Texas Constable

The Texas Constable is enshrined in the Texas Constitution of 1956 (Article 5, Section 18), which provides for the election of a constable in each precinct of a county, and counties may have between one and eight precincts each depending on their population. Currently, the term of office for Texas constables is four years. However, when vacancies arise, the commissioners court of the respective county has the authority to appoint a replacement to serve out the remaining term.

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; [http://oag.state.tx.us/opinions/ga/ga0189.pdf] [http://oag.state.tx.us/opinions/ga/ga0349.pdf] 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 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 therefrom and from any other court. The Constable is also the designated Law Enforcement entity to arrest a Sheriff in a county should it be required or the need arise.Fact|date=September 2008 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. [http://www.ojp.usdoj.gov/bjs/pub/pdf/csllea00.pdf]

History

On March 5, 1823, John Jackson Tumlinson Sr., the first newly elected alcalde of the Colorado District in Stephen F. Austin's first colony in Texas, 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.

The Constitution of the Republic of Texas (1836) provided for the election in each county of a sheriff and "a sufficient number of constables." During the ten years of the republic's existence, thirty-eight constables were elected in twelve counties, the first in Nacogdoches County and the largest number (thirteen) in Harrisburg (later Harris) County. Court records indicate that violent crime was rare in the republic, except when horse or cattle thieves entered Texas from Arkansas or Louisiana; most indictments were for nonlethal crimes such as illegal gambling or assaults resulting from fights or scuffles. Juan N. Seguín and Elliott M. Millican both served as constables during the republic.

Shortly after Texas became a state, an act passed by the legislature specified that the constable should be "the conservator of the peace throughout the county," adding that "it shall be his duty to suppress all riots, routs, affrays, fighting, and unlawful assemblies, and he shall keep the peace, and shall cause all offenders to be arrested, and taken before some justice of the peace." Constables were the most active law-enforcement officials in many counties during the early statehood of Texas.

After Texas seceded from the United States in 1861, many county offices, including that of constable, remained unfilled or were filled by men less competent than their predecessors. During the military occupation of Texas after the Civil War, the election of county officials all but ceased, as the Union military appointed more than 200 individuals to state and county offices. A number of these appointees refused to serve; from 1865 to 1869, over one-third of the county offices in Texas were vacant. Many counties had no appointed or elected constables during this period. Austin, DeWitt, Fayette, McLennan, and Navarro counties had but a single constable each, appointed by Gen. Edward R. S. Canby, head of the Fifth Military District, in 1868-69.

Under the Constitution of 1869, a Reconstruction document that centralized many governmental functions, no constables were elected in Texas from 1869 to 1872, though some were appointed by justices of the peace. Many of these appointees lacked experience in handling violent offenders and access to secure jail facilities, and had few deputies to call upon for assistance. They were no match for the poor, embittered, and heavily armed former soldiers from both sides who roamed the state, often turning to crime. As a result, the office of constable began to diminish in importance, and the better-equipped county sheriffs began to assume a leading role in law enforcement. Still, a number of prominent Texas peace officers of the late nineteenth and twentieth centuries began their careers as constables or deputy constables, including Thomas R. Hickman, George A. Scarborough, and Jess Sweeten. In 1896, while serving as a United States deputy marshal, Scarborough shot and killed the controversial El Paso constable John Selman, who had himself gunned down the notorious John Wesley Hardin in 1895.

The Constitution of 1876, designed to decentralize control of the state government, reduced the power of many state officials and mandated that constables would once again be elected at the precinct level. A 1954 constitutional amendment extended their term of office from two years to four. Today, constables numbering approximately 780 are elected from precincts in most Texas counties. Their law-enforcement roles vary widely, but in general their police powers are no different from those of other peace officers in the state. Complete records do not exist, but the most recent estimate is that at least ninety-three Texas constables have died in the line of duty, including sixty-seven in the twentieth century.

Constable's Jurisdiction

Constables are a county entity which have state wide jurisdiction to conduct criminal investigation through out the state of Texas. They have State wide jurisdiction to issue traffic citations, and are associate members of the Texas Department of Public Safety (State Police). 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.

Tarrant County Constables

Tarrant County is divided into 8 precincts, each maintaining a Constable's office.

