Shown verbatim: the complete text as captured from the official page posted by the Texas Legislature, fetched 2026-08-29. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the enrolled version. The official bill page.
H.B. No. 2348 AN ACT relating to the video recording of a deposition taken of the testimony of certain elderly or disabled persons in a criminal case. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 39.025, Code of Criminal Procedure, is amended by adding Subsection (b-1) to read as follows: (b-1) On the motion of either party, the court may order the attorney representing the state to take the deposition of an elderly or disabled person by video recording. The person operating the video recording device must be available to testify regarding the authenticity of the video recording and the taking of the deposition in order for the video recording to be admissible. SECTION 2. Article 39.12, Code of Criminal Procedure, is amended to read as follows: Art. 39.12. PREDICATE TO READ OR PUBLISH DEPOSITION. (a) A written or recorded deposition [Depositions] taken under Article 39.02, 39.025, or 39.026 in a criminal action may [actions shall] not be read or published unless oath be made that the witness resides out of the state; or that since the deposition was taken, the witness has died; or that the witness has removed beyond the limits of the state; or that the witness has been prevented from attending the court through the act or agency of the defendant; or by the act or agency of any person whose object was to deprive the state or the defendant of the benefit of the testimony; or that by reason of age or bodily infirmity, the witness cannot attend; or that the witness is a Medicaid or Medicare recipient or a caregiver or guardian of the recipient, and the recipient's Medicaid or Medicare account was charged for a product or service that was not provided or rendered to the recipient. (b) When the deposition is sought to be used by the state, the oath may be made by any credible person. When the deposition is sought to be used by the defendant, the oath shall be made by the defendant in person. SECTION 3. The change in law made by this Act applies only to a criminal proceeding that commences on or after the effective date of this Act. A criminal proceeding that commences before the effective date of this Act is governed by the law in effect on the date the proceeding commenced, and the former law is continued in effect for that purpose. SECTION 4. This Act takes effect September 1, 2025. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2348 was passed by the House on May 14, 2025, by the following vote: Yeas 125, Nays 13, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 2348 was passed by the Senate on May 28, 2025, by the following vote: Yeas 29, Nays 2. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor
Every fact on this page links to its source, starting with the official bill record.