Tex. R. App. P. 31.4

As amended through February 20, 2024
Rule 31.4 - Stay of Mandate
(a)When Motion for Stay Required. Despite Rule 18 or any other of these rules, in the following circumstances a party who in good faith intends to seek discretionary review must - within 15 days after the court of appeals renders judgment - file with the court of appeals clerk a motion for stay of mandate, to which is appended the party's petition for discretionary review showing reasons why the Court of Criminal Appeals should review the appellate court judgment:
(1) when a court of appeals affirms the judgment of the trial court in an extradition matter and thereby sanctions a defendant's extradition; or
(2) when a court of appeals reverses the trial court's judgment in a bail matter - including bail pending appeal under Code of Criminal Procedure article 44.04(g) - and thereby grants or reduces the amount of bail.
(b)Determination of the Motion. The clerk must promptly submit the motion and appendix to the court of appeals, or to one or more judges as the court deems appropriate, for immediate consideration and determination.
(1) If the motion for stay is granted, the clerk will immediately forward the petition for discretionary review to the clerk of the Court of Criminal Appeals.
(2) If the motion is denied, the clerk will issue a mandate in accordance with the court of appeals' judgment.
(c)Denial of Stay. If the motion for stay is denied under 31.4(b)(2), the losing party may then present the motion and appendix to the clerk of the Court of Criminal Appeals, who will promptly submit them to the Court, or to one or more judges as the Court deems appropriate, for immediate consideration and determination. The Court of Criminal Appeals may deny the motion or stay or recall the mandate. If the mandate is stayed or recalled, the clerk of the Court of Criminal Appeals will file the petition for discretionary review and process the case in accordance with Rule 68.7.

Tex. R. App. P. 31.4