Yes, You CAN Legally Record Or Photograph Police In Texas – If ..
Many people are unsure at to whether filming or photographing police is legal in Texas. It absolutely IS but there are a few restrictions you should know about.
The biggest thing is, basically, don't get in the way. Anyone deemed an "interference" can, and most likely will, be busted.
Do that and here is what could happen next:
The Texas Penal Code Section 38.15 on interference with public duties states that a person commits a Class B misdemeanor if the person with criminal negligence interrupts, disrupts, impedes or otherwise interferes with a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law. - star-telegram.com
That also, by the way, applies to filming other emergency peeps like EMT's, firefighters, etc.
Now, assuming you're not messing them up, you're good to go. In fact, according to The Webb Firm, video is becoming more and more important.
Oftentimes, judges and juries are predisposed to believe police officer testimony. Sometimes, a video showing what really happened is the only way to overcome this bias.” - webbfirm.com
The cops even film themselves these days and, sometimes, that doesn't go well for them.
Whether they like it or not, you can do it ... just stay out of the freakin' way. Also, you should always be very mindful of where you are.
If you're on private property that's yours, or the activity you're filming can be seen clearly in a public place, you're ok.
If you're on private property, the owner of the property can order you to leave.
Even if he had previously invited you. Not leaving can get you charged with trespassing.
Webb Firm adds that cops can't confiscate your phone, even if you get arrested, nor can they delete anything from it.
Also, be sure you tell them that you do not consent to them looking through your phone or viewing footage or photos.
For more on what to do if the man tells you to stop filming, click here.