§ 22.027.News Media Recordings

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 22. Witnesses · Subchapter C. Journalist's Qualified Testimonial Privilege in Civil Proceedings · Last amended 2009 · Last verified August 29, 2026

In one sentenceSection 22.027 removes the need for extrinsic authentication of a recording purporting to be a broadcast by an FCC-licensed station, and allows judicial notice of the licence.

Full Text of § 22.027

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Extrinsic evidence of the authenticity of evidence as a condition precedent to the admissibility of the evidence in a civil proceeding is not required with respect to a recording that purports to be a broadcast by a radio or television station that holds a license issued by the Federal Communications Commission at the time of the recording. The court may take judicial notice of the recording license as provided by Rule 201, Texas Rules of Evidence.

End

Plain-English Summary

An evidentiary convenience sitting at the end of the shield law subchapter.

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required for a recording that purports to be a broadcast by a radio or television station holding an FCC licence at the time of the recording. The court may take judicial notice of the recording licence under Rule 201 of the Texas Rules of Evidence.

The self-authentication is confined to licensed broadcasters. A recording of a licensed station's broadcast carries reliability markers a private recording does not — station identification, timing, and a regulated licensee accountable for what it transmits.

Without the section, a party offering a broadcast would need a station witness to authenticate it, which is a call on the newsroom's time in a case the station has no stake in. The provision fits the subchapter's concern with keeping journalists out of other people's litigation.

"Purports to be" sets a low threshold and does not foreclose challenge. Authentication is not required as a condition precedent to admissibility; a party contending the recording is not what it appears remains free to prove it.

Frequently Asked Questions

Do I need to authenticate a TV broadcast recording in Texas?

Not by extrinsic evidence, where the recording purports to be a broadcast by a radio or television station holding an FCC licence at the time.

How is the licence proved?

The court may take judicial notice of it under Rule 201 of the Texas Rules of Evidence.

Can the recording still be challenged?

Yes. The section removes authentication as a condition precedent to admissibility; it does not make the recording unchallengeable.

Amendment History

Added by Acts 2009, 81st Leg., R.S., Ch. 29 (H.B. 670), Sec. 1, eff. May 13, 2009.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source