Gillespie County
Constables
TEXAS CONSTABLES--Historical
Overview--
===============================
Constables began making
contributions to Texas History in 1823 when two were
appointed by Stephen F. Austin's original colony, a
group of western
settlers who expanded rapidly into the territories of
the Texas Republic.
Under the constitutions of 1836, 1845, and 1861,(qqv)
a constable was
elected biennially from each militia captain's precinct.
Under the
Constitution of 1866qv the term was extended to four
years, and under the
Constitution of 1869qv five constables were appointed
for four-year terms by
the county board. The Constitution of 1876qv provided
for the biennial
election of a constable from each justice of the peace
precinct. A
constitutional amendment in 1954 lengthened the term
of office to four
years. Duties of the constable include serving processes,
attending the
sessions of the justice court, and, in general, performing
the usual duties
of precinct peace officers.
In 1954, Constables status as Peace Officers was upheld
under article 2.12
of the Code of Criminal Procedure. They are commissioned
by the Governor of
Texas as Law Enforcement Agencies just as the Sheriff's
Department or Texas
Department of Public Safety. Constables are associate
members of the Texas
Department of Public Safety under section 411.009(a)
of the Government Code.
Their "original" jurisdiction is anywhere
in the county of election and is
statewide in most criminal as well as civil matters.
To meet the challenges and demands of taking on the
full responsibilities of
Peace Officers and the added liabilities of processing
civil cases, Texas
Constables MUST be licensed by the Texas Commission
on Law Enforcement
Officer Standards and Education by attending a Basic
Police Academy, which
is a 560 hour school at this time. Anyone may run for
election as a
Constable; however, they have only 270 days after taking
office to meet
these State Peace Officer licensing requirements. On
day 271 they are to be
removed from the position by a quo warranto proceeding
in State District
Court if they fail to meet the Texas Commission on Law
Enforcement standards
as published in the Texas occupational codes.
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