Tex. Code Crim. Proc. art. 28.05
Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
If the motion to set aside or the exception to the indictment in cases of felony be sustained, the defendant shall not therefor be discharged, but may immediately be recommitted by order of the court, upon motion of the State's attorney or without motion; and proceedings may afterward be had against him as if no prosecution had ever been commenced.
Tex. Code Crim. Proc. § 28.05