Constables - what are they used for in Texas???

[McReb]

Three or four years ago while waiting to go into the Astrodome for an Astros, I talked with a Harris County constable who was a captain retired from Texas DPS who turned down becoming a Ranger to become a constable captain. I was never able to ascertain what exactly constables do in Texas. He said something about statewide jurisdiction.

Deing from Mississippi, our constables here are minor law enforcement people whose distingishing characteristic is the ability to arrest the sheriff of a county in limited circumstances.

What can/do Texas constables do?

 

[musicman476]

Not from personal experience, but I know that one of the main duties of a constable is to deliver summons and divorce papers. I'm sure there is more to the scope of their responsibilities than that though!


Dustin

 

[nd5y]

http://www.capitol.state.tx.us/txconst/sections/cn000500-001800.html

Then, type this line into Google
site:state.tx.us constable duties
and you will be sorry you ever asked.

Tom

 

[ShawnCowden]

in southeast kentucky they arrest people and stuff. enforce laws. they are like the sheriff's dept they work along side the other law enforcement officals but get paid for each arrest, etc rather then a normal hourly paid job

 

[KB8UYC]

Just doing a Google search I came up with these:

http://www.tcco1.com/duties.htm
http://www.co.midland.tx.us/constables/pct2/Constables/A_Look.asp

and from the Texas Association of Counties:

Constable
These peace officers are the first link in the county's chain of law enforcement.

Along with their deputies, constables have all the enforcement powers of Texas peace officers. They are sometimes referred to as the executive officer of the justice of the peace courts. Their duties are to:

* Subpoena witnesses;
* Act as bailiff;
* Execute judgments; and
* Service of process.

In large metropolitan counties the constable may also assist the county and district courts. In addition, they may perform patrol functions and make criminal investigations. They are involved in the overall effort to reduce the effects of crime in their communities, including in some cases the operation of truancy programs.

I hope that helps!

Eric

 

[nd5y]

This is even better
http://www.capitol.state.tx.us/statutes/lg.toc.htm
Chapter 85 & 86 deals with the Sheriff & Constables

Tom

 

[McReb]

Thanks to all of you

for answering my question.

 

[SCPD]

There supposed to be Civil Writt enforcement, but in Texas they have become a Law Enforcement agency similer to a S.O. The Texas Legislator session has a few bills they are to vote on that would dis-ban the Constables in Texas from being anything more than a paper server. taking Divisions Like SWAT, Narcotics & Special Operations away from them. R. Skinner PCT-4 Dallas was on a news report bragging about his Advanced Special Operations Response Team (SORT) and it made some democrats in Austin very Nervous. so it was to be put on the ballot for the currant session and we will see what will happen.

Constables Statewide Emergency Calling Channel used to be 37.1800 CSQ then it moved to become Inter-City (154.9500) Now in most places they either operate with the S.O. or have their own specific radio Channelization.

Some Constables double as JP's (Justice of the Peace) who may in Rural Counties (Fannin) Pronounce Death and Sign Search Warrants.

 

[TXFirefighter112]

in southeast kentucky they arrest people and stuff

So instead of confiscating the cocaine, they arrest it?

 

[bpckty1]

This article was in the October 6, 2007, issue of the Houston Chronicle:

http://www.chron.com/disp/story.mpl/headline/metro/5194017.html

Oct. 6, 2007, 8:44PM
TEX-ARCANA
What do constables do?

The state's first officers fill 'niches'

By MARK BABINECK
Copyright 2007 Houston Chronicle

"Constables date back to the fifth century Byzantine Empire and their duties were defined by the Magna Carta in 1215. At one point, they hopped the Atlantic and eventually became the first law enforcement office designated in Texas by Stephen F. Austin's colony in 1823.

"They were the only law officers specifically designated by the first Texas Constitution and, in some form, have remained part of the policing landscape.

"Despite the impressive lineage, though, the office is extinct in some parts of Texas, limited in others and powerful elsewhere.

"'As diverse as Texas is, with 254 counties, there are literally hundreds of variations (on) how constables are used," said Harris County Precinct 4 Constable Ron Hickman, the current president of the Justices of the Peace and Constables Association of Texas. "They are one of the most flexible, utilitarian types of positions.'"

