Tex. Code Crim. Proc. art. 4.06
Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Upon the trial of a felony case, the court shall hear and determine the case as to any grade of offense included in the indictment, whether the proof shows a felony or a misdemeanor.
Tex. Code Crim. Proc. § 4.06