Current Constables are:
*Precinct 1 - Jerry Crowder
*Precinct 2 - David Harris
*Precinct 3 - Zane Hilger
*Precinct 4 - Dub Bransom
*Precinct 5 - Sergio De Leon
*Precinct 6 - Joe Kubes
*Precinct 7 - Clint Burgess
*Precinct 8 - Chester Luckett

Constables are assisted in their duties by a staff of Chief Deputies, Senior Deputies, Captains, Sergeants, and Deputies.

Tarrant County Constables and their deputies utilize a fleet of Ford Crown Victoria Police Interceptors.

Harris County Constables

Harris County has roughly 1,000 deputy constables serving among the eight precincts in the county.
*Harris County Precinct 1 Constable’s Office is generally responsible for security of Harris County buildings in Downtown Houston.
*The Harris County Toll Road Authority also contracts with Harris County Precinct 1, 4, 5, and 7 Constables' Offices to provide law enforcement services on its tollways.
*Harris County parks within commissioners precincts 3 and 4 are also patrolled by Harris County Precinct 4 and 5 Constables' Offices.
*The Houston Housing Authority contracts with Harris County Precinct 6.
*The University of St. Thomas, a private college located in Houston's Monrose area, contracts with the Harris County Precinct 1 Constable's office for security of the university campus.

Bexar County Constables

Bexar County Constable Office

[http://www.co.bexar.tx.us/constable/constables.htm Bexar County Constable’s Department] (also known as Precinct 1, 2, 3, or 4) are the joint county police force along side of the [http://www.bexar.org/bcsheriff/ Bexar County Sheriff’s Office] for [http://www.co.bexar.tx.us/ Bexar County] , Texas. The Constable’s office are an authorized Law Enforcement Department created by the Texas Constitution and can be found in Article 5 Section 18. It is run by the Constables, who are elected every four years to one term in the Precinct of His / Her’s residency. The Constable is the Second Highest law enforcement officer within the county. Additionally, the Constable’s Office is also the Second largest law enforcement agency in the County. Each Precinct consist of approximately over 1,000 square miles, several school districts, several cities to include the City of San Antonio. The Precincts are patrolled by Constable’s Deputies in areas which are in dire need of policing. The number of Constable’s Deputies has grown within the past several years due to budget increases. The primary duties of the Constables and his deputies are to deliver and execute civil process papers to include but not limited to; criminal warrants, subpoenas, forcible detainer suits, small claims, different types of writs. Some other Department duties include enforcing Local, State, and Federal laws. In other words, although the job of the Bexar County Constable's Department deals mainly with civil litigation and are considered to be the officer's of the Courts, they are highly trained and ready to deal with any type of criminal activity within the precinct or throughout the county.

Funding:

The Departments are funded by the [http://www.co.bexar.tx.us/ County Of Bexar] . Funding is based on a complex formula that includes the core missions of the Constables Office which are but not limited to, Civil, Warrants, and Bailiff Duties. The county government must approve the annual budget including their percentage of budget.

Precincts:

Major patrol responsibilities are covered by Patrol Units assigned to the following areas:

*Precinct 1 - South, South East, South West, West, and [http://www.sanantonio.gov/citysouth/?res=1280&ver=true Central Downtown of San Antonio] .
*Precinct 2 - West, North, Medical Center, and North West.
*Precinct 3 - North, North East, and East.
*Precinct 4 - East, [http://www.sanantonio.gov/citysouth/?res=1280&ver=true East of Downtown of San Antonio] , and South East.

-"Other Cities and Towns Located in the County's Precincts"* Only a very small portion of Cibolo is located in Bexar County.
** Fair Oaks Ranch has territory in Bexar County, Kendall County, and Comal County.
*** Selma and Schertz each have territory in both Bexar County and Guadalupe County. Schertz also has territory in Comal County.
**** Lytle has territory in Bexar County, Atascosa County and Medina County

Enforcement Areas:

Bexar County Constable's Department provide law enforcement warrants service for all of the following Law Enforcement Departments who file citations with the Justice Of The Peace Courts in and for Bexar County.

