Texas Constable
Encyclopedia
The Texas constable is enshrined in the Texas Constitution
of 1876 (Article 5, Section 18), which provides for the election of a constable
in each precinct of a county, and counties may have between one and eight precincts each depending on their population. The term of office for Texas constables is four years. However, when vacancies arise, the commissioner’s court of the respective county has the authority to appoint a replacement to serve out the remaining term.
In Texas, constables and their deputies are fully empowered peace officers with county-wide jurisdiction and thus, may legally exercise their authority in any precinct within their county;http://oag.state.tx.us/opinions/ga/ga0189.pdfhttp://oag.state.tx.us/opinions/ga/ga0349.pdf however, some constables’ offices limit themselves to providing law enforcement services only to their respective precinct, except in the case of serving civil and criminal process. Constables and their deputies may serve civil process in any precinct in their county and any contiguous county and can serve warrants anywhere in the state. Constables must have a peace officer license within 270 days of taking office, which is the same as every other police officer.
Local Government Code 86.0021 Qualifications; Removal
(a) A person is not eligible to serve as constable unless:
(1)the person is eligible to be licensed under Sections 1701.309 and 1701.312, Occupations Code, and:(A) has at least an Associate's Degree conferred by an institution of higher education accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board;(B) is a special investigator under Article 2.122(a), Code of Criminal Procedure; or(C) is an honorably retired peace officer or honorably retired federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357, Occupations Code; or(2) the person is an active or inactive licensed peace officer under Chapter 1701, Occupations Code.(b) On or before the 270th day after the date a constable takes office, the constable shall provide, to the commissioners court of the county in which the constable serves, evidence that the constable has been issued a permanent peace officer license under
Chapter 1701, Occupations Code. A constable who fails to provide evidence of licensure under this subsection or who fails to maintain a permanent license while serving in office forfeits the office and is subject to removal in a quo warranto
proceeding under Chapter 66, Civil Practice and Remedies Code.(c) The license requirement of Subsection (b) supersedes the license requirement of Section 1701.302, Occupations Code.
A common reading of these changes indicate that you must meet the specified qualifications to “serve” as constable in an either/or circumstance. If you are not currently or have been a Texas Commission on Law Enforcement Officers Standards and Education (or TCLEOSE) certified peace officer, an honorably retired Texas peace officer or Federal criminal investigator, you must have at least an Associates Degree from a college accepted by the Texas Higher Education Coordinating Board.
Nothing here indicates any qualifications necessary to run for the office, only for having those qualifications necessary to take the oath and “serve” as constable. Any person failing to meet those qualifications is subject to removal and those eligible to take the oath must provide the evidence of licensure to his commissioner’s court. A person eligible to serve without the license upon taking the oath has 270 days to obtain it or maintain it falls under the forfeiture of office of section (b).
We do not purport this to be a definitive legal opinion, but simply a generally held understanding of the legislative intent and language of the statute as altered.
The duties of a Texas constable generally include providing bailiff
s for the justice of the peace
court(s) within his precinct and serving process issued there and from any other court. Moreover, some constables’ offices limit themselves to only these activities but others provide patrol, investigative, and security services as well.
In 2000, there were 2,630 full-time deputies and 418 reserve deputies working for the 760 constables’ offices in Texas. Of this number, 35% were primarily assigned to patrol, 33% to serving process, 12% to court security, and 7% to criminal investigations. The Harris County Precinct 4 and 5 constables’ offices are the largest constables’ offices in Texas with over 300 deputies each.http://www.ojp.usdoj.gov/bjs/pub/pdf/csllea00.pdf
The Constitution of the Republic of Texas
(1836) provided for the election in each county of a sheriff and "a sufficient number of constables." During the ten years of the republic's existence, thirty-eight constables were elected in twelve counties, the first in Nacogdoches County and the largest number (thirteen) in Harrisburg (later Harris) County. Court records indicate that violent crime was rare in the republic, except when horse or cattle thieves entered Texas from Arkansas or Louisiana; most indictments were for nonlethal crimes such as illegal gambling or assaults resulting from fights or scuffles. Juan N. Seguín and Elliott M. Millican both served as constables during the republic.
