Tex. Codes » Local Government Code · TITLE 3. ORGANIZATION OF COUNTY GOVERNMENT · SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS · CHAPTER 86. CONSTABLE
Texas Codes

Tex. Loc. Gov't Code § 86.011 (2026)

Appointment Of Deputy Constable

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Sec. 86.011. APPOINTMENT OF DEPUTY CONSTABLE. (a) An elected constable who desires to appoint a deputy must apply in writing to the commissioners court of the county and show that it is necessary to appoint a deputy in order to properly handle the business of the constable's office that originates in the constable's precinct. The application must state the name of the proposed deputy. The commissioners court shall approve and confirm the appointment of the deputy only if the commissioners court determines that the constable needs a deputy to handle the business originating in the precinct.

(b) Each deputy constable must qualify in the manner provided for deputy sheriffs under Section 85.003.

(c) The constable is responsible for the official acts of each deputy of the constable. The constable may require a deputy to post a bond or security. A constable may exercise any remedy against a deputy or the deputy's surety that a person may exercise against the constable or the constable's surety.

(d) A person commits an offense if the person:

(1) serves as a deputy constable and the person has not been appointed as provided by Subsection (a); or

(2) is a constable and issues a deputyship without the consent and approval of the commissioners court.

(e) An offense under Subsection (d) is punishable by a fine of not less than $50 or more than $1,000.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 234 (H.B. 1049), Sec. 3, eff. September 1, 2021.

Notes of Decisions
Cited in 3 cases, 2007–2018 · leading case: Cnty. of Dallas v. Wiland, 216 S.W.3d 344 (Tex. 2007).
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Cnty. of Dallas v. Wiland, 216 S.W.3d 344 (Tex. 2007). · cites it 2× “[4] See TEX. LOC. GOV'T CODE § 86.011 (requiring that deputy constables be appointed by the constable, approved and confirmed by the county commissioners court, and qualified in the manner provided for deputy sheriffs); id.”
Jefferson Cnty. v. Jefferson Cnty. Constables Ass'n, 546 S.W.3d 661 (Tex. 2018). “" Tex. Loc. Gov't Code § 86.011(b). Both the County and the Constables Association acknowledge that deputy sheriffs are police officers under the Act.”
Jeff Greenway v. Larry Roccaforte, No. 09-08-00529-CV, 2009 WL 3460683 (Tex. App.—Beaumont Oct. 29, 2009). “See Tex. Loc. Gov't Code Ann. §§ 86.011 , 151.”
Tex. Loc. Gov't Code § 86.011(b): 1 case
Jefferson Cnty. v. Jefferson Cnty. Constables Ass'n, 546 S.W.3d 661 (Tex. 2018). “" Tex. Loc. Gov't Code § 86.011(b). Both the County and the Constables Association acknowledge that deputy sheriffs are police officers under the Act.”
Tex. Loc. Gov't Code § 86.011(c): 1 case
Cnty. of Dallas v. Wiland, 216 S.W.3d 344 (Tex. 2007). “[4] See TEX. LOC. GOV'T CODE § 86.011 (requiring that deputy constables be appointed by the constable, approved and confirmed by the county commissioners court, and qualified in the manner provided for deputy sheriffs); id.”
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