If it appears by the return and papers attached that the party stands indicted for a capital offense, the judge or court having jurisdiction of the case shall, nevertheless, proceed to hear such testimony as may be offered on the part of the State and the applicant, and may either remand or admit him to bail, as the law and the facts may justify.
Tex. Code Crim. Proc. art. 11.41
WHERE PARTY IS INDICTED FOR CAPITAL OFFENSE
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.