* -Texas Department Of Public Safety Highway Patrol
* -T.A.B.C Commission Police
* -Texas Game & Wildlife Police
* -Bexar County Constables Department
* -Bexar County Sheriff’s Department
* -Bexar County Code Compliance
* -Bexar County Fire Marshals
* -Bexar County District Hospitals Police Department
* -San Antonio "VIA" Transit-Metro Police Department
* -San Antonio ISD Police Department
* -Harlendale ISD Police Department
* -South Side ISD Police Department
* -Somerset ISD Police Department
* -South West ISD Police Department
* -South San Antonio Police Department
* -Edgewood ISD Police Department
* -East Central ISD Police Department
* -Judson ISD Police Department
* -North Side Police Department
* -North East ISD Police Department
* -Union Pacific Rail Road Police Department
* -UTSA Downtown Campus Police Department
* -San Antonio Alamo Community Colleges Police Department
* -University of Incarnate Word Police Department
* -University of Texas at San Antonio Police Department
* -A&M University Police Department
* -Trinity University Police Department
* -Our Lady of the Lake Police Department

Specialized Units:

- [http://www.precinct3.com/civil.html Civil Division:] The Civil Division's main function is the service of civil process, such as EVICTIONS and SUBPOENAS. Plus, other civil related issues. The eviction process is one of the most common civil actions that are taken in the Justice of the Peace Courts, in order to properly evict a tenant from rental property, or to gain possession of real property.

- [http://www.bexar.org/cpct1/BCSD_CP1_T86_R16.html Warrant Division:] It is the duty of the warrant division to enforce state laws, and enforce the clearance and disposition of all warrants issued to the Constable's office. Our office works closely with all law enforcement agencies throughout Bexar County on all warrants of arrest. Most of our warrants are a result of unpaid traffic citations, or truancy warrants.

- [http://www.bexar.org/cpct2/BCSD_CP2_T133_R12.html Bailiff Division:] The Bailiff Duties include, maintaining order and court room security in The Justice of the Peace Courts, taking people into custody as ordered by the judge, the transportation of adult prisoners, and of juvenile prisoners. Precinct deputies, oversee six Justices of Peace Courts.

- [http://www.precinct3.com/traffic.html Patrol Unit:] The Patrol Unit is committed to reducing quality of life offenses and is dedicated to keeping the County of Bexar a safe and enjoyable place to live and visit. The Patrol Unit is often used in locations where calls for service are high, the unit focuses on offenses such as public intoxication, street level substance abuse, common disruptions of disorderly groups, street gangs, and, traffic enforcement, parking/noise violations.

- [http://www.bexar.org/cpct1/BCSD_CP1_T86_R18.html Bike Patrol Unit:] The Bike Patrol Unit's goal is to provide our residents and visitors with an unsurpassed level of expertise and safety. They embrace the idea of community policing by making themselves more approachable and accessible to the citizens of our community. The Bike Deputies' primary responsibility is to facilitate positive deputy / civilian relations by interacting with the general public on a daily basis.

- [http://www.bexar.org/cpct1/BCSD_CP1_T86_R17.html A.S.A.P “Save Our Students:] Absent Student Assistance Program (A.S.A.P) is a program that started with volunteer deputies visiting the homes of absent students. Students who are chronically absent from school are more likely to dropout of school and become involved with the juvenile justice system than their peers who attend school. The purpose of A.S.A.P. is to improve school attendance by providing the earliest possible response to absenteeism, thereby reducing dropout rates and detering delinquency.

- [http://www.bexar.org/cpct1/BCSD_CP1_T86_R31.html D.A.R.E Unit:] (Drug Abuse Resistance Education) The goal of the D.A.R.E. Unit curriculum is to provide students with additional knowledge of D.A.R.E. lessons that will build upon and reinforce what they need to know to resist the everyday temptations of drug use, thus providing a foundation for long term and results.

- [http://www.bexar.org/cpct2/BCSD_CP2_T133_R7.html Traffic Unit:] The traffic enforcement unit is patrolling the streets of Bexar County daily to enforce traffic laws and to promote the safety of our community.

- [http://www.bexar.org/constable/pct4/Programs/Marine_Safety/marine_safety.html Marine Safety Enforcement:] These patrols decrease the alcohol related incidents on the water by actively pursuing the few who insist on boating while intoxicated. This unit also assist other agencies in Bexar County with water related problems as needed. All officers are Marine Safety Enforcement certified.