Shortly after Texas became a state, an act passed by the legislature specified that the constable should be "the conservator of the peace throughout the county," adding that "it shall be his duty to suppress all riots, routs, affrays, fighting, and unlawful assemblies, and he shall keep the peace, and shall cause all offenders to be arrested, and taken before some justice of the peace." Constables were the most active law-enforcement officials in many counties during the early statehood of Texas.
After Texas seceded from the United States in 1861, many county offices, including that of constable, remained unfilled or were filled by men less competent than their predecessors. During the military occupation of Texas after the Civil War, the election of county officials all but ceased, as the Union military appointed more than 200 individuals to state and county offices. A number of these appointees refused to serve; from 1865 to 1869, over one-third of the county offices in Texas were vacant. Many counties had no appointed or elected constables during this period. Austin, DeWitt, Fayette, McLennan, and Navarro counties had but a single constable each, appointed by Gen. Edward R. S. Canby, head of the Fifth Military District
, in 1868-69.
Under the Constitution of 1869, a Reconstruction document that centralized many governmental functions, no constables were elected in Texas from 1869 to 1872, though some were appointed by justices of the peace. Many of these appointees lacked experience in handling violent offenders and access to secure jail facilities, and had few deputies to call upon for assistance. They were no match for the poor, embittered, and heavily armed former soldiers from both sides who roamed the state, often turning to crime. As a result, the office of constable began to diminish in importance, and the better-equipped county sheriffs began to assume a leading role in law enforcement. Still, a number of prominent Texas peace officers of the late nineteenth and twentieth centuries began their careers as constables or deputy constables, including Thomas R. Hickman, George A. Scarborough, and Jess Sweeten. In 1896, while serving as a United States deputy marshal, Scarborough shot and killed the controversial El Paso constable John Selman
, who had himself gunned down the notorious John Wesley Hardin
in 1895.
The Constitution of 1876, designed to decentralize control of the state government, reduced the power of many state officials and mandated that constables would once again be elected at the precinct level. A 1954 constitutional amendment extended their term of office from two years to four. Today, constables numbering approximately 780 are elected from precincts in most Texas counties. Their law-enforcement roles vary widely, but in general their police powers are no different from those of other peace officers in the state.
Complete records do not exist, but the most recent estimate is that at least ninety-three Texas constables have died in the line of duty, including sixty-seven in the twentieth century.
Contrary to popular belief, the constable is not the only official with the power to arrest a sheriff
or governor
. All peace officers have the same arrest authority.
Texas Constitution
The Constitution of the State of Texas is the document that describes the structure and function of the government of the U.S. State of Texas.Texas has had seven constitutions: the constitution of Coahuila y Tejas, the 1836 Constitution of the Republic of Texas, the state constitutions of 1845,...
of 1876 (Article 5, Section 18), which provides for the election of a constable
Constable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
in each precinct of a county, and counties may have between one and eight precincts each depending on their population. The term of office for Texas constables is four years. However, when vacancies arise, the commissioner’s court of the respective county has the authority to appoint a replacement to serve out the remaining term.
In Texas, constables and their deputies are fully empowered peace officers with county-wide jurisdiction and thus, may legally exercise their authority in any precinct within their county;http://oag.state.tx.us/opinions/ga/ga0189.pdfhttp://oag.state.tx.us/opinions/ga/ga0349.pdf however, some constables’ offices limit themselves to providing law enforcement services only to their respective precinct, except in the case of serving civil and criminal process. Constables and their deputies may serve civil process in any precinct in their county and any contiguous county and can serve warrants anywhere in the state. Constables must have a peace officer license within 270 days of taking office, which is the same as every other police officer.
