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.
Not to be confused: “Constable” may refer to the office of a constable in a particular area, not to the actual elected official. For example, an individual driving a vehicle that says “CONSTABLE,” may be a deputy constable and not the elected constable himself.
Eligibility and Training
To serve as a constable, a person must not have been convicted of a felony crime and must be a registered voter in the precinct where he or she is running for office.
The candidate must also have an active or inactive peace officer license at the time of election, or hold at least an associate’s degree, or be a retired peace officer. If the license is inactive the constable must show evidence of having obtained an active license within 270 days of taking office.
Constables must attain 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 has the authority to appoint a replacement to serve out the remainder of the term.
A constableship that remains unfilled for seven consecutive years can be declared dormant by the county commissioners court. However, they may reinstate the office by a majority vote.
