Constables in Texas are elected peace officers who serve a specific precinct within a county. They carry the same criminal law enforcement authority as a police officer or sheriff’s deputy, but most of their work involves serving court papers, carrying out evictions, and acting as the enforcement arm of the justice of the peace courts. The office is written into the Texas Constitution, and every county elects at least one.
What a Constable Actually Does
The core job is civil process: physically delivering the legal documents that courts need someone with official authority to hand over. Summonses, subpoenas, writs of garnishment, orders of sale, protective orders, and eviction writs all move through a constable’s office. The Texas Local Government Code gives constables the power to execute any civil or criminal process throughout their county.1State of Texas. Texas Local Government Code Section 86.021 Constables also serve as the executive officers of the justice of the peace courts in their precinct, acting as bailiffs and enforcing those courts’ judgments.
If a constable shows up at your door with papers, you are being formally served. Refusing to answer the door or refusing to take the documents does not stop service from being completed. In many cases the papers can be left at the door or with another adult at the residence, and the service still counts. What matters is the deadline printed on whatever you receive. Ignoring a lawsuit or court order leads to a default judgment.
Constables charge fees for civil process, and the amounts vary by county. A routine service like a summons or subpoena runs around $75 in many counties, while more involved actions like writs of possession or orders of sale can cost $150 to $250.2Hays County, Texas. Constable Fees The money does not become the constable’s personal income. Any fee paid for serving process in an official capacity goes to the county treasurer.1State of Texas. Texas Local Government Code Section 86.021
How Constables Handle Evictions
Evictions are the situation where most Texans meet a constable, and they follow a specific timeline. After a landlord wins an eviction in justice court, the court issues a writ of possession. The writ cannot be issued until at least six days after the judge enters the possession judgment.3State of Texas. Texas Property Code Section 24.0061 – Writ of Possession
Before physically removing anyone, the constable must post a written warning on the front door of the rental unit. That notice has to be at least 8½ by 11 inches and must state a specific date and time when the writ will be executed, no sooner than 24 hours after the warning is posted.3State of Texas. Texas Property Code Section 24.0061 – Writ of Possession That 24-hour window is the tenant’s last chance to move out voluntarily.
When the constable returns, the sequence is fixed. The constable delivers possession of the property to the landlord, instructs the tenant and anyone else present to leave immediately, and physically removes anyone who refuses. Belongings left inside get placed outside at a nearby location, but not blocking a public sidewalk or street, and not while it is raining, sleeting, or snowing. The constable can also arrange for a bonded moving company to haul the property to a storage facility at no cost to the landlord or the constable’s office.3State of Texas. Texas Property Code Section 24.0061 – Writ of Possession Constables are authorized to use reasonable force during the eviction.
Criminal Law Enforcement Authority
Constables are not just process servers. They are fully licensed peace officers under the Texas Code of Criminal Procedure, with the same authority as municipal police officers and sheriff’s deputies.4State of Texas. Texas Code of Criminal Procedure Article 2.12 – Peace Officers A constable can make arrests, investigate crimes, conduct traffic stops, and enforce state criminal laws.
How much of the job is criminal versus civil varies enormously from one office to the next. Larger constable offices in metropolitan counties like Harris and Tarrant often run dedicated traffic enforcement units, respond to calls for service, investigate crimes, and conduct warrant roundups. Smaller rural offices may be a one-person operation where the constable personally serves papers and handles whatever law enforcement situations come up.
Where a Constable’s Authority Reaches
The geographic boundaries differ depending on the task. For civil process, a constable can serve papers anywhere in their own county or in any county that shares a border with it.1State of Texas. Texas Local Government Code Section 86.021 One restriction: a constable personally involved in a lawsuit cannot serve process related to that case.
For criminal law enforcement, peace officer authority extends throughout the entire county, not just the precinct.1State of Texas. Texas Local Government Code Section 86.021 A constable elected by voters in Precinct 3 can lawfully pull you over, investigate a crime, or make an arrest anywhere in the county. Arrest warrants reach further still. Like other Texas peace officers, constables can execute warrants anywhere in the state.
How Constables Differ From Sheriffs and Police
Texas has three main categories of local law enforcement, and all three carry peace officer authority. What separates them is who they answer to and what they emphasize.
- A sheriff is elected countywide, runs the county jail, and serves as the primary law enforcement agency for unincorporated areas. There is one sheriff per county.
- Municipal police are employed by a city government and answer to the city manager or police chief. Their jurisdiction generally covers the city limits.
- A constable is elected by precinct, focuses primarily on civil process and justice court support, and holds full criminal authority as well. A single county can have several constables, one per precinct.
The important point is independence. A constable is not subordinate to the sheriff or any police chief. Each constable’s office is its own law enforcement agency. The constable sets priorities, decides how to allocate resources between civil and criminal work, and answers to precinct voters rather than to county or city leadership. In practice, constable offices often coordinate with sheriffs and police on criminal matters, but the relationship is collaborative, not hierarchical.
How Someone Becomes a Constable
Constables are elected in partisan elections during general election years and serve four-year terms.5FindLaw. Texas Constitution Article 5 Section 18 A candidate has to be a registered voter in the precinct. The disqualifications are stricter than for most elected positions. Anyone with a felony conviction is permanently barred. Convictions or community supervision for a Class A misdemeanor, or a Class B misdemeanor within the past ten years, also disqualify a candidate.6State of Texas. Texas Local Government Code Section 86.0021 – Qualifications and Removal
Here the office departs from almost every other elected position in Texas. The winner must hold a peace officer license from the Texas Commission on Law Enforcement. If the person elected does not already have a permanent license, they have 270 days from taking office to get one, which means completing a police academy, passing the state licensing exam, and meeting all TCOLE training standards within roughly nine months. Failing to obtain the license is grounds for removal.6State of Texas. Texas Local Government Code Section 86.0021 – Qualifications and Removal Most successful candidates either already work in law enforcement or obtain the license before running.
Every constable must also execute an official bond payable to the governor before taking office, guaranteeing faithful performance of the job.7State of Texas. Texas Local Government Code Section 86.002 – Oath and Bond Failing to post the bond on time is its own ground for removal.
Holding a Constable Accountable
Voters get a direct say every four years. The law does not make the public wait that long to address a constable who is not doing the job. A constable can be removed from office for incompetency, official misconduct, intoxication on or off duty, failure to post their bond, or failure to obtain or maintain a peace officer license. The process begins when any Texas resident who has lived in the county for at least six months files a sworn petition in district court. The petition must describe the specific misconduct, including dates and locations. If the district judge finds the petition credible enough to move forward, the constable is served and can be temporarily suspended pending trial. Actual removal can only follow a jury trial.
There is also a faster mechanism for constables who neglect their civil duties. A constable who willfully refuses or fails to serve a summons, subpoena, or other legal process faces contempt of court, with fines ranging from $10 to $200 at the judge’s discretion.8State of Texas. Texas Code of Criminal Procedure Chapter 2A – Officers Powers and Duties The fine itself is small, but the contempt finding creates a public record that can feed into a removal petition later.