DUTY/RESPONSIBILITY                                                                                                                                                                                                                                                                                                                                                                                                                                           AUTHORITY

1.    DESCRIPTION OF OFFICE

Local Government Code

Effect of boundary change term of office;

Secs. 81.021, 86.001

Bond with sureties required to take office;

Sec. 86.002

May be removed from office for failure to give new bond when required;

Sec. 86.003

Must maintain permanent peace officer license status while in office;

Sec. 86.0021

Office no longer deemed vacant for failure or refusal to give bond and take oath;

Sec. 86.002

Vacancy filled by commissioners court;

Sec. 87.041

Removal from office by district judge for incompetence or official misconduct;

Secs. 87.012–87.014

Complete unfinished business of predecessor;

Sec. 86.025

Commissioners court divide county into precincts for election of constable;

Secs. 81.021, 71.022

Government Code

Temporary justice of the peace may be appointed if office holder temporarily unable to perform duties;

Sec. 27.055

Texas Constitution

Transition from two-year to four-year term;

Art. XVI, Sec. 65

Elected in justice precinct for four years;

Art. V, Sec. 18

Civil Practice and Remedies Code

Liable for damages resulting from neglect of duties.

Sec. 7.001

2.    SERVICE OF PROCESS

The constable is the chief process server of the justice of the peace court, serves a variety of judicial processes and notices, and is responsible for property seized under such actions.

DUTY/RESPONSIBILITY                                                                                                                                                                                                                                                                                                                                                                                                                                           AUTHORITY

2. SERVICE OF PROCESS, continued

Local Government Code

Shall execute and return all processes, warrants, and precepts directed by lawful officers; attend upon all justice courts in his precinct;

Sec. 86.021

May serve eviction notices out of uniform as a private process server.

Sec.154.005(d)

May execute any civil or criminal process, throughout county and otherwise;

Sec. 86.021

Subject to fine for contempt (fine for benefit of party injured) for failure or refusal to execute or return process;

Sec. 86.024

Responsible on his bond for failure to pay money collected;

Sec. 86.023

Execute process issued by commissioners court;

Sec. 81.022

Serve notice of termination of surety of public officials;

Sec. 88.003

Government Code

Execute process issued by proper officer of any court martial in state military forces;

Sec. 432.188

Summon jurors for justice court in counties of 2.8 million;

Sec. 62.411

Agriculture Code

Seize and impound animals and notify owner, if known; give proper notice and sell impounded animals at public auction;

Sec. 142.001 et seq.

Civil Practices and Remedies Code

Subject to suit within five years for not returning execution;

Sec. 16.007

Texas Rules of Civil Procedure

All civil process may be served by a constable of the county in which party to be served is found;

Rule 103

Writs and process directed at constable or sheriff (form);

Rules 15, 16, 17

Serve issued citation by means of publication;

Rules 116, 117

DUTY/RESPONSIBILITY                                                                                                                                                                                                                                                                                                                                                                                                                                           AUTHORITY

2.    SERVICE OF PROCESS, continued

Texas Rules of Civil Procedure

Serve and return temporary injunction;

Rules 688, 689

Execute subpoenas;

Rule 176 et seq.

Summon persons to complete jury;

Rule 552

May sell perishable, seized personal property upon order of justice of the peace;

Rule 600

Make written return of such sale and pay proceeds to county clerk or justice of the peace;

Rule 604

Make report concerning disposition of property;

Rule 607

Execute and return distress warrant;

Rule 610 et seq.

Sell perishable property seized under distress warrant or writ of sequestration;

Rules 615, 710

Make written return of such;

Rule 618

Carry out execution of judgment;

Rule 637

Execute and return writ of garnishment;

Rule 663

Execute writ of sequestration;

Rule 699

Probate Code

Serve and return notices and citations in probate matters;

Sec. 33

May serve notice on attorney instead of party in probate proceedings.

Sec. 34

3.    LAW ENFORCEMENT DUTIES

The constable has several law enforcement duties as peace officer.