"In addition to being sworn peace officers — with the same ability to patrol, make traffic stops or arrests as police officers, sheriff's deputies and state troopers — constables and their deputies also are assigned to keep order in justice of the peace courts and to enforce civil and criminal writs.

"But unlike other Texas law enforcement officers, whose duties basically are the same from jurisdiction to jurisdiction, constables in Texas run the gamut based on how individual counties decide to staff and fund departments.

"'I would like to see our constables' offices become bigger in that we would have more people,' said Bexar County Precinct 2 Constable Jimmy Willborn, a district director for the JPCA whose office has less than 30 employees and shuts down overnight. 'Some of the constables in Harris County, their departments are 10 or 15 times my size, and they're doing some really good work, and our people are just as capable as theirs.'"

"Constables gained traction in Harris County, Hickman said, when jail crowding in the 1970s forced the Sheriff's Department to shift its resources there. Patrol duties began shifting to constables.

"He said aggressive constables, elected to four-year terms in a justice of the peace precinct, can contribute to communities in different ways.

"'We try to find niches in the marketplace, if you will,' said Hickman, whose precinct extends roughly from U.S. 290 around the Sam Houston Tollway to Kingwood. 'In Midland County, for example, they use one constable to do (delinquent court fine and fee) collections for the entire county.'"

"In northwestern Bexar County, Willborn said, he created a writs division that supports itself with the fees it generates and is a hit with his business constituents who want to see him duplicate similar divisions in Harris County.

Now Willborn wishes he had the personnel and equipment to handle the heavy street policing load Harris constables take on.

"'They do it all,' he said of his counterparts to the east. 'They do all the things my folks wish they could do.'"

mark.babineck@chron.com

http://www.chron.com/disp/story.mpl/headline/metro/5194017.html

 

[Stephen]

I have a hard time believing that a DPS trooper would turn down a TX Ranger position for a constable one, each constable is assigned to their own county and does not have statewide jurisdiction, THEY DO NOT GET PAID PER ARREST, as that would be illegal for a peace officer position, only a bounty hunter or person turning in a wanted felon gets paid per arrest. They do the crappy civil paperwork that regular peace officers are not trained nor have the time for, like kicking people out of houses after a eviction, or giving summons, boring stuff.

 

[bpckty1]

Being a peace officer allows for statewide arrest powers, but the Government Code and Code of Criminal Proceedures, define the duties and restrictions of specific law enforcement agencies. Otherwise, an officer from Brownsville could not travel to Lubbock and legally bring a wanted person back to Brownsville to face justice, for example.

I can see a DPS officer declining a Ranger appointment to become either a Sheriff or Constable (the elected position, not a deputy one) because of the office's duties, responsibilities, prestige, and, of course, the position's power. In many rural counties, the Sheriff is not only the chief law enforcement officer, but is also the tax assessor-collector. In some counties, the Constable's only duty may be the assistant Sheriff and take over his duties when the Sheriff goes out of town. It depends on what the County Commissioners decide to do with the position.

 

[otter9309]

A Constable is a commissioned Peace Officer, elected by county constituents every four years for a particular area or precinct of that county. A Constable may enforce any criminal and civil laws, motor vehicle violation and conduct criminal investigations. In addition the Constable's have jurisdiction of all documents generated by Justice Courts they are attached to and must execute process of those documents. Constable's are also required by law to be present during hearing by the Justice of the Peace or have one of their Deputy Constable's present as Bailiff.

Early records indicate that the first constables were established in the year 871 AD by King Alfred of England. The Constable was the judge in military offenses and in questions of chivalry. He was also named by the King to be the supreme arbitrator for tournaments and martial displays. On June 15, 1215 the Magna Carta established Justice Courts with constables, sheriffs, and bailiffs. The first Constable in America was appointed in Plymouth Colony, Massachusetts. During that time, the leading official was the Justice of the Peace. Assisted by the Constable, they were in charge of the Colony Court, which was both judiciary and legislative. The Constable enforced the orders of colonial and county officials in both civil and criminal matters.

