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Texas constables and their deputies are law enforcement officers who generally have the same powers as police officers but also have added responsibilities in civil law processes.
Constables serve as bailiffs (court security) in justice of the peace courts and serve civil papers on their behalf. That means they deliver court papers to parties in a case, such as subpoenas, injunctions, and restraining orders.
Much like police officers and sheriffs, constables usually have their own dedicated patrol vehicles and uniforms. They may serve warrants, issue traffic tickets, and arrest suspects on probable cause.
Duties of Constables
By law, other duties of Texas constables include:
- seizing property with a court order
- executing writs of garnishment
- confiscating illegally placed outdoor signs
- impounding cruelly-treated animals
- summoning persons to jury duty
- running truancy programs.
Off-duty constables may serve eviction notices out of uniform as a “private process server.”
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Organization of Constables’ Offices
Like sheriffs, constables are elected officials who serve four-year terms. With the permission of the county commissioners court, constables may hire deputy constables, reserve deputies, or office staff.
In larger counties there are up to eight constable precincts, each of which may employ hundreds of personnel. Smaller counties may have only a single constable, with few deputies or none.
The office of constable dates to the foundation of the Republic of Texas. The 1836 constitution provided for the election in each county of a sheriff and “a sufficient number of constables.”
The modern constitution provides for the election of a constable in each precinct of a county, which number from one to eight per county. The constitution makes exceptions for Mills County, Reagan County, and Roberts County, where the office is abolished.
Texas statutes, the Texas Rules of Civil Procedure, and the Texas Constitution govern the authority of constables, though the actual duties that they perform may vary by county.
Eligibility and Training
To serve as a constable, a person must not have a felony conviction and must be a registered voter in the precinct where he or she is running for office.
Candidates must have an active or inactive peace officer license at the time of election, an associate’s degree or higher, or be a retired peace officer. If the license is inactive, the constable must provide proof of obtaining an active license within 270 days of taking office.
Constables must complete 40 hours of continuing education credits every two years, including 20 hours in civil process.
When a vacancy arises during a constable’s term, the commissioner’s court can appoint a replacement to finish the term.
If a constableship is vacant for seven years, the county commissioners court can declare it dormant but may reinstate it with a majority vote.
Common Misconceptions about Constables
One common misconception about constables is that they only serve court papers. While serving legal documents like subpoenas and restraining orders is a significant part of their job, constables also have a variety of other law enforcement duties. These can include making arrests, serving warrants, issuing traffic tickets, and even handling situations involving animal cruelty or illegal signs. Their role is much broader than just paperwork.
Another misconception is that constables are just “assistants” to sheriffs or police officers. While constables may work alongside other law enforcement agencies, they have their own unique responsibilities, especially in civil law. They are elected officials with a distinct role, and their duties often focus on legal processes that other officers don’t handle, such as evictions and managing jury duty summons.
Some people also think that constables don’t have the same authority as police officers or sheriffs. In reality, constables in Texas have similar powers to those of police officers, including the ability to arrest individuals and carry out law enforcement duties. The main difference is that constables often work more closely with the court system, performing specific civil law functions in addition to traditional law enforcement tasks.
Lastly, there can be confusion about the title “constable.” In many cases, the term “constable” refers generally to the office of constable in a particular area, not the elected official who heads that office. For example, a deputy constable might drive a vehicle marked with “CONSTABLE,” but they are not the elected constable.
