Tex. Code Crim. Proc. art. 18.13
Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
If the magistrate be not satisfied, upon investigation, that there was good ground for the issuance of the warrant, he shall discharge the defendant and order restitution of the property taken from him, except for criminal instruments. In such case, the criminal instruments shall be kept by the sheriff subject to the order of the proper court.
Tex. Code Crim. Proc. § 18.13