Section 40.565 - Rule 1004. Admissibility of other evidence of contentsThe original is not required, and other evidence of the contents of a writing, recording or photograph is admissible when:
(1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;(2) An original cannot be obtained by any available judicial process or procedure;(3) At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and the party does not produce the original at the hearing; or(4) The writing, recording or photograph is not closely related to a controlling issue.