Local Government Code

May assist other law enforcement officers under interlocal agreements;

Secs. 362.001, 362.002, 362.003

May purchase firearm from county upon honorable retirement;

Sec. 170.002

Transportation Code

May confiscate illegally placed outdoor signs;

Sec. 393.003

DUTY/RESPONSIBILITY                                                                                                                                                                                                                                                                                                                                                                                                                                           AUTHORITY

3.    LAW ENFORCEMENT DUTIES, continued

Transportation Code

May enforce state traffic regulations;

Chapter 541 et seq.

May detain the operator of a motorcycle, motor driven cycle, or moped to determine if the model is certified;

Sec. 521.227

Must display badge before enforcing traffic laws;

Sec. 720.001

Designation by commissioners court of constable or deputy as a weight enforcement officer for county roads;

Sec. 621.4015

Health and Safety Code

May obtain warrant to impound cruelly-treated animals;

Chapter 821

Parks and Wildlife Code

Assist federal government with law enforcement in parks and recreational areas owned by Army;

Sec. 11.019 note

Texas Code of Criminal Procedure

May arrest without warrant for felonies or offenses against public peace committed in his view;

Art. 14.01

May arrest without a warrant by order of magistrate for offenses committed in magistrate’s view;

Art. 14.02

May request prosecuting attorney to seek judicial approval of interception of certain communications;

Art. 18.21

Penal Code

May seek prosecution for interference (other than speech) with the exercise of official duties;

Sec. 38.15

May seek prosecution for taking a firearm from a peace officer.

Sec. 38.14

4.    PERSONNEL DUTIES

The constable has duties regarding other county personnel.

DUTY/RESPONSIBILITY                                                                                                                                                                                                                                                                                                                                                                                                                                           AUTHORITY

4.    PERSONNEL DUTIES, continued

Local Government Code

Apply to commissioners court for deputies, assistants, or clerks (appointment, salaries described);

Sec. 151.001 et seq.

May appoint deputy constables (with application to commissioners court);

Sec. 86.011

Responsible for official acts of deputies and may require bond and security;

Sec. 86.011

Shall not incur liability for personal injury of reserve deputy constable;

Sec. 86.012

May be authorized by commissioners court to appoint reserve deputy constables (number may be limited by court);

Sec. 86.012

Complete unfinished business of predecessor;

Sec. 86.025

Government Code

May adjourn court (at default of sheriff) if county judge fails to appear;

Art. 26.003

Benefits and financial assistance for survivors of peace officers killed in line of duty.

Chapter 615

5.    STATE AGENCIES

The constable has duties and responsibilities related to state agencies.

Occupations Code

Subject to standards developed by the Commission on Law Enforcement Officers Standards and Education;

Sec. 1701.003

Government Code

Made associate member of Texas Department of Public Safety;

Sec. 411.009

Cooperate with director of public safety in crime prevention and public safety;

Sec. 411.009

Comply with order for cooperation from director of public safety;

Sec. 411.009

Execute process issued by proper officer of any court martial in state military forces;

Sec. 432.188

DUTY/RESPONSIBILITY                                                                                                                                                                                                                                                                                                                                                                                                                                           AUTHORITY

5.    STATE AGENCIES, continued

Government Code

Serve process and execute orders of State Commission on Judicial Conduct;

Sec. 33.028

Agriculture Code

May assist in the enforcement of the Nursery Stock Act (diseased plants);

Sec. 71.049

May assist state entomologist to serve all papers, orders, summons, and writs;

Sec. 131.104

Natural Resources Code

Execute all processes issued by the Texas Railroad Commission.

Sec. 81.092

6.    RECORDKEEPING, COMPENSATION, AND FINANCIAL TRANSACTIONS

The constable has duties related to keeping accounts of the financial transactions of his office, collecting fees, and compensation.

Local Government Code

Accounting forms used by constable to be prescribed by county auditor;

Secs. 112.001,112.002

Constable’s accounts subject to examination by county auditor or treasurer;

Sec. 115.901

Make settlement of accounts and fees collected into salary fund (general fund);

Sec. 154.001 et seq.

Keep a correct statement of all fees, deposits, and trust funds;

Sec. 114.041

Entitled to charge expenses for conduct of office;

Secs. 154.024, 154.044

Itemize fees charged for person chargeable;

Sec. 118.131 et seq.

Vernon’s Revised Civil Statutes

May receive reduced transportation rate for official business;

Art. 4015d