Texas Surveillance Camera Laws (2026 Guide)

Texas allows surveillance cameras on your own property and in public spaces where no reasonable expectation of privacy exists. Under Texas Penal Code 21.15, recording someone in a place where they have a reasonable expectation of privacy is a state jail felony when it is done without that person's consent and with intent to invade that person's privacy. Texas Penal Code 16.02 governs audio recording under a one-party consent rule.

Overview of Texas Surveillance Camera Laws

Texas does not have a single statute that covers all aspects of surveillance camera use. Instead, several laws work together to regulate where cameras can be placed, when audio can be recorded, and what penalties apply for violations. The primary statutes include Texas Penal Code 21.15 (invasive visual recording), Texas Penal Code 16.02 (unlawful interception of communications), Texas Penal Code 21.17 (voyeurism), and Texas Property Code 202.023 (HOA restrictions on security measures).

The central principle across all of these laws is the concept of a "reasonable expectation of privacy." Surveillance cameras are generally legal in Texas when used in areas where people do not expect privacy, such as public streets, front yards, driveways, and retail floors. Recording becomes illegal when cameras are placed to capture images or audio in private spaces without consent.

Texas updated its invasive visual recording law in 2025 through HB 1465, which expanded the definition of prohibited locations and added mandatory sex offender registration for those convicted. Understanding these laws is essential for homeowners, employers, and anyone who wants to protect their own privacy rights.

Home Security Camera Laws in Texas

Texas law permits homeowners to install security cameras on their own property for purposes such as deterring crime, monitoring deliveries, and protecting their home while away. There is no state law requiring homeowners to register security cameras or obtain a permit before installation.

Where You Can Place Home Security Cameras

You can legally place cameras in the following areas of your property:

• Front door and porch areas for monitoring visitors and package deliveries
• Driveways and garages to record vehicle activity
• Backyards to monitor your own property
• Common living areas inside your home, such as living rooms and kitchens
• Exterior walls aimed at your own property boundaries

Where You Cannot Place Home Security Cameras

Cameras become illegal when they are positioned to record areas where people have a reasonable expectation of privacy:

• Bathrooms and restrooms in your home where guests or household members expect privacy
• Guest bedrooms where visitors are staying and may undress
• Pointed directly into a neighbor's windows or interior living spaces
• Any area where someone may be undressing or engaged in private activities

Under Texas Penal Code 21.15, it is an offense to photograph, videotape, or use any electronic means to record, broadcast, or transmit a visual image of another person in a place where the person has a reasonable expectation of privacy, but only if that is done both without the person's consent and with intent to invade the person's privacy. An intent element that demanding is what separates a security camera that happens to capture something from a criminal offense. For purposes of Section 21.15(b)(2), a posted sign indicating that a person is being photographed or recorded is not sufficient to establish that person's consent.

Ring Doorbells and Smart Cameras

Video doorbells and smart security cameras like Ring, Nest, and Arlo are legal in Texas. These devices typically record your own porch and the public sidewalk or street in front of your home. Since these areas are in public view, there is no reasonable expectation of privacy, and recording is permitted.

However, if a doorbell camera captures a wide angle that includes a neighbor's interior spaces through their windows, this could raise privacy concerns under Texas law. Position your smart cameras to focus primarily on your own property and public areas.

Audio recording on smart cameras adds another layer of legal consideration. If your Ring or Nest camera records audio, you must comply with Texas's one-party consent law under Penal Code 16.02. Recording your own conversations at the front door is lawful because you are a party to the conversation. Recording conversations between other people when you are not present may not be lawful.

Workplace Surveillance Camera Laws in Texas

Texas allows employers to install video surveillance cameras in the workplace, but specific rules govern where cameras can be placed and whether audio recording is permitted.

What Employers Can Do

According to the Texas Workforce Commission, employers may install video surveillance cameras in the following areas:

• Lobbies, hallways, and reception areas for security purposes
• Parking lots to protect employees and company property
• Warehouses and production floors to monitor operations
• Cash register areas to prevent theft
• Loading docks and entry points for security
• Retail sales floors to deter shoplifting

What Employers Cannot Do

Employers face restrictions based on Texas Penal Code 21.15 and privacy principles:

• Restrooms and changing areas are always off-limits for surveillance
• Locker rooms and shower facilities where employees undress
• Any area where employees routinely undress on a regular basis
• Private nursing rooms designated for breastfeeding employees

Audio Surveillance at Work

Employers who use cameras with audio recording capabilities must comply with Texas Penal Code 16.02. Since Texas is a one-party consent state, an employer cannot record private conversations between employees unless at least one party to the conversation has consented.

