Is Texas a one-party consent state?
Yes. Texas is a one-party consent state for recording calls, under Tex. Penal Code § 16.02.
General information, not legal advice. Laws change and we can get things wrong, so check with a lawyer before relying on any of this. Citations checked October 2026. Spotted an error? Tell us.
Recording calls in Texas
Texas lets a call be recorded when one person on it agrees. The business is a party to every call its agent answers, so its own consent is generally enough under the statute.
§ 16.02 makes intercepting a communication a second-degree felony, but § 16.02(c)(4) gives a defense when the person recording is a party to the call or one party has consented, unless the recording is made to commit an unlawful act.
Reporters Committee summary for TexasTexas is a one-party consent state, so the penalty applies to recording a call you are not a party to when no party has consented, or recording to commit an unlawful act (§ 16.02(c)(4)). That interception is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000 (§§ 16.02(f), 12.33). A party to the call can sue for $10,000 in statutory damages per occurrence, actual damages above $10,000, punitive damages and attorney fees (Civ. Prac. & Rem. Code § 123.004).
General information, not legal advice. Citations checked October 2026. Ask a Texas lawyer about your own calls.
Using an AI agent to answer your Texas line
Texas only needs one party's consent, but a caller from California or Florida brings their state's stricter rule onto the call. So the agent opens every call by saying it is recorded.
“Thanks for calling. This is an AI assistant, and this call is recorded. How can I help?”
A Cartesia voice agent answers your business line, says this on every call, then takes messages or transfers the caller to your team.
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AI and bot disclosure in Texas
Texas also has rules on telling people they are hearing an artificial voice or talking to a bot.
Since January 1, 2026, a Texas government agency that uses an AI system to talk with the public must tell each person they are dealing with AI, even if it seems obvious. A licensed health care provider that uses AI in a patient's care must give the same notice by the first date of service.
Statute textIf the agent also calls out from Texas
An answering service mostly takes calls. Callbacks and reminders are outbound, and outbound calls follow the federal rules plus Texas's own.
Outbound calls that use an AI voice need the called party's prior express consent, unless the call is for an emergency or fits an FCC exemption. AI-voice calls that include telemarketing need prior express written consent. The FCC ruled in February 2024 (FCC 24-17) that an AI-generated voice is an artificial voice under the TCPA, so these calls must also identify the caller and, for telemarketing, offer a way to opt out.
47 U.S.C. § 227(b)(1)(B)47 C.F.R. § 64.1200(a)(2) and (a)(3)FCC ruling on AI voices, February 2024Federal rules allow telemarketing calls from 8 a.m. to 9 p.m. in the called party's local time. Some states set a shorter window, listed below when they do.
16 C.F.R. § 310.4(c)Texas limits telephone sales calls to 9 a.m. to 9 p.m. Monday through Saturday and noon to 9 p.m. on Sunday, and the caller must give their name, business and purpose right away (§ 301.051). Chapter 302 requires most sellers to register with the Secretary of State, and since September 2025 that covers sales texts as well as calls.
Statute textTexas regulates automated calls that play a prerecorded or synthesized voice. Sales calls of this kind may run only from 9 a.m. to 9 p.m. Monday through Saturday and noon to 9 p.m. Sunday. The message must state the nature of the call, who is calling and the calling number within 30 seconds.
Statute textWhere Texas callers are
Time zone: Central, with El Paso and Hudspeth counties on Mountain. You set your business hours in your own time zone, and the agent takes messages outside them.
210
San Antonio
214
Dallas
281
Houston, with 713
346
Houston, with 713 and 832
469
Dallas, with 214 and 972
512
Austin
713
Houston
737
Austin, with 512
817
Fort Worth
832
Houston, with 713 and 281
915
El Paso
972
Dallas
States near Texas
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HIPAA compliant
SOC 2 Type 2
GDPR
Texas call recording law FAQs
Is Texas a one-party or all-party consent state for recording calls?
Texas is a one-party consent state for recording calls, under Tex. Penal Code § 16.02. This is general information, not legal advice. Ask a lawyer about your own calls.
Do I have to tell callers an AI agent is recording in Texas?
Texas needs one party's consent, and the business is a party. Most businesses announce recording anyway, because a caller in an all-party state such as California or Florida can bring that state's rule into the call. The sample agent opens with "Thanks for calling. This is an AI assistant, and this call is recorded. How can I help?" This is general information, not legal advice.
What if the caller is in a different state than my Texas business?
The stricter state's rule can apply. In Kearney v. Salomon Smith Barney (2006), the California Supreme Court held that California's all-party rule governs, going forward, calls a Georgia office records with clients in California. A business that takes calls from other states usually announces recording on every call.
How much does a Cartesia agent cost to answer calls in Texas?
Managed Agents cost $0.03/min, plus telephony and LLM usage. See pricing.
Which time zone and area codes cover Texas?
Time zone: Central, with El Paso and Hudspeth counties on Mountain. Main area codes: 210, 214, 281, 346, 469, 512, 713, 737, 817, 832, 915, 972. The agent answers calls from any number, and you set your business hours in your own time zone.
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