History and Duties of Texas Constables

Origins of the Office of Constable

Constables are the first recorded peace officers in world history and have served in their role since 1362. The position originated from the Eastern Roman Empire where the primary responsibilities were commanding the King’s army and upholding the Crown rule of Orders. The Constable was the only person permitted to carry the King’s sword.

In England, by the turn of the sixth century, constables were the Chief Household Officers. Under King William, the term “cop” was created for “Constable on Patrol.”

In America in 1632, the first constable was appointed for the Plymouth colony to enforce court orders involving civil and criminal issues.

Currently, only 23 states have constables.

In Texas, a constable was sworn in to protect Austin’s original colony 

On March 5, 1823, Stephen F. Austin appointed John Jackson Tumlinson, Sr. as the first Justice of the Peace for his original colony in Texas. Tumlinson told Austin that he would need an officer of the court, so Austin appointed the first Constable, Thomas Valentine Alley, who was authorized to enforce both criminal and civil laws. Other constables were appointed shortly thereafter. Three months later, with all the issues Texas was experiencing, two of the original constables stayed to protect the local colonies and ten other constables were sent out to protect the range and guard the frontier. These men later formed the Texas Rangers. 

John Tumlinson stayed in office for only three months. He joined the newly formed Texas Ranger unit and is considered the first Texas Ranger to die in the line of duty.

In 1836, during Texas’ struggle for independence from Mexico, the constables and rangers comprised an active group of approximately 200 men. This group was used to move the Native Americans from around the San Jacinto area allowing General Sam Houston’s army to quietly attack Santa Anna at the Battle of San Jacinto. 

The constable was later written into constitutional law and was the only law enforcement officer defined by the original Texas constitution. At that point, General Houston formerly separated the constables and rangers. The constable would be elected by the people in specific precincts and the Texas Rangers would become officers of the Republic. Both groups would be commissioned and report to the governor, which holds true to this day.

After Texas seceded from the Union in 1861, many county offices, including that of constable, remained unfilled. During the Civil War, most constables took up arms, joined their comrades, the Texas Rangers, and left to fight for the Confederacy. From 1869 to 1872, there were no constables elected in Texas though several were appointed by Justices of the Peace. 

The Constitution of 1876 once again mandated that constables be elected at the local precinct level. 

Famous Constables in History

Several famous peace officers of the late nineteenth and twentieth centuries spent a portion of their careers as a constable or deputy constable. They include Wyatt Earp, Virgil Earp, “Wild Bill” Hickok, and Constable John Henry Selman who is best known as the person who shot and killed the notorious outlaw John Wesley Hardin on August 19, 1895. Also included is a lesser-known constable, George A. Scarborough, who in 1896, while serving as a United States deputy marshal, shot and killed the aforementioned controversial El Paso constable John Selman, who gunned down John Wesley Hardin.

Authority of Texas Constables

Although their law enforcement roles vary by office, the authority of constables and their deputies are the same as those of all other peace officers in the state. They are fully empowered, licensed peace officers with county-wide jurisdiction and therefore, may legally exercise their authority in any precinct within their county. Constables and their deputies may also enforce civil laws in contiguous counties and serve arrest warrants in any county in the state.   

Unlike most other Texas peace officers, constables have Constitutional authority to enforce both civil and criminal laws. State and municipal officers are only given the authority to enforce criminal laws. Constables have the authority to enforce almost every law in the State of Texas. In addition to their Constitutionally mandated civil duties, constables and their deputies routinely perform other law enforcement functions such as traffic enforcement, making arrests without warrants, patrol duties, investigating vehicle crashes, investigating criminal activity, and ensuring the enforcement of all Texas criminal laws.

Duties of Texas Constables

Constables and their deputies have all the same authority and responsibilities as any peace officer in the State. However, they have additional enforcement responsibilities for which other peace officers are not accountable. Constables and deputy constables provide security for the Justice Courts and are responsible for serving and executing Civil Process and Civil Court orders.  Because civil law is much more technical than criminal law, it requires additional training in specialized schools with an emphasis on civil law. 

A constable’s office is a unique law enforcement agency because the civil aspects of their duties generate revenue for the county’s general fund. Therefore, they are somewhat self-supporting which reduces costs associated with the operation of the office.

200 Years of Service to Texas

Constables are often referred to as the “Peoples Police” because of the Constitutional origin of the office as well as the fact that they are elected by constituents in their precinct every four years. Today, there are more than 780 constables and 3000 deputy constables serving Texas citizens in 251 of the 254 counties in the State of Texas. Although comprehensive, accurate records do not exist, recent estimates indicate that at least ninety-three Texas constables have lost their lives in the line of duty, including sixty-seven in the twentieth century.

On March 5, 2023, Texas constables celebrated 200 years of dedicated service to the people of the Great State of Texas.

Texas constables and their deputies have been and will continue to be an integral part of the overall law enforcement mechanism in Texas. Their proud traditions of dedicated service from Texas’ infancy continue through modern times and serve as a touchstone for other law enforcement agencies throughout the State. 

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