Art. 39.03. OFFICERS WHO MAY TAKE THE DEPOSITION.  Upon the filing of such an affidavit and application, the court shall appoint, order or designate one of the following persons before whom such deposition shall be taken:
1. A district judge.
2. A county judge.
3. A notary public.
4. A district clerk.
5. A county clerk.
Such order shall specifically name such person and the time when and place where such deposition shall be taken.  Failure of a witness to respond thereto, shall be punishable by contempt by the court.  Such deposition shall be oral or written, as the court shall direct.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 60th Leg., p. 1741, ch. 659, Sec. 25, eff. Aug. 28, 1967.