Tex. Code Crim. Proc. art. 28.04
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 an indictment or information is sustained, the defendant in a misdemeanor case shall be discharged, but may be again prosecuted within the time allowed by law.
Tex. Code Crim. Proc. § 28.04