The Texas Workforce Commission advises that if audio is recorded alongside video, notice and consent are required. The TWC recommends that employers inform employees about video monitoring and obtain written consent rather than conducting covert surveillance.

Employee Notification

While Texas does not require employers to notify employees of video-only surveillance, providing notice is strongly recommended. The TWC states that notice and consent are "not mandatory (but are a good idea)" for video-only recording. A clear workplace surveillance policy should outline where cameras are located, whether audio is recorded, how footage is stored, who has access to recordings, and how long recordings are retained. This transparency helps employers avoid invasion of privacy claims.

Hidden Cameras and Invasive Visual Recording Laws

Texas treats hidden camera violations as serious criminal offenses. The state has several statutes addressing different forms of unauthorized visual recording.

Texas Penal Code 21.15: Invasive Visual Recording

Texas Penal Code 21.15 has a gateway that applies to every version of the offense: the conduct must be done without the other person's consent and with intent to invade the privacy of the other person. Both of those must be present. Once they are, the statute is violated in either of two independent ways:

• Section 21.15(b)(1): photographing or electronically recording, broadcasting, or transmitting a visual image of an intimate area of another person, where that person has a reasonable expectation that the intimate area is not subject to public view. This branch turns on the intimate area, not on where the person is standing.
• Section 21.15(b)(2): photographing or electronically recording, broadcasting, or transmitting a visual image of another person in a place in which a person has a reasonable expectation of privacy. This branch has no intimate-area element at all. Section 21.15(a)(3-a) defines that phrase as a place where a reasonable person would believe they could disrobe in privacy, and says the term includes a bathroom, bedroom, and changing room.

Under Section 21.15(b)(3), knowingly promoting a photograph or recording described by either branch is also an offense.

This statute was significantly amended by the 89th Texas Legislature through HB 1465, effective September 1, 2025. The key changes include:

• Expanded scope: The law previously limited violations to "bathroom or changing room" settings. It now covers any "place in which a person has a reasonable expectation of privacy."
• Sex offender registration: A conviction for invasive visual recording is now classified as a "reportable conviction" under Texas Code of Criminal Procedure Article 62.001(5), requiring mandatory sex offender registration.

Under Section 21.15(e), a sign posted to indicate that a person is being photographed or recorded is explicitly not sufficient to establish that person's consent for purposes of Section 21.15(b)(2).

Texas Penal Code 21.17: Voyeurism

Texas Penal Code 21.17 is much narrower than its name suggests, and two elements do the limiting. Under 21.17(a), a person commits the offense only if, with the intent to arouse or gratify the sexual desire of the actor, the person observes another person without that person's consent while that person is in a dwelling or structure in which they have a reasonable expectation of privacy. Observation made remotely through electronic means is covered.

Because of the sexual-intent element, 21.17 is not a general prohibition on watching a neighbor, and a camera pointed at a neighbor's yard is not voyeurism on those facts alone. Voyeurism is a separate offense from invasive visual recording, and it reaches observation even when nothing is recorded.

The statute grades the offense specifically. Under 21.17(b) voyeurism is a Class A misdemeanor. It is a state jail felony under 21.17(c) if the actor has a previous conviction under the section, the victim was younger than 18 at the time of the offense, or the offense was committed on the premises of a postsecondary educational institution. It is a third-degree felony under 21.17(d) if the victim was younger than 18 and the actor has a previous conviction punishable under Subsection (c)(2).

Penalties for Invasive Visual Recording

Civil Liability

Victims of invasive visual recording can also pursue civil remedies. Texas Civil Practice and Remedies Code Chapter 98B creates a civil cause of action against a person who discloses intimate visual material. Section 98B.002 sets the elements: the disclosure must be without the depicted person's effective consent and with intent to harm that person, the defendant must know or have reason to believe the material was created under circumstances in which the depicted person expected it to remain private, the disclosure must cause harm, and it must reveal the depicted person's identity.

Under Section 98B.003, a claimant who prevails is awarded actual damages including damages for mental anguish, court costs, and reasonable attorney's fees, and may also recover exemplary damages.

