Texas Constable

The Texas constable is provided for in the Texas Constitution of 1876 (Article 5, Section 18), which calls for the election of a constable in each Texas 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. If no person is elected and qualified under law to fill an office of constable for seven consecutive years, the respective commissioner's court may declare the office dormant and it may not be filled by election or appointment. However, the commissioner's court may reinstate the office by a majority vote or by calling an election where a majority of precinct voters approve it.

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. 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 arrest warrants anywhere in the state. The duties of a Texas constable generally include providing bailiffs 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.

Constable qualifications as changed by HB 1588 of the 79th Regular Session of the Texas Legislature:

Local Government Code 86.0021 (Qualifications; Removal)

On March 5, 1823, John 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.

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