In the early history of Texas, Constables were the Law Enforcement for the State. Constables were commissioned by Stephen F. Austin with the consent of the Mexican government to enforce the law. When Texas was a republic the powers of the Constables were drafted into the constitution, when Texas joined the union the Constable's authority remained the same and have not charged much over the years. The authority of the Constable is written in the Texas constitution and is ratified by the Texas Criminal Code of Procedures. The jurisdiction is defined as: Constable are a county entity which have state wide jurisdiction to conduct criminal investigation thought the state. State wide jurisdiction to issue traffic citations, and are associate members of the Texas Department of Public Safety. Constables have concurrent jurisdiction in any county in Texas which is attached to their county, county wide jurisdiction in there home county, and they have ultimate jurisdiction in their precincts. The Constable is also the designated Law Enforcement entity to arrest a Sheriff in a county should it be required. As of the end of 2006, Texas require a person running for the office of Constables to be a certified as Texas Peace Officer or they must have at least 62 hour of college credit or a two year degree. , The law requires the newly elected Constable who are not certified Texas Peace Officer 270 days to become licensed. They must attending an approved academy, or challenging the licensing exam given by Texas Commission on Law Enforcement Standards and Education. After the 270 days, if the Constable has not become licensed, the Constable forfeits the office, and can be removed from office by Commissioners Court. The Constables regular term of office is four years, during which time the Constable must attend and pass numerous required law enforcement courses such as Family Violence, Cultural Diversity, Civil Process, and firearms training to maintain his license.

A Constable is a commissioned Peace Officer, elected by county constituents every four years for a particular area or precinct of that county. A Constable may enforce any criminal and civil laws, motor vehicle violation and conduct criminal investigations. In addition the Constable's have jurisdiction of all documents generated by Justice Courts they are attached to and must execute process of those documents. Constable's are also required by law to be present during hearing by the Justice of the Peace or have one of their Deputy Constable's present as Bailiff.

The authority of the Constable is written in the Texas constitution and is ratified by the Texas Criminal Code of Procedures. The jurisdiction is defined as:

Constable is a county entity which have state wide jurisdiction to conduct criminal investigation thought out the state of Texas. State wide jurisdiction to issue traffic citations, and are associate members of the Texas Department of Public Safety. Constables have concurrent jurisdiction in any county in Texas which is attached to their county, county wide jurisdiction in there home county, and they have ultimate jurisdiction in their precincts. The Constable is also the designated Law Enforcement entity to arrest a Sheriff in a county should it be required.

As of the end of 2006, Texas require a person running for the office of Constables to be a certified as Texas Peace Officer or they must have at least 62 hour of college credit or a two year degree. The law requires the newly elected Constable who are not certified Texas Peace Officer 270 days to become licensed. They must attending an approved academy, or challenging the licensing exam given by Texas Commission on Law Enforcement Standards and Education. After the 270 days, if the Constable has not become licensed, the Constable forfeits the office, and can be removed from office by Commissioners Court. The Constables regular term of office is four years, during which time the Constable must attend and pass numerous required law enforcement courses such as Family Violence, Cultural Diversity, Civil Process, and firearms training to maintain his license.

Current duties of the Constable are to:
Preserve the peace and good order of their precincts, and other precincts within the county To arrest, where authorized by the provisions of the Code of Criminal Procedure, offenders against the Penal Laws of the State of Texas, taking then without delay before the proper Magistrate or Court to be tried. To interfere without Warrant, to prevent and suppress crime within their precincts, and other precincts within the county. Arrest offenders without warrant in order that they may be taken without delay to a Magistrate or proper court for examination or trial.

