individuals who install, service, or maintain security cameras for others generally need a license issued by the Private Security Bureau.

This licensing requirement applies to professional security installers and monitoring companies, not to individuals or businesses installing cameras on their own property for their own security purposes.

Video Recording in Specific Texas Settings

Texas two office chairs angled toward each other beside a window with a small voice recorder on the side table

Courtrooms

Texas courts have authority to set rules regarding video recording during proceedings. Under the Texas Rules of Judicial Administration, judges can permit or restrict media recording in their courtrooms. Some courts allow cameras during certain proceedings, while others prohibit all recording.

The Texas Supreme Court and the Court of Criminal Appeals have issued guidelines for electronic media coverage of court proceedings, generally allowing recording at the judge's discretion.

Schools

Texas school districts can establish their own policies regarding video recording on school grounds. The Family Educational Rights and Privacy Act (FERPA) restricts the recording and disclosure of personally identifiable student information, which can affect how video recordings are handled in educational settings.

Hospitals and Medical Facilities

Medical facilities in Texas can establish policies restricting video recording. While Texas law permits a patient to record their own medical appointment, hospitals and clinics may prohibit recording in areas where other patients' privacy could be compromised, such as waiting rooms, shared hospital rooms, and surgical areas.

Penalties Summary: Texas Video Recording Violations

Offense	Statute	Classification	Prison Term	Fine
Invasive visual recording	Sec. 21.15	State Jail Felony	180 days to 2 years	Up to $10,000
Revenge porn disclosure	Sec. 21.16	State Jail Felony	180 days to 2 years	Up to $10,000
Illegal audio interception (with video)	Sec. 16.02	Second-Degree Felony	2 to 20 years	Up to $10,000
Interference with public duties while filming	Sec. 38.15	Class B Misdemeanor	Up to 180 days	Up to $2,000

Deepfakes and AI-Generated Video: 89R Trilogy (S.B. 441, H.B. 421)

The 89th Texas Legislature enacted three statutes targeting AI-generated and deepfake intimate imagery, all effective September 1, 2025.

S.B. 441 amended Tex. Penal Code § 21.165 to replace "deep fake video" with "deep fake media," reaching still images, AI-generated, and machine-learning-generated visual depictions of real persons with intimate parts exposed or in sexual conduct, without effective written consent. A new Class B misdemeanor covers threats to produce or distribute deepfake media with intent to coerce, extort, harass, or intimidate. Third-degree felony enhancements apply to repeat offenders and depictions of minors.

S.B. 441 also amended Tex. Civ. Prac. & Rem. Code Chapter 98B to extend civil liability to "artificial" (AI-generated) intimate visual material, adding a 72-hour website takedown duty for platforms that receive a valid removal request from the depicted person.

H.B. 421 added Chapter 121 to the Texas Business and Commerce Code, targeting AI deepfake generator tools. Operators must use commercially reasonable age-verification methods, obtain written consent before generating explicit material depicting any adult, and categorically refuse to generate explicit deepfake material depicting a minor. The chapter creates a private cause of action for actual damages, mental anguish, attorney fees, and exemplary damages.

At the federal level, the TAKE IT DOWN Act, S. 146, 119th Cong. (signed May 19, 2025) criminalizes knowing publication of nonconsensual intimate visual depictions and digital deepfakes via interactive computer service. The platform notice-and-removal compliance deadline is May 19, 2026, requiring covered platforms to act within 48 hours of valid notice. Texas subjects of such material have three parallel removal pathways: the TAKE IT DOWN Act federal notice-and-removal, Chapter 98B 72-hour state takedown duty, and copyright-based DMCA notice.

Recent Developments in Texas Video Recording Law

2025 Legislative Changes

The most significant recent change is the September 1, 2025, amendment to the invasive visual recording statute. The expanded definition of protected spaces and the addition of lifetime sex offender registration represent a substantial increase in the consequences for this offense.

The core video recording framework remains otherwise stable. Texas has not enacted any new restrictions on public filming, and the First Amendment right to record in public spaces continues to be upheld by federal courts in the Fifth Circuit.

Texas Data Privacy and Security Act

The Texas Data Privacy and Security Act (TDPSA), which took effect in July 2024, established new requirements for businesses processing sensitive personal data. This law can affect how businesses use video surveillance systems that incorporate facial recognition or other biometric technologies. Businesses collecting biometric data through video surveillance must comply with the TDPSA's consent and data protection requirements.

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Frequently Asked Questions

Is it legal to record video in public in Texas?

Yes. Texas has no general prohibition on video recording in public spaces. The First Amendment protects the right to film anything plainly visible from a public location, including streets, parks, government buildings, and public events. The Fifth Circuit Court of Appeals confirmed this right in Turner v. Driver (2017).

What is invasive visual recording in Texas?

Invasive visual recording under Tex. Penal Code Section 21.15 is the act of photographing or recording an intimate area of another person without consent and with intent to invade their privacy, or recording someone in a private space like a bathroom or changing room. It is a state jail felony carrying 180 days to 2 years in prison.

Does Texas require sex offender registration for invasive visual recording?

Yes, as of September 1, 2025. The 89th Texas Legislature amended Article 62.001(5)(A) of the Code of Criminal Procedure to include invasive visual recording among offenses requiring lifetime sex offender registration for offenses committed on or after that date.

Is sharing intimate images without consent illegal in Texas?

Yes. Tex. Penal Code Section 21.16 criminalizes the nonconsensual disclosure of intimate visual material (revenge porn). It is a state jail felony punishable by 180 days to 2 years in state jail and fines up to $10,000. The fact that the depicted person originally consented to creating the material is not a defense.

Does the audio on a [video recording require separate consent](/is-it-illegal-to-video-record-someone-without-their-consent) in Texas?

Audio captured with video follows the one-party consent rules under Tex. Penal Code Section 16.02. If the person recording is participating in the conversation being captured, no additional consent is needed. In public spaces with no reasonable expectation of privacy, audio recording alongside video is generally permissible.

Sources and References

Tex. Penal Code Section 21.15 - Invasive Visual Recording(statutes.capitol.texas.gov).gov
Tex. Penal Code Chapter 16(statutes.capitol.texas.gov).gov
Tex. Penal Code Section 38.15(statutes.capitol.texas.gov).gov
Tex. Code of Criminal Procedure Article 62.001(statutes.capitol.texas.gov).gov
Texas State Law Library - Visual Recording Laws(guides.sll.texas.gov).gov
ACLU of Texas - Your Right to Film Police(aclutx.org)
Texas DPS - Private Security Bureau(dps.texas.gov).gov
RCFP - Texas Recording Guide(rcfp.org)

Recording Laws Texas Law Video Recording Privacy

Texas Video Recording Laws: What Is Legal and What Is Not

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 202614 min read

Overview of Texas Video Recording Laws

The Texas State Law Library maintains a comprehensive guide to visual recording laws, including links to the full statutory text and plain-language explanations.