Quoted:
Reference the link below about an incident at Walmart...

Does anyone know about the legality of audio / video recording in Texas?
Is it legal to video record people in public?

http://www.click2houston.com/news/Walmart-guard-pulls-out-Taser-during-confrontation-with-teens/-/1735978/9866772/-/uyo5nwz/-/index.html

eta comments from GD link " How to get TAZED at Walmart " ––>  http://www.ar15.com/forums/t_1_5/1306386_How_to_get_TAZED_at_WALMART___vid__.html

Quoted:


It depends. If you are audio or video recording a conversation you are not a party to you could be arrested. If you are a party to the conversation, you may record it even without informing the other party(s). This differs state to state but Texas allows it. As far as the story cited, video or audio recording a public servant in the course of their work is not illegal. Many cops think it is (or want it to be) but it is not illegal. We are public servants and recording us doing our jobs, in public, is not and should not be illegal.. Obviously, sneaking in to a private place to video anyone can be, and usually is, illegal.
There is a trend now where cops in jurisdictions are arresting folks for recording them doing their jobs i.e., writing tickets, making an arrest, etc. I'm not aware of a case where those arrests have held up....some took many appeals to overturn, but I'm sure that all of them have been overturned or thrown out by the DA.

Quoted:


It depends. If you are audio or video recording a conversation you are not a party to you could be arrested.

Texas Penal code
Sec. 21.15.  IMPROPER PHOTOGRAPHY OR VISUAL RECORDING.
(a)  In this section, "promote" has the meaning assigned by Section 43.21.
(b)  A person commits an offense if the person:
(1)  photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or private dressing room:
(A)  without the other person's consent; and
(B)  with intent to arouse or gratify the sexual desire of any person;
(2)  photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is a bathroom or private dressing room:(A)  without the other person's consent; and
(B)  with intent to:(i)  invade the privacy of the other person; or
(ii)  arouse or gratify the sexual desire of any person; or
(3)  knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).
(c)  An offense under this section is a state jail felony.
(d)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
(e)  For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.

Sec. 16.02.  UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS


(b)  A person commits an offense if the person:
(1)  intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication
(4)  a person not acting under color of law intercepts a wire, oral, or electronic communication, if:
(A)  the person is a party to the communication;  or
(B)  one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing an unlawful act;

Quoted:
 That is partially true.  it is NOT unlawful to video persons without their knowledge in general public places.

Quoted:




Wouldn't the above assume the setting was such that all involved parties had an expectation of privacy?  I don't think anyone in the middle of a parking lot can have a reasonable expectation of privacy.

Quoted:


It depends. If you are audio or video recording a conversation you are not a party to you could be arrested. If you are a party to the conversation, you may record it even without informing the other party(s). This differs state to state but Texas allows it. As far as the story cited, video or audio recording a public servant in the course of their work is not illegal. Many cops think it is (or want it to be) but it is not illegal. We are public servants and recording us doing our jobs, in public, is not and should not be illegal.. Obviously, sneaking in to a private place to video anyone can be, and usually is, illegal.
There is a trend now where cops in jurisdictions are arresting folks for recording them doing their jobs i.e., writing tickets, making an arrest, etc. I'm not aware of a case where those arrests have held up....some took many appeals to overturn, but I'm sure that all of them have been overturned or thrown out by the DA.

Quoted:


Might want to be careful about photographing/recording victims.  I have had this issue before while working a sexual assault at a hotel.

Quoted:
quid pro quo. Can you elaborate whats highlighted below in red?  It's unlawful for a person to intercept an oral communication that (A) the person is a party to?  

Sec. 16.02. UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS


(b) A person commits an offense if the person:
(1) intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication
(4) a person not acting under color of law intercepts a wire, oral, or electronic communication, if:
(A) the person is a party to the communication; or
(B) one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing an unlawful act;

Quoted:

Please elaborate.  What law would make a person need to be "careful"?

Quoted:


Moral law.  I should have been more clear.  Here's an example of what I meant to put things in better context.  

If you see a lady who has obviously had the shit beat out of her and she's reporting this to the police in a public place (hotel lobby), common courtesy and good sense would say taking out your camera, taking pictures and then video taping yourself demanding to know why or what the officer is talking about to said lady, is inappropriate and not the same as "standing up for your rights."  

Just throwing out a suggestion of good judgement and restraint based on the situation.  This is a little popular news story right now and I have been seeing some people try to exercise their right to film LEOs in very stupid manners/situations.

Quoted:


Moral law.  I should have been more clear.  Here's an example of what I meant to put things in better context.  

If you see a lady who has obviously had the shit beat out of her and she's reporting this to the police in a public place (hotel lobby), common courtesy and good sense would say taking out your camera, taking pictures and then video taping yourself demanding to know why or what the officer is talking about to said lady, is inappropriate and not the same as "standing up for your rights."  

Just throwing out a suggestion of good judgement and restraint based on the situation.  This is a little popular news story right now and I have been seeing some people try to exercise their right to film LEOs in very stupid manners/situations.