Tex. Code Crim. Proc. art. 28.07
Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
If an exception to an indictment or information is taken and sustained upon the ground that there is no offense against the law charged therein, the defendant shall be discharged, unless an affidavit be filed accusing him of the commission of a penal offense.
Tex. Code Crim. Proc. § 28.07