(a) A written or recorded deposition taken under Article 39.02, 39.025, or 39.026 in a criminal action may 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.