New constable qualifications
Constable qualifications as changed by HB 1588 79th Regular Session of the Texas LegislatureLocal Government Code 86.0021 Qualifications; Removal
(a) A person is not eligible to serve as constable unless:
(1)the person is eligible to be licensed under Sections 1701.309 and 1701.312, Occupations Code, and:(A) has at least an Associate's Degree conferred by an institution of higher education accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board;(B) is a special investigator under Article 2.122(a), Code of Criminal Procedure; or(C) is an honorably retired peace officer or honorably retired federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357, Occupations Code; or(2) the person is an active or inactive licensed peace officer under Chapter 1701, Occupations Code.(b) On or before the 270th day after the date a constable takes office, the constable shall provide, to the commissioners court of the county in which the constable serves, evidence that the constable has been issued a permanent peace officer license under
Chapter 1701, Occupations Code. A constable who fails to provide evidence of licensure under this subsection or who fails to maintain a permanent license while serving in office forfeits the office and is subject to removal in a quo warranto
Quo warranto
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.-History:...
proceeding under Chapter 66, Civil Practice and Remedies Code.(c) The license requirement of Subsection (b) supersedes the license requirement of Section 1701.302, Occupations Code.
A common reading of these changes indicate that you must meet the specified qualifications to “serve” as constable in an either/or circumstance. If you are not currently or have been a Texas Commission on Law Enforcement Officers Standards and Education (or TCLEOSE) certified peace officer, an honorably retired Texas peace officer or Federal criminal investigator, you must have at least an Associates Degree from a college accepted by the Texas Higher Education Coordinating Board.
Nothing here indicates any qualifications necessary to run for the office, only for having those qualifications necessary to take the oath and “serve” as constable. Any person failing to meet those qualifications is subject to removal and those eligible to take the oath must provide the evidence of licensure to his commissioner’s court. A person eligible to serve without the license upon taking the oath has 270 days to obtain it or maintain it falls under the forfeiture of office of section (b).
We do not purport this to be a definitive legal opinion, but simply a generally held understanding of the legislative intent and language of the statute as altered.
The duties of a Texas constable generally include providing bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
s for the justice of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
court(s) within his precinct and serving process issued there and from any other court. Moreover, some constables’ offices limit themselves to only these activities but others provide patrol, investigative, and security services as well.
In 2000, there were 2,630 full-time deputies and 418 reserve deputies working for the 760 constables’ offices in Texas. Of this number, 35% were primarily assigned to patrol, 33% to serving process, 12% to court security, and 7% to criminal investigations. The Harris County Precinct 4 and 5 constables’ offices are the largest constables’ offices in Texas with over 300 deputies each.http://www.ojp.usdoj.gov/bjs/pub/pdf/csllea00.pdf
History
On March 5, 1823, John Jackson Tumlinson Sr.,the first alcalde of the Colorado district of the Old 300 of Stephen Fuller Austin's colony, is considered by many Texas Ranger historians to be the first Texas Ranger killed in the line of duty. He wrote to the Baron de Bastrop in San Antonio that he had "appointed but one officer who acts in the capacity of constable to summon witnesses and bring offenders to justice." That appointee, Thomas V. Alley, thus became the first Anglo law enforcement officer in the future republic and state of Texas. Other prominent colonists who served as constable included John Austin and James Strange.The Constitution of the Republic of Texas
Republic of Texas
The Republic of Texas was an independent nation in North America, bordering the United States and Mexico, that existed from 1836 to 1846.Formed as a break-away republic from Mexico by the Texas Revolution, the state claimed borders that encompassed an area that included all of the present U.S...
(1836) provided for the election in each county of a sheriff and "a sufficient number of constables." During the ten years of the republic's existence, thirty-eight constables were elected in twelve counties, the first in Nacogdoches County and the largest number (thirteen) in Harrisburg (later Harris) County. Court records indicate that violent crime was rare in the republic, except when horse or cattle thieves entered Texas from Arkansas or Louisiana; most indictments were for nonlethal crimes such as illegal gambling or assaults resulting from fights or scuffles. Juan N. Seguín and Elliott M. Millican both served as constables during the republic.