Section 98B.004 is a separate remedy and it is often described incorrectly. It lets the court hearing the 98B suit issue a temporary restraining order or a temporary or permanent injunction against further disclosure or promotion. If the court issues one, 98B.004(b) allows an award of $1,000 for each violation of that order or injunction where the disclosure or promotion was wilful or intentional, and $500 for each violation where it was not. The order in question is the court's own order in the civil case. It is not a family-violence protective order, and the "wilful or intentional" qualifier attaches to the disclosure or promotion rather than to the act of violating the order.

Audio Recording Laws (One-Party Consent)

Texas is a one-party consent state for audio recording. Texas Penal Code 16.02 governs the interception and recording of wire, oral, and electronic communications.

What the Law Says

It is unlawful to intercept, use, or disclose a wire, oral, or electronic communication unless:

• The person recording is a party to the communication, or
• One of the parties to the communication has given prior consent to the interception

The law works alongside federal wiretapping protections under 18 U.S.C. Chapter 119 (the Electronic Communications Privacy Act).

What One-Party Consent Means in Practice

If you are part of a conversation, whether in person, on the phone, or through any electronic means, you can legally record it without telling the other participants. You do not need to inform anyone else that the recording is taking place.

However, you cannot place a hidden recording device to capture conversations between other people when you are not present and no party to the conversation has consented. Doing so constitutes unlawful interception under Penal Code 16.02.

Additionally, even if you have consent from one party, the recording cannot be made for the purpose of committing a criminal or tortious act. The Texas State Law Library notes that you may lawfully record if you are a party to the communication or have consent from one party, "unless [the recording is made] to commit an unlawful act."

Penalties for Illegal Audio Recording

Violating Texas Penal Code 16.02 is a felony offense. Under 16.02(f), penalties include:

• Intercepting, using, or disclosing a communication without consent: Felony of the second degree (2 to 20 years in prison, up to $10,000 fine)
• Manufacturing or advertising an interception device, or obstructing a lawful interception: State jail felony (180 days to 2 years in a state jail, up to $10,000 fine)

Victims of illegal wiretapping may also bring civil lawsuits for damages under both state and federal law, including actual damages, punitive damages, and attorney fees.

Audio Recording and Security Cameras

Many modern security cameras include microphone capabilities. For outdoor cameras that pick up ambient sounds and conversations of people passing by, the legal analysis depends on whether those people have a reasonable expectation of privacy.

The safest approach for home security cameras with audio is to:

• Use audio recording only for conversations you participate in at your own door
• Disable audio on cameras that record public areas where you are not present
• Post visible signage indicating audio and video recording is in progress, so anyone who continues a conversation within range has arguably given implied consent

Neighbor Disputes Over Security Cameras

Disagreements between neighbors about security cameras are among the most common camera-related legal issues in Texas. The Texas State Law Library provides guidance on these situations.

When a Neighbor's Camera Is Legal

A neighbor's security camera is generally legal if it:

• Is pointed at the neighbor's own property
• Captures public areas like sidewalks and streets
• Records only video of areas in public view
• Does not deliberately peer into your windows or private enclosed spaces

When a Neighbor's Camera May Be Illegal

A neighbor's camera may violate Texas law if it:

• Is deliberately aimed to look inside your home through windows
• Records your fully fenced backyard from an elevated position, capturing areas hidden from street view
• Records audio of your private conversations without your consent
• Is a hidden camera placed on your property without your knowledge
• Is used as part of a pattern of harassment that could constitute stalking under Texas Penal Code 42.072

Steps to Resolve a Camera Dispute

1. Talk to your neighbor. Many disputes arise from cameras that were not intentionally aimed at your property. A polite conversation can often resolve the issue.

2. Document the situation. If the camera clearly invades your privacy, take photos or video showing the camera's position and what it captures.

3. Send a written request. Ask your neighbor in writing to adjust the camera angle or position.

4. Contact local authorities. If you believe a neighbor is using a camera to engage in voyeurism or to record your private activities, file a police report. Recording that meets every element of Penal Code 21.15, including the requirement that it be done without consent and with intent to invade the other person's privacy, is a state jail felony.

5. Consult an attorney. You may have grounds for a civil invasion of privacy lawsuit if a neighbor's camera is deliberately aimed to capture your private activities.

Physical Solutions

The Texas State Law Library suggests practical solutions to block a camera's view of your property:

• Install privacy fencing along your property line
• Plant tall hedges or trees to create natural barriers
• Use window film or curtains to block interior views
• Install your own cameras to document any intrusive behavior

Nanny Cam Laws in Texas

Nanny cameras, or hidden cameras used to monitor caregivers in your home, are generally legal in Texas with some important limitations.

