CHAPTER 86. CONSTABLE
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(e) Repealed by Acts 1995, 74th Leg., ch. 683, Sec. 1, eff.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.