CHAPTER 86. CONSTABLE - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 3. ORGANIZATION OF COUNTY GOVERNMENT

SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS

CHAPTER 86. CONSTABLE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 86.001. ELIGIBILITY TO SERVE AFTER BOUNDARY CHANGE. A

person who has served as the constable of a precinct for 10 or

more consecutive years before a change is made in the boundaries

of the precinct is not ineligible for reelection in the precinct

because of residence outside the precinct if the constable's

residence is within the boundaries of the precinct as they

existed before the change.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 86.002. OATH; BOND. (a) Before entering on the duties of

office, a person who is elected to the office of constable must

execute a bond with two or more good and sufficient sureties or

with a solvent surety company authorized to do business in this

state. The bond must be payable to the governor and the

governor's successors in office and conditioned that the

constable will faithfully perform the duties imposed by law. The

bond must be approved by the commissioners court of the county.

The commissioners court shall set the bond in an amount of not

less than $500 or more than $1,500.

(b) A person who is elected constable must also take and sign

the constitutional oath of office. The oath shall be endorsed on

the bond, together with the certificate of the officer who

administers the oath. The bond and oath must be deposited and

recorded in the office of the clerk of the county court.

(c) The bond is not void on the first recovery but may be sued

on from time to time in the name of an injured party until the

whole amount of the bond is recovered.

(d) A person who is elected or appointed to the office of

constable and who has given the necessary bond and taken the oath

of office may immediately perform the duties of the office. The

acts of the constable are as valid in law as if the constable

were commissioned.

(e) Repealed by Acts 1995, 74th Leg., ch. 683, Sec. 1, eff. Aug.

28, 1995.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1995, 74th Leg., ch. 683, Sec. 1, eff. Aug. 28,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1094, Sec. 18, eff. September 1, 2005.

Sec. 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.

Added by Acts 1997, 75th Leg., ch. 884, Sec. 3, eff. Jan. 1,

1998. Amended by Acts 1999, 76th Leg., ch. 877, Sec. 1, eff. Aug.

30, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.821, eff. Sept.

1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

954, Sec. 1, eff. June 18, 2005.

Sec. 86.003. NEW BOND; REMOVAL. (a) If any of the sureties of

a constable dies, permanently moves from this state, becomes

insolvent, or is released from liability as provided by law or if

the commissioners court determines that the bond of the constable

is insufficient, the court shall issue a citation that requires

the constable to appear at a time set in the citation, after the

10th day but on or before the 30th day after the date the

citation is issued, in order to execute a new bond with good and

sufficient surety.

(b) If the constable neglects or refuses to appear to execute

the bond at the designated time, the constable shall cease to

perform the duties of the office and shall be removed from office

by the judge of the district court in the manner provided by law

for the removal of county officers.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER B. DEPUTIES

Sec. 86.011. APPOINTMENT OF DEPUTY CONSTABLE. (a) An elected

constable who desires to appoint a deputy must apply in writing

to the commissioners court of the county and show that it is

necessary to appoint a deputy in order to properly handle the

business of the constable's office that originates in the

constable's precinct. The application must state the name of the

proposed deputy. The commissioners court shall approve and

confirm the appointment of the deputy only if the commissioners

court determines that the constable needs a deputy to handle the

business originating in the precinct.

(b) Each deputy constable must qualify in the manner provided

for deputy sheriffs.

(c) The constable is responsible for the official acts of each

deputy of the constable. The constable may require a deputy to

post a bond or security. A constable may exercise any remedy

against a deputy or the deputy's surety that a person may

exercise against the constable or the constable's surety.

(d) A person commits an offense if the person:

(1) serves as a deputy constable and the person has not been

appointed as provided by Subsection (a); or

(2) is a constable and issues a deputyship without the consent

and approval of the commissioners court.

(e) An offense under Subsection (d) is punishable by a fine of

not less than $50 or more than $1,000.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 86.012. RESERVE DEPUTY CONSTABLES. (a) The commissioners

court of a county may authorize a constable of the county to

appoint reserve deputy constables. The commissioners court may

limit the number of reserve deputy constables that a constable

may appoint.

(b) A reserve deputy constable serves at the discretion of the

constable and may be called into service at any time that the

constable considers it necessary to have additional officers to

preserve the peace and enforce the law. The constable may

authorize a reserve deputy constable who is a peace officer as

described by Article 2.12, Code of Criminal Procedure, to carry a

weapon or act as a peace officer at all times, regardless of

whether the reserve deputy constable is engaged in the actual

discharge of official duties, or may limit the authority of the

reserve deputy constable to carry a weapon or act as a peace

officer to only those times during which the reserve deputy

constable is engaged in the actual discharge of official duties.

