Texas Code of Criminal Procedure Art. 17.151. RELEASE BECAUSE OF DELAY.
Sec. 1. A defendant who is detained in jail pending trial of an accusation against him must be released either on personal bond or by reducing the amount of bail required, if the state is not ready for trial of the criminal action for which he is being detained within:
(1) 90 days from the commencement of his detention if he is accused of a felony;
(2) 30 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment in jail for more than 180 days;
(3) 15 days from the commencement of his detention if he is accused of a misdemeanor punishable by a sentence of imprisonment for 180 days or less; or
(4) five days from the commencement of his detention if he is accused of a misdemeanor punishable by a fine only.
Sec. 2. The provisions of this article do not apply to a defendant who is:
(1) serving a sentence of imprisonment for another offense while the defendant is serving that sentence;
(2) being detained pending trial of another accusation against the defendant as to which the applicable period has not yet elapsed;
(3) incompetent to stand trial, during the period of the defendant's incompetence; or
(4) being detained for a violation of the conditions of a previous release related to the safety of a victim of the alleged offense or to the safety of the community under this article.
Just to add for those who are actually curious.
Further, the District Attorney/Prosecutor can pursue a case before it is indicted. However, from what I observed in Court proceedings those people actually go before the judge to take a Plea on the case and acknowledge that the case is Plea is before indictment. I believe that is the DA/Prosecutor's choice to pursue. Also, after the 90 days they can be released on a personal recognize bond and/or lower bound amount. If indicted the Bond amount can come down a bit lower based on what the Grand Jury Decides.
This is the process as granted by the Texas Code of Criminal Procedures so it's not something that is made up out of thin air or on the spot. Sometimes the Grand Jury can come back with an indictment a couple of days before the 90 day time period ends.
BTR: A hamburger can be indicted in Texas ..