Art. 7.10. MAY DISCHARGE DEFENDANT.  If the magistrate believes from the evidence that there is no good reason to apprehend that the offense was intended or will be committed, or that no serious threat was made by the defendant, he shall discharge the accused, and may, in his discretion, tax the cost of the proceeding against the party making the complaint.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.