Video-Only Nanny Cams

In Texas, you can install a video-only nanny cam in your home without notifying the caregiver. There is no state law that requires you to disclose the presence of a video recording device in your own home, provided the camera is not placed in an area where the caregiver has a reasonable expectation of privacy.

Where You Can Place a Nanny Cam

• Living rooms and family rooms where childcare takes place
• Kitchens and dining areas
• Playrooms and nurseries (in common areas)
• Hallways and entryways

Where You Cannot Place a Nanny Cam

• Bathrooms used by the caregiver
• Bedrooms designated for the caregiver's private use (for live-in nannies)
• Any room where the caregiver changes clothes or has a reasonable expectation of privacy

Under Penal Code 21.15, placing a camera in a bathroom or changing area to record someone without that person's consent and with intent to invade their privacy is invasive visual recording, even in your own home.

Audio on Nanny Cams

If your nanny cam records audio, Texas's one-party consent law under Penal Code 16.02 applies. Since you are not present during the conversations being recorded, and neither party to those conversations has consented, recording audio without the caregiver's knowledge could violate the wiretapping statute.

The safest approach is to either disable audio recording on nanny cams or inform the caregiver in writing that audio and video recording takes place in the home. Many parents include a recording disclosure clause in their nanny employment agreement.

Best Practices for Nanny Cams

While disclosure is not legally required for video-only recording in Texas, best practices include:

• Informing the caregiver in writing as part of their employment contract
• Having the caregiver sign an acknowledgment of the recording policy
• Keeping cameras out of private areas
• Disabling audio or obtaining explicit consent for audio recording

HOA Rules and Security Cameras

Texas provides strong protections for homeowners who want to install security cameras, even in communities governed by a homeowners association (HOA).

Texas Property Code 202.023

Under Texas Property Code 202.023, a property owners' association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures. This includes, but is not limited to:

• Security cameras
• Motion detectors
• Perimeter fencing

This means your HOA cannot ban you from installing security cameras on your private property.

What HOAs Can Still Regulate

While HOAs cannot prohibit security cameras entirely, there are limits:

• Cameras on common areas: An HOA can prohibit a property owner from installing a camera in a place other than the property owner's private property, such as on a shared wall or common area fence
• Fencing type: An HOA can regulate the type of fencing associated with security installations
• Aesthetic requirements: Some HOAs require that cameras be discreet or blend with the property's exterior

Important Exception

Under Section 202.023(a), the security-measures protection does not apply to a condominium as defined by Property Code Section 81.002 or Section 82.003, or to a master mixed-use property owners' association subject to Property Code Chapter 215.

That covers both condominium regimes, not just the newer one. Chapter 81 governs condominium regimes created before the Uniform Condominium Act, and Chapter 82 governs those created under it. If you live in a condominium of either vintage, Section 202.023 does not protect your camera installation, and your association's declaration and bylaws control.

Recording in Public Places

Texas generally permits recording in public places where there is no reasonable expectation of privacy. This includes:

• Streets, sidewalks, and parks
• Government buildings open to the public
• Retail stores and restaurants (from the customer's perspective)
• Public events and gatherings

Right to Record Law Enforcement

The U.S. Fifth Circuit Court of Appeals, which covers Texas, confirmed in Turner v. Driver (2017) that people have a First Amendment right to record police officers performing their official duties in public. However, this right is not unlimited: the court said it is subject to reasonable time, place, and manner restrictions.

Texas law also prohibits interrupting, disrupting, impeding, or otherwise interfering with certain duties of public officers. Recording from a safe distance that does not obstruct police work is generally protected.

Penalties Summary for Surveillance Violations in Texas

Special Settings: Schools and Nursing Facilities

Texas has specific rules for surveillance cameras in certain institutional settings.

Schools

Under Texas Education Code 29.022, a school district or open-enrollment charter school must provide video and audio monitoring equipment for special education classrooms and other special education settings on receipt of an authorized written request.

Section 29.022(a-1) lists who may make that request:

• A parent of a child who receives special education services in one or more special education classrooms or settings
• A board of trustees or governing body
• A principal or assistant principal of the school or campus
• A staff member assigned to work with one or more children receiving those services

An individual trustee acting alone is not on that list. This law was designed to protect students with disabilities from abuse and neglect.

Nursing Facilities

Texas Health and Safety Code Chapter 242, Subchapter R (Sections 242.841 and following) lets a nursing facility resident authorize electronic monitoring of the resident's room.

