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Texas is what is commonly called a "one party consent" state, which means that if one party to the conversation knows the conversation is being recorded and consents to the recording, the other party need not. Here is a longer overview of the Texas law:

http://www.citmedialaw.org/legal-guide/texas/texas-recording-law

However, even assuming that it is legal to record the conversation, there may be limits on the use of that recording. For instance, depending upon how the state of Texas recognizes and applies the marital/spousal privileges, such a recording might not be admissible as evidence in a legal proceeding.

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Q: Is it legal to tape a husband and wife conversation in Texas?
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