Tex. Code Crim. Proc. art. 11.44
Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
The judge or court, after having examined the return and all documents attached, and heard the testimony offered on both sides, shall, according to the facts and circumstances of the case, proceed either to remand the party into custody, admit him to bail or discharge him; provided, that no defendant shall be discharged after indictment without bail.
Tex. Code Crim. Proc. § 11.44