Section 242.845 controls who may ask. If the resident has capacity and has not been judicially declared to lack it, only the resident may request monitoring. If a court has declared the resident to lack capacity, only the guardian may. If the resident lacks capacity but has not been judicially declared to lack it, only the resident's legal representative may.

Section 242.846 requires the request to go to the facility on a department-prescribed form, and if the resident lives in a multiperson room, that form requires the consent of the other residents in the room. Under Section 242.847 the facility must permit the monitoring, must require a conspicuous notice posted at the entrance to the room stating that the room is monitored, and may not refuse admission or remove a resident because of a monitoring request.

Related Texas Camera and Privacy Laws

• Texas Recording Laws covers the consent rule that governs camera audio in Texas.
• Texas Security Camera Recording Rules explains the recording-law side of camera use.
• Texas Biometric Privacy Laws addresses facial recognition and biometric data.
• Texas Ring Doorbell Laws covers video doorbell rules in Texas.

Common Camera Questions

These national guides answer the most common surveillance camera questions:

• HOA Security Camera Rules
• Neighbor Security Camera Laws
• Nanny Cam Laws
• Workplace Surveillance Camera Laws
• Landlord Security Camera Laws

More Texas Laws

• Texas Voyeurism and Hidden Camera Laws
• Texas Data Privacy Laws
• Texas Landlord-Tenant Laws

Frequently Asked Questions

Are home security cameras legal in Texas?

Yes. Texas homeowners can legally install security cameras on their own property. Cameras may record outdoor areas such as driveways, porches, and yards, as well as common indoor areas like living rooms and kitchens. However, cameras cannot be placed in areas where others have a reasonable expectation of privacy, such as bathrooms or guest bedrooms. Under Texas Penal Code 21.15, recording someone in a place where they have a reasonable expectation of privacy is a state jail felony, but only when the recording is made both without that person's consent and with intent to invade that person's privacy. A camera that incidentally captures something is not the offense. The punishment is 180 days to 2 years in a state jail and up to $10,000 in fines, and as of September 1, 2025 a conviction also requires sex offender registration.

Can my neighbor legally point a security camera at my house in Texas?

It depends on what the camera captures. A neighbor's camera may legally record their own property and public areas like sidewalks or streets, even if your home appears in the background. However, if the camera is deliberately aimed to look inside your windows or into a private enclosed area where you have a reasonable expectation of privacy, it could violate Texas Penal Code 21.15, which requires that the recording be made without your consent and with intent to invade your privacy. The Texas State Law Library suggests speaking with your neighbor, using fences, bushes, or curtains to block the view, or consulting an attorney if the situation cannot be resolved.

Is it legal to use a nanny cam in Texas?

Yes. You can install a video-only nanny cam in common areas of your home such as living rooms, kitchens, and playrooms without notifying the caregiver. Cameras cannot be placed in bathrooms or private bedrooms where the caregiver has a reasonable expectation of privacy. If the nanny cam records audio, you must comply with the one-party consent rule under Texas Penal Code 16.02. Since you are not present during the recorded conversations, the safest approach is to inform the caregiver about audio recording or disable the microphone.

Can my employer record me at work with security cameras in Texas?

Texas allows employers to install video cameras in common work areas such as lobbies, hallways, production floors, parking lots, and cash register areas. Cameras are prohibited in restrooms, changing areas, and other spaces where employees have a reasonable expectation of privacy. If cameras record audio, employers must comply with Texas Penal Code 16.02, which requires at least one party to a conversation to consent. The Texas Workforce Commission recommends that employers provide written notice of surveillance and obtain employee consent.

What are the penalties for illegal surveillance in Texas?

Penalties depend on the specific violation. Invasive visual recording under Penal Code 21.15, which requires that the recording be made without consent and with intent to invade the other person's privacy, is a state jail felony carrying 180 days to 2 years in a state jail, fines up to $10,000, and (for offenses on or after September 1, 2025) mandatory sex offender registration. Voyeurism under Penal Code 21.17 requires intent to arouse or gratify sexual desire and is a Class A misdemeanor at baseline, rising to a state jail felony or a third-degree felony in the circumstances listed in the statute. Unlawful wiretapping under Penal Code 16.02 is a felony of the second degree, carrying 2 to 20 years in prison and fines up to $10,000. Stalking via surveillance under Penal Code 42.072 is a third-degree felony with up to 10 years in prison. Victims may also pursue civil lawsuits for damages, including mental anguish, exemplary damages, and attorney fees.