Other duties are to execute and make return to the proper court according to Law:
Arrest Warrants,
Search Warrants,
Witness Attachments,
Criminal Subpoenas, and all other criminal process,
Writs and precepts directed to the Constable by any Justice of the Peace, County Court, or District Court On the civil side, the Constable is to execute and make return to the proper court according to Law: All WRIT'S of
Attachment -
property & people
Capias
Certiorari
Citations
Distress Warrant
Ex - Parte - Protective Order
Execution
Forcible Entry & Detainer (Eviction)
Garnishment
Habeas Corpus
Injunction
Mandamus
Notice (Precept)
Order of Sale
Order of Sale in Tax Suits
Possession (Not Eviction)
Possession (Eviction)
Protective Order
Reentry
Scire Facias
Sequestration
Subpoena
Temporary Restraining Order
Trial of Right of Property
Turnover Order
And all other Civil Process, Writs and Precepts Lawfully directed and delivered to them by any Justice of the Peace, County Court, or District Court.

In other words, the job of the Constable deals mainly with Civil Litigation but the Constable and their Deputy Constables are fully licensed Peace Officers trained and ready to deal with any type of criminal activity in the precinct.

The Constables are paid by the County, and their Law Enforcement Commissions are still carried by the Governor of the State of Texas making them state officers as they were in the early history of Texas. Constables are the only Law Enforcement mandated by the Texas Constitution, truly the Constable are "The People's Police Officer".

 

[bpckty1]

To otter9309, "Whew!"

But, you forgot to mention how expansive a Constable's powers really are.

One example is the Constable of Deep Space 9.

;^>

Despite how well Texans understand the powers and duties of a Constable, some states (New Jersey comes to mind) don't recognize them as peace officers, even if Texas does. From past experience, a Felony arrest could not be made on a Texas warrant, entered into NCIC btw, because Constables filed the charges, and in NJ, Constables only serve Civil Process.

Following this logic, I suppose that in their eyes, Texas Rangers play baseball, not enforce laws.

 

[n4voxgill]

First, I seldom put much faith in many stories in Tavern. Second, being named a Texas Ranger is the highest honor that a DPS trooper could ever receive. In Texas a ranger can walk on water. The only reason that I could see why a DPS trooper would turn down that honor would be because he would have to move. If he was retirement elegible, he might well not want to pack up and move once again to another part of the state. As a deputy constable he knows he can stay right where he is. We had two retired Rangers in our town, and one of them died of old age. Ever living Ranger came to the funeral. It was a sight to behold with all those "official" white ranger hats and some of them were more than 50 years old, the wearer was in his 90s. Go to their website and you will see that every Rangeris still issued a horse and his special badge. Quite a history on the webstie about the badge and all of the fake ones that being made.

 

[skipgoulet]

Whether it's true or not, I've been told many times by some of the constables that I've known...and may not have known each other...that the constable has the most power of any law enforcement in Texas, as he is the only one who can arrest a sheriff! I've never talked to a sheriff who was actually arrested...by a constable or anyone else....so your guess is as good as mine!

 

[kd5dga]

Keep in mind they are also a elected official, not appointed.I know one here in Bell County.
They work under the power of the Judges court.

 

[otter9309]

I do not know about most powerful, but certain officers have certain powers. A constable IS the only peace office that may arrest a sheriff, a fire marshal may subpoena, and a game warden has search powers beyond belief. All of this is outlined in the Texas code of criminal procedure. All Texas peace officers have state wide police powers.
S.

 

[bpckty1]

If you really want to know power, one with a very big hammer is the TABC (Texas Alcohol Beverage Commission). They can close a business at a moment's notice, if they break certain laws, especially the SOBs (Sexually Oriented Business) and curfew violations (The most common is: Does the bar have permission to close at 2AM, or is its license for a midnight closing, and if it is licensed to close at 2AM, is it still open at 3AM?), and/or issue a citation for $10K for certain violations (For example, the improper opening of bottles [attempting to open the bottle without breaking the seal, thus avoiding paying tax on the alcohol]).

A hearing will be held on another date, but the business can be padlocked immediately.

Closings don't happen very often, but ithe possiblility does keep the bars under control.

 

[skipgoulet]

Keep in mind they are also a elected official, not appointed.I know one here in Bell County.
They work under the power of the Judges court.

Not only are they elected, but they have to reside in the precinct they intend to serve. A guy I knew in Lubbock County years ago ran for constable in a particular precinct and was elected. Turned out that he didn't even live in that precinct and they booted him out!