Tuesday, February 4, 2014

Constables And Redistricting.

Most citizens knows what a sheriff does, and many know who they are, constables and their duties are lesser understood. Constables and their deputies are fully empowered peace officers with county wide jurisdiction, they are not bound by the borders of their precinct. Believe it or not Texas Constables and their deputies can serve arrest warrants anywhere in the state. In civil matters they may serve process in any precinct in the county and any bordering county. They act as bailiffs in the justice courts and, if pressed can serve for other courts. They can also help with security, patrol, and conduct investigations. They may also enforce traffic laws with some restrictions.

Texas Constables are constitutionally created office and are elected by voters in their precinct to hold four years terms. In McLennan County our population dictates that we have a minimum of Constables may or may not have deputies to assist them in their duties. 

The number of constable precincts in the county is based on population, as such McLennan County must have a minimum of four but no more than 8 Constable positions.

Interesting factoid: Harris County has two of the largest Constable offices with over 300 deputies each!

For a comprehensive list of duties and responsibilities of Texas Constables click here and scroll down to page 132 (page 141 PDF).

In McLennan County, click here to contact a Constable.

Eliminating or Combining Constable and JP Positions

First, when you hear that the Commissioners are considering combining/consolidating the JP or Constable positions it does not mean that the JP and Constable positions are combing. It means combining two or more precincts.

Redistricting any precinct or district in Texas requires experts that understand the complexities of the Voting Rights Act. In very simplistic terms (and if we are wrong feel free to correct us), the precinct must include a certain percentage of minorities.

Second, the rumor that Commissioners will remove any JP or Constable from office and appoint someone that they would rather have in office is just not true. State code does not permit them to do that, so please do not worry about that occurring.

Article V Section 18 of the Texas Constitution spells out how districts are redistricted and what occurs if positions are eliminated or precincts change.

(c) When the boundaries of justice of the peace and constable precincts are changed, each Justice and Constable in office on the effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve in the precinct in which the person resides for the term to which each was elected or appointed, even though the change in boundaries places the person�s residence outside the precinct for which he was elected or appointed, abolishes the precinct for which he was elected or appointed, or temporarily results in extra Justices or Constables serving in a precinct. When, as a result of a change of precinct boundaries, a vacancy occurs in the office of Justice of the Peace or Constable, the Commissioners Court shall fill the vacancy by appointment until the next general election. 




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