If an exception to an indictment or information is taken and sustained upon the ground that there is no offense against the law charged therein, the defendant shall be discharged, unless an affidavit be filed accusing him of the commission of a penal offense.
Tex. Code Crim. Proc. art. 28.07
IF EXCEPTION IS THAT NO OFFENSE IS CHARGED
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.