A reserve deputy constable who is not a peace officer as

described by Article 2.12, Code of Criminal Procedure, may act as

a peace officer only during the actual discharge of official

duties. A reserve deputy constable, regardless of whether the

reserve deputy constable is a peace officer as described by

Article 2.12, Code of Criminal Procedure, is not:

(1) eligible for participation in any program provided by the

county that is normally considered a financial benefit of

full-time employment or for any pension fund created by statute

for the benefit of full-time paid peace officers; or

(2) exempt from Chapter 1702, Occupations Code.

(c) A reserve deputy constable must take the official oath and

must execute a bond in the amount of $2,000, payable to the

constable. The oath and bond must be filed with the county clerk

of the county in which the appointment is made. The oath and bond

must be given before the reserve deputy constable's entry on duty

and simultaneously with the officer's appointment.

(d) While actively engaged in an assigned duty at the call of

the constable, a reserve deputy constable is vested with the same

rights, privileges, and duties of any other peace officer in this

state.

(e) The county and the constable do not incur any liability by

reason of the appointment of a reserve deputy constable if the

reserve deputy constable incurs a personal injury while serving

in that capacity.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1999, 76th Leg., ch. 90, Sec. 3, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.822, eff. Sept. 1,

2001.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 86.021. GENERAL POWERS AND DUTIES. (a) A constable shall

execute and return as provided by law each process, warrant, and

precept that is directed to the constable and is delivered by a

lawful officer. Notices required by Section 24.005, Property

Code, relating to eviction actions are process for purposes of

this section that may be executed by a constable.

(b) A constable may execute any civil or criminal process

throughout the county in which the constable's precinct is

located and in other locations as provided by the Code of

Criminal Procedure or by any other law.

(c) A constable expressly authorized by statute to perform an

act or service, including the service of civil or criminal

process, citation, notice, warrant, subpoena, or writ, may

perform the act or service anywhere in the county in which the

constable's precinct is located.

(d) Regardless of the Texas Rules of Civil Procedure, all civil

process may be served by a constable in the constable's county or

in a county contiguous to the constable's county, except that a

constable who is a party to or interested in the outcome of a

suit may not serve any process related to the suit. All civil

process served by a constable at any time or place is presumed to

be served in the constable's official capacity if under the law

the constable may serve that process in the constable's official

capacity. A constable may not under any circumstances retain a

fee paid for serving civil process in the constable's official

capacity other than the constable's regular salary or

compensation. Any fee paid to a constable for serving civil

process in the constable's official capacity shall be deposited

with the county treasurer of the constable's county.

(e) The constable shall attend each justice court held in the

precinct.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 13(a), eff. Aug. 28,

1989; Acts 1997, 75th Leg., ch. 884, Sec. 1, eff. Jan. 1, 1998.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

846, Sec. 1, eff. September 1, 2009.

Sec. 86.022. POWER TO SUMMON RESIDENT ASSISTANCE. (a) If a

constable encounters resistance in the execution of any lawful

process or in the arrest of an offender, the constable may call

for assistance any resident of the county who is convenient.

(b) A person who fails or refuses to obey a call for assistance

may, on the motion of the constable, be fined by a justice of the

peace in the manner provided for contempt. The amount of the fine

may not exceed $10. The person who is accused of not providing

assistance must be given three days' notice of the motion.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 86.023. COLLECTION LIABILITY. If, for collection, a

constable receives a bond, bill, note, or account from any person

and the constable gives a receipt in an official capacity for the

instrument or account, the constable and the constable's sureties

are liable under the constable's bond for the amount collected if

the constable fails to pay the amount on demand to the person for

whom the constable made the collection.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 86.024. FAILURE TO EXECUTE PROCESS. (a) If a constable

fails or refuses to execute and return according to law a

process, warrant, or precept that is lawfully directed and

delivered to the constable, the constable shall be fined for

contempt before the court that issued the process, warrant, or

precept on the motion of the person injured by the failure or

refusal. This section does not apply to actions brought under or

that could have been brought under Chapter 34, Civil Practice and

Remedies Code.

(b) The fine shall be set at not less than $10 or more than

$100, with costs. The fine shall be for the benefit of the

injured person. The constable must be given 10 days' notice of

the motion.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

421, Sec. 6, eff. September 1, 2007.

Sec. 86.025. UNFINISHED BUSINESS. If a constable vacates the

office for any reason, all unfinished business shall be

transferred to the succeeding constable and completed in the same

manner as if the successor had begun the business.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.