What is a Constable?

Almost on a daily basis as I go about performing my duties as a Constable a citizen will approach me and ask, “What is a Constable and what do you do?”

To better understand what a Constable is and their position in the Law Enforcement Sector one must learn the history of the Constable. Constables are among the earliest recorded police officers in world history. From a very humble beginning in the 5th century, by the turn of the 6th century they were chief household officers. In France, Constables commanded the armies in the Kings absence. They were noted peacekeepers under King William 'The Conqueror' in 1066 Constables responsibilities were expanded with the adoption of the Magna Carta, which not only became the pattern for most of the world’s Constitutions, but also mentioned Constables in written law. Constables have served the Justice Court system since 1362. In 1583 William Lambard published the first Policy & Procedure manual for Law Enforcement which outlines the duties of the Constable.

Constables were the first Law Enforcement Officers in Texas. In March of 1823, the second Justice of the Peace in the Texas Colony of Mexico, Judge John J. Tumlinson, notified the colony’s leader and grant holder, Stephen F. Austin, that he had appointed one Constable to summon witnesses and bring offenders to justice. Thomas Alley was the first Constable and it wasn’t until nearly a year later, in 1824, that the first Sheriff was elected in the colony.

In 1836, the Constitution of THE REPUBLIC OF TEXAS established Constables as primary Law Enforcement Administrators, whose stature is still upheld today under article 2.12 of the Code of Criminal Procedure. They are elected to four‐year terms of office and are commissioned by the Governor of Texas as Law Enforcement Agencies just as the Sheriff's Department or Texas Department of Public Safety. In fact, a Constable is an associate member of the Department of Public Safety (D.P.S). under section 411.009(a) of the Government Code. His/hers "original" jurisdiction is anywhere in the county of election and is statewide in all criminal and most civil matters.

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.

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. Yes a Constable may make vehicle and pedestrian stops, write tickets, conduct criminal investigations and file criminal charges. 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. Because civil law is often more technical than criminal law, additional training in specialized schools is required for all Deputies and Administrative Support Staff. Moreover, some constables’ offices limit themselves to only these activities but others provide patrol, investigative, and security services as well.

There is a belief that the constable is the only official that can arrest a Sheriff or Governor. However, that is a myth and contrary to popular belief, the constable is not the only official with the power to arrest a sheriff or governor. There is no statute that grants those officials immunity from arrest.

There is a long and proud history in Texas of Constables providing police services and protection to their citizens. In providing these services 172 Constables or Deputy Constables have died in the line of duty. The most recent was Brazos County Constable Brian David Bachmann who on August 13, 2012 was shot and killed while serving an eviction notice.

Each Constable structures their Office and determines which services they will provide. As an elected Official the Constable answers to the Governor and the citizens who elected him/her.

If you have any questions about what a Constable is and what their authority they hold please contact me at (830) 774‐7511 or email me at [email protected].