Tex. Code Crim. Proc. art. 37.14
Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
If a defendant, prosecuted for an offense which includes within it lesser offenses, be convicted of an offense lower than that for which he is indicted, and a new trial be granted him, or the judgment be arrested for any cause other than the want of jurisdiction, the verdict upon the first trial shall be considered an acquittal of the higher offense; but he may, upon a second trial, be convicted of the same offense of which he was before convicted, or any other inferior thereto.
Tex. Code Crim. Proc. § 37.14