The following
information comes from the Midland County Constables Office
Duties and Responsibilities of
Modern Constables in Texas
Regardless of changes in its
administrative nature, the office of constable has been authorized in early
Texas constitution since the days of the Republic, but is in the Texas Code of
Criminal Procedure, Texas Penal Code, the Texas Local Government Code, and other
assorted laws, rules, and regulations that the general duties of Texas
Constables are spelled out in detail. Constables and Deputy Constables are
classified as peace officers by the Texas Code of Criminal Procedure, and only
after meeting specified qualifications, equivalent to those of all other peace
officers in the state of Texas, are constables licensed by Texas Commission on
Law Enforcement Officers Standards and Education (TCLEOSE).
A new amendment to the Texas
Constitution, passed in 1977, requires constables to meet certain qualifications
for office that were not enumerated in the Constitution. This amendment is
expected to have little impact on this office due to the licensing and mandatory
training requirements already in effect since 1985.
By command of Article 2.13 Code
of Criminal Procedure, it is the duty of every peace officer to: preserve the
peace within the officer's jurisdiction by all lawful means; interfere without
warrant to prevent or suppress crime where authorized by the Code of Criminal
Procedure; execute all lawful criminal process issued to the officer by any
magistrate or court; give notice to some magistrate of all offenses committed
within the officer's jurisdiction, where the officer has good reason to believe
there has been a violation of the penal law; arrest offenders without warrant
in every case where the officer is authorized by law, in order that they may be
taken before the proper magistrate or court to be tried.
Consequently, to keep the peace,
the constable in Texas may perform patrol, enforce traffic regulations,
undertake investigations, arrest law breakers, carry out executions of judgment,
summons persons to aid him in his duties when necessary, and to complete
juries. He may seize, impound, and sell real and personal property as directed
by law. The Constable is also an associate member of the Texas Department of
Public Safety.
Although the constable is
considered a local precinct officer, his territorial jurisdiction, like that of
sheriff, extends to the entire county. He is entitled to serve civil process in
those counties contiguous to his own, and with a warrant, to make arrests beyond
the limit of his county. To take office after election, the Texas constable
must execute a bond with sureties and both take and sign a constitutional oath
of office. Like all peace officers in Texas, constables can be held liable for
a number of omissions or violations of duty.
Civil court actions in the state
of Texas begin with the service of different types of citations, writs, or
subpoenas. The county or state charges various fees for such documents, and for
legal service thereof to a defendant or witness in a civil suit. Deputy
sheriffs, municipal police officers, constables, and private process servers are
authorized to serve these civil papers. Service by a constable stands to offer
a greater benefit to the local community by: brining service fees into the
treasury of the county where the service is made; effecting quicker service
because the constable is most familiar with the area and its citizens;
minimizing any liability of service, because of the expertise of the constable
in these matters
Licensing and Training
Beginning in 1985, Texas
constables were required to be licensed by the state of Texas as peace officers
within two-hundred and seventy days after taking office. To be licensed, a
peace officer must take and pass the 1260-hour Basic Peace Officers Course at a
state-licensed law enforcement academy. A recognized law-enforcement agency
must then employ and notify TCLEOSE that it is commissioning an individual as a
peace officer. (Because each constable's office is a recognized law enforcement
agency, it is often the constable who notifies TCLEOSE of the election of a
constable or the appointment of a deputy constable.) To maintain his license, a
peace officer must attend in-service training, a total of forty hours - some
specified by TCLEOSE - in any twenty-four month period. Mandatory twenty-four
hours of civil process training is required every twenty-four months for all
constables and deputy constables. The training, education, and licensing of
peace officers in the state of Texas have come a long way since the early 1970s.
Source
www.co.midland.tx.us/constables/PCT2/Constables
|