Privacy Law Library

Texas Wiretap Law (Unlawful Interception, Use, or Disclosure of Communications)

Texas Wiretap Act

Communications

Texas is a one-party consent state: intercepting a wire, oral, or electronic communication is a crime unless the person is a party to it or a party gave prior consent. The chapter also criminalizes unauthorized access to stored communications, unauthorized pen registers, and divulgence of communications by public service providers, and the Code of Criminal Procedure gives victims a civil damages action.

Where
Texas
Citation
Tex. Penal Code 16.02-16.05; Tex. Code Crim. Proc. art. 18A.502
Status
In force
In force since
1981-08-31
Last amended
2019-01-01
Enforced by
State prosecutors (criminal); federal or state government civil suits (Code Crim. Proc. art. 18A.503)
People can sue
Yes
Penalties
Unlawful interception is generally a second-degree felony (16.02(f)); unlawful access to stored communications is a Class A misdemeanor or state jail felony (16.04). Victims may recover actual damages of at least $100 per day or $1,000, punitive damages, and fees (art. 18A.502).
Applies to
  • Any person who intercepts, discloses, or uses wire, oral, or electronic communications (Penal Code 16.02)
  • Persons who access stored communications or use pen registers or trap-and-trace devices without authority (16.03-16.04)
  • Providers of electronic communications service to the public (16.05)

Rights it gives people

  • A person whose communication is unlawfully intercepted, disclosed, or used may sue for actual damages (minimum $100 per day or $1,000), punitive damages, and attorney's fees.Tex. Code Crim. Proc. art. 18A.502

Practices it requires

  • Do not intentionally intercept, or use or disclose the contents of, a wire, oral, or electronic communication obtained by unlawful interception.Tex. Penal Code 16.02(b)
  • It is a defense that a private person was a party to the communication or that one party gave prior consent (one-party consent), unless the interception was for the purpose of committing an unlawful act.Tex. Penal Code 16.02(c)(4)
  • Do not install or use a pen register or trap-and-trace device without authorization.Tex. Penal Code 16.03
  • Do not obtain, alter, or block authorized access to wire or electronic communications in electronic storage without authorization.Tex. Penal Code 16.04(b)
  • Public electronic communications service providers may not knowingly divulge the contents of a communication to anyone other than the intended recipient.Tex. Penal Code 16.05(b)

Sources

Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.

Research reference, not legal advice.