Texas Code of Criminal Procedure - CRIM P Art. § 2B.0202. Recording of Custodial Interrogation Required; Exceptions

(1) Section 19.02 (murder);

(2) Section 19.03 (capital murder);

(3) Section 20.03 (kidnapping);

(4) Section 20.04 (aggravated kidnapping);

(5) Section 20A.02 (trafficking of persons);

(6) Section 20A.03 (continuous trafficking of persons);

(7) Section 21.02 (continuous sexual abuse of young child or disabled individual);

(8) Section 21.11 (indecency with a child);

(9) Section 21.12 (improper relationship between educator and student);

(10) Section 22.011 (sexual assault);

(11) Section 22.021 (aggravated sexual assault); or

(12) Section 43.25 (sexual performance by a child).

(1) begins at or before the time the individual being interrogated enters the area of the place of detention in which the custodial interrogation will take place or receives a warning described by Section 2(a), Article 38.22, whichever is earlier; and

(2) continues until the time the interrogation ends.

(1) the individual being interrogated refused to respond or cooperate in a custodial interrogation at which an electronic recording was being made, provided that:

(2) the statement was not made as the result of a custodial interrogation, including a statement that was made spontaneously by the accused and not in response to a question by a peace officer;

(3) the peace officer or agent of the law enforcement agency conducting the interrogation attempted, in good faith, to record the interrogation but:

(4) exigent public safety concerns prevented or rendered infeasible the making of an electronic recording of the statement; or

(5) the peace officer or agent of the law enforcement agency conducting the interrogation reasonably believed at the time the interrogation commenced that the individual being interrogated was not taken into custody for or being interrogated concerning the commission of an offense listed in Subsection (a).