Shortly after Texas became a state, an act passed by the legislature specified that the constable should be "the conservator of the peace throughout the county," adding that "it shall be his duty to suppress all riots, routs, affrays, fighting, and unlawful assemblies, and he shall keep the peace, and shall cause all offenders to be arrested, and taken before some justice of the peace." Constables were the most active law-enforcement officials in many counties during the early statehood of Texas.
After Texas seceded from the United States in 1861, many county offices, including that of constable, remained unfilled or were filled by men less competent than their predecessors. During the military occupation of Texas after the Civil War, the election of county officials all but ceased, as the Union military appointed more than 200 individuals to state and county offices. A number of these appointees refused to serve; from 1865 to 1869, over one-third of the county offices in Texas were vacant. Many counties had no appointed or elected constables during this period. Austin, DeWitt, Fayette, McLennan, and Navarro counties had but a single constable each, appointed by Gen. Edward R. S. Canby, head of the Fifth Military District
Fifth Military District
The 5th Military District was a temporary administrative unit of the United States set up during the Reconstruction period following the American Civil War. It included Texas, from Brazos Santiago Harbor, , at the Mexican border, north to Louisiana. General Philip Sheridan served as its first...
, in 1868-69.
Under the Constitution of 1869, a Reconstruction document that centralized many governmental functions, no constables were elected in Texas from 1869 to 1872, though some were appointed by justices of the peace. Many of these appointees lacked experience in handling violent offenders and access to secure jail facilities, and had few deputies to call upon for assistance. They were no match for the poor, embittered, and heavily armed former soldiers from both sides who roamed the state, often turning to crime. As a result, the office of constable began to diminish in importance, and the better-equipped county sheriffs began to assume a leading role in law enforcement. Still, a number of prominent Texas peace officers of the late nineteenth and twentieth centuries began their careers as constables or deputy constables, including Thomas R. Hickman, George A. Scarborough, and Jess Sweeten. In 1896, while serving as a United States deputy marshal, Scarborough shot and killed the controversial El Paso constable John Selman
John Selman
John Selman was an outlaw and sometimes lawman of the Old West. He is best known as the man who shot outlaw John Wesley Hardin in the Acme Saloon in El Paso, Texas on August 19, 1895.-Early life, service with the Confederacy:...
, who had himself gunned down the notorious John Wesley Hardin
John Wesley Hardin
John Wesley Hardin was an American outlaw, gunfighter, and controversial folk hero of the Old West. He was born in Bonham, Texas. Hardin found himself in trouble with the law at an early age, and spent the majority of his life being pursued by both local lawmen and federal troops of the...
in 1895.
The Constitution of 1876, designed to decentralize control of the state government, reduced the power of many state officials and mandated that constables would once again be elected at the precinct level. A 1954 constitutional amendment extended their term of office from two years to four. Today, constables numbering approximately 780 are elected from precincts in most Texas counties. Their law-enforcement roles vary widely, but in general their police powers are no different from those of other peace officers in the state.
Complete records do not exist, but the most recent estimate is that at least ninety-three Texas constables have died in the line of duty, including sixty-seven in the twentieth century.
Constable's jurisdiction
Constables may make a warrantless arrest for any offense committed in their presence or view anywhere in Texas, except for offenses under Texas Transportation Code title 7. subtitle C, which covers most traffic moving violations. However, they may enforce all state and local laws while in their county, including traffic offenses. Constables may serve arrest warrants anywhere in Texas.Constable myth
Myth: The constable is the only official that can arrest a Sheriff or Governor.Contrary to popular belief, the constable is not the only official with the power to arrest a sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
or governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
. All peace officers have the same arrest authority.