Are you thinking about installing security cameras in your workplace and you live in Texas?
You are on the right track!
But…
Just keep in mind while they offer great benefits like preventing theft and improving security, there’s more to consider than just camera placement.
Like many other states, Texas has employee privacy and video surveillance laws. Knowing these laws is critical if you want to avoid violating your employees’ rights and potentially facing legal consequences.
So, do Texas security camera laws allow you to record your workplace in Texas? The answer is yes, but with limitations. It’s important to strike a balance between security and employee privacy.
This guide is your one-stop solution for all the laws regarding security cameras in Texas. We tell you everything about surveillance, hidden cameras, home security camera laws, public video recording, and business security camera laws in Texas!
So let’s start !
Laws on outdoor surveillance cameras for home in Texas:
It’s perfectly normal to install CCTV surveillance cameras on your private property, whether it’s a house, bungalow, or apartment. You can place them inside, at your entrance, or around your perimeter.
Be aware when surveillance becomes illegal:
- If you use a drone to capture images over private property without permission
- If you intercept electronic communications (phone calls, messages) without consent.
Laws against hidden security cameras in Texas:
As a homeowner in Texas, you have the freedom to install hidden cameras anywhere inside your home.
However, if you install them to spy on your neighbors or place them in areas where people expect complete privacy, you could face legal trouble!
Generally, recording video without sound (even with a hidden camera) is okay as long as:
- The person being filmed isn’t in a private space (like a bathroom).
- The recording isn’t done for something illegal.
- You didn’t trespass to get the footage.
What is Texas security camera law regarding video surveillance?
While you are allowed to record video of your business to protect against illicit activities and prevent theft or vandalism, there’s a twist: to comply with privacy regulations, access to surveillance recordings should be restricted to authorized personnel only.
Sharing footage with unauthorized individuals could result in legal action, such as lawsuits for defamation or invasion of privacy.
What is Texas security camera law regarding audio recording?
The Texas “unilateral consent” law allows individuals to secretly record conversations in which they are involved, but employers can restrict or prohibit audio recordings in the workplace.
The above picture shows Texas (TX) requires one party consent for recording oral communication. However, if audio recording is included with security cameras, you typically need to inform employees and potentially even get their written consent.
However, employers cannot prohibit their employees from recording if the purpose is to document activities protected by the National Labor Relations Act (NLRA).
Public video recording laws in Texas:
Andres Sanchez, a criminal law attorney, confirms that in Texas, you can generally record video in public places without everyone’s consent (one-party consent rule). This applies to areas like streets and parks.
However, you cannot secretly record someone in a private place where they expect privacy (like bathrooms).
Texas security camera installation license:
Yes, that’s right. If you want to install, service, or maintain a security camera in Texas, you need a license. And that license is issued by the Texas Private Security Bureau,
You will then be allowed to install security cameras and other video alarm systems for public or private businesses (Section 1702.102).
This includes businesses like alarm system companies, security guard companies, and private security consultants.
Exemptions in Texas security camera law:
There are some exceptions to the licensing requirement. For instance, you don’t need a license if you’re installing a security system on your own property or for someone else’s property for free, as long as it’s not your usual business practice.
Keeping recordings confidential:Â
Only people who are authorized to see the video surveillance footage should be allowed to watch it. Sharing it with others could lead to lawsuits for defamation (damaging someone’s reputation) or invasion of privacy.
Penalties:
Operating without a license can lead to civil penalties of up to $10,000 per violation.
It can also be considered a deceptive trade practice and a misdemeanor offense. The following picture depicts punishment in case of invasive visual recording.
Texas’s laws on video surveillance in the workplace:
You can record video in the workplace without getting permission from your employees, but it’s a good idea to let them know cameras are there.
You can inform people about video surveillance by using clear and concise language that is easily understood by a broad audience.
Aim for short, impactful statements like “24/7 Video Surveillance” or “This Area is Monitored by Security Cameras.”
Business Security Camera Laws in Texas:
Texas falls under a category known as a “one-party consent” state for audio and video recording. This means that as long as one party involved in a conversation (the business owner or an authorized representative) consents to the recording, it’s legal.
In many industries such as construction sites, dealerships, shopping centers, industrial settings, etc. there’s a reduced expectation of privacy. These areas are generally understood to be for business purposes, and video surveillance is a reasonable security measure.
While not always required by the state, it’s generally recommended to post signage informing people they are under video surveillance. This deters crime and increases transparency.
Remote video monitoring and Texas security camera law:
So here is the good news!
Texas law allows property owners, both residential and commercial, to use security cameras for legitimate security purposes. The Texas law permits:
A person may record oral conversations where either the person is a party to the conversation or at least one of the participants has consented to the recording. The use of a surveillance or monitoring system to detect or prevent criminal activity is permissible.
Remote video monitoring services can be a great way to enhance your security strategy. However, it’s important to understand the relevant laws to ensure your system is compliant.
Choosing a reputable security camera provider in Texas:
Reputable remote video monitoring companies will ensure their services comply with all relevant city and state laws. They should be able to answer your questions about how they handle video recording and storage.
- Data Security: Ask about the company’s data security practices to ensure your video footage is protected.
- Access Control: Who has access to your video footage, and how is it controlled?
- Retention Policies: How long does the company store your video footage?
By understanding Texas security camera laws and choosing a reputable remote video monitoring service, you can leverage this technology to enhance your security without legal concerns.
Texas Security Camera Laws: FAQs
Can neighbors have security cameras towards your house in Texas?
Yes, Texas generally allows neighbors to have security cameras pointing towards your house, but they can’t capture areas where you have a reasonable expectation of privacy (like your swimming pool in the backyard).
What are the surveillance laws in Texas?
Texas surveillance laws focus on protecting privacy in places with a reasonable expectation of privacy. Here’s a quick rundown:
- Public vs. Private: Recording in public areas (streets, parks) is generally legal without consent. Secret recording is illegal in private places (bathrooms, bedrooms).
- One-Party Consent: You can record conversations you’re part of (audio or video) without everyone’s consent.
- Landlord-Tenant: Tenants can usually install cameras in their unit, but not in common areas or other tenants’ spaces.
What is considered illegal surveillance in Texas?
In Texas, illegal surveillance means Violating a reasonable expectation of privacy.
This means recording someone in a place where they would normally expect to be private. Examples include:
- Bathrooms and changing rooms
- Bedrooms (especially in multi-unit dwellings)
- Private conversations you’re not part of
Even in public areas, secretly recording someone with a hidden camera can be illegal, especially if it captures private activities.
Conclusion:
While security cameras can significantly enhance security in your Texas business, using them legally requires understanding privacy expectations.
Texas allows video recording in public areas of the workplace, but for audio recording, you’ll need to inform employees and potentially get their written consent. It’s also a good idea to post signage about video surveillance.
Remember to respect employee privacy by avoiding cameras in places like restrooms and locker rooms.
Finally, access to recordings should be limited to avoid any legal complications. By following these steps, you can leverage security cameras effectively while staying compliant with Texas law.
Contact us today for a customized security solution for your business according to the Texas security camera laws!