- [http://www.bexar.org/constable/pct4/Programs/K-9/k-9.html K-9 Unit:] The unit consists of highly proficient canines trained to detect marijuana, hashish, heroin, cocaine, and methamphetamine. The canine officers are on call to assist federal, state and local law enforcement agencies.

- [http://www.bexar.org/cpct1/BCSD_CP1_T86_R23.html Explorer Unit:] The Explorer Program provides an opportunity for young men and women within the County of Bexar to experience first-hand how a Constable's department functions. In addition to first-hand experience, it also gives Cadet Explorers an overall view of what it takes to get started in the challenging career of law enforcement.

- [http://www.bexar.org/constable/pct4/Programs/Support/support.html Reserve Division:] The Bexar County Constable's Office has a highly regarded unit of approximately over 50 volunteer Reserve deputies who hold commissions as law enforcement officers. These deputies provide the Bexar County Constable's Office and the citizens of the county the same type of service as any other peace officer.

Rank Structure:

The Bexar County Constables Office are led by Constables who are elected by the people of Bexar County and Chief Deputies who are appointed by the Constables. The Chief Deputies are assisted by Assistant Deputy Chiefs, Captains, Lieutenants and Sergeants who oversee Deputies, and the daily operations of the Department.

Notes

*1. Precinct boundaries are set by the County Commissioners Court. See Texas Local Government Code §81.021.There are two to eight precints per Texas county.
*2. Constables (and the Justice of the Peace, and County Commissioiners) are elected by these precincts and they must provide bailiffs for the Justice Court(s) in their precinct.
*3. They can also serve civil process in any precinct in their county and any contiguous county to their home county. See Texas Local Government Code §86.021.
*4. Moreover, they can serve warrants throughout the state. See Texas Code of Criminal Procedure Article 15.06.
*5. Furthermore, their jurisdiction to arrest, without warrant, extends throughout the county, where they have full arrest powers. See Texas Local Government Code §86.021 and Texas Attorney General’s Opinion GA-0189.
*6. They also have full arrest powers outside of their jurisdiction, while in the state, except that they can’t arrest for certain traffic violations. See Texas Code of Criminal Procedure Article 14.03(g).

Finally, constables and their deputies in Texas are full-fledged, “real” law enforcement officers. They must graduate from a state-certified law enforcement academy and in Texas, it does not matter what type of peace officer you are. All types of peace officers must be trained to the same state requirement. They also have the same powers of arrest and jurisdiction of sheriffs and their deputies.

In the Census of State and Local Law Enforcement Agencies, 2000, which was published by the US DOJ’s Bureau of Justice Statistics, it was noted that there were 2,630 full-time, sworn constables/deputy constables in Texas. Of this number, (35% of constables/deputy constables were primarily assigned to patrol duties. For example, in Harris County Precinct 4 and 5 (Greater Houston area), there are over 600 patrol deputies. Additionally, 7% handled criminal investigations, i.e. they are detectives and investigators.

Also, the Texas Commission on Law Enforcement Officers Standards and Education (TCLEOSE) the regulatory agency for all peace officers in Texas (sheriffs, constables, security police, police officers and marshals) and the Bureau of Justice Statistics of the Department of Justice considers the Texas Constable to be a unique peace officer position.

See also

* Policing in the United States
* Sheriff
* Marshal

External links

* [http://www.jpca.com/ Texas Justices of the Peace and Constables Association]
* [http://www.texasconstable.com/ Texas Constable Online]
* [http://www.tarrantcounty.com/econstable5/cwp/view.asp?a=780&q=433891&econstable5Nav=%7C Tarrant County Constables]
* [http://www.co.bexar.tx.us/constable/constables.htm Bexar County Constables Online]

References

* Eugene C. Barker, ed., The Austin Papers (3 vols., Washington: GPO, 1924-28).
* Allen G. Hatley, Texas Constables, A Frontier Heritage (Lubbock: Texas Tech University Press, 1999).
* Bexar County Pct.1, Pct.2, Pct.3, and Pct.4 websites.