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 § 86.021 (2026)

General Powers And Duties

✓ laws through the 89th Legislature (2025)
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 86.021. GENERAL POWERS AND DUTIES. (a) A constable shall execute and return as provided by law each process, warrant, and precept that is directed to the constable and is delivered by a lawful officer. Notices required by Section 24.005, Property Code, relating to eviction actions are process for purposes of this section that may be executed by a constable.

(b) A constable may execute any civil or criminal process throughout the county in which the constable's precinct is located and in other locations as provided by the Code of Criminal Procedure or by any other law.

(c) A constable expressly authorized by statute to perform an act or service, including the service of civil or criminal process, citation, notice, warrant, subpoena, or writ, may perform the act or service anywhere in the county in which the constable's precinct is located.

(d) Regardless of the Texas Rules of Civil Procedure, all civil process may be served by a constable in the constable's county or in a county contiguous to the constable's county, except that a constable who is a party to or interested in the outcome of a suit may not serve any process related to the suit. All civil process served by a constable at any time or place is presumed to be served in the constable's official capacity if under the law the constable may serve that process in the constable's official capacity. A constable may not under any circumstances retain a fee paid for serving civil process in the constable's official capacity other than the constable's regular salary or compensation. Any fee paid to a constable for serving civil process in the constable's official capacity shall be deposited with the county treasurer of the constable's county.

(e) The constable shall attend each justice court held in the precinct.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 13(a), eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 884, Sec. 1, eff. Jan. 1, 1998.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 846 (S.B. 2197), Sec. 1, eff. September 1, 2009.

Notes of Decisions
Cited in 3 cases, 2007–2018 · leading case: Jefferson Cnty. v. Jefferson Cnty. Constables Ass'n, 546 S.W.3d 661 (Tex. 2018).
Sort: Relevance Newest Treatment
Jefferson Cnty. v. Jefferson Cnty. Constables Ass'n, 546 S.W.3d 661 (Tex. 2018). “" TEX. LOC. GOV'T CODE § 86.021(c). Among other things, peace officers shall "interfere without warrant to prevent or suppress crime" where authorized and "arrest offenders without warrant" where authorized.”
Constable Gary Griffin v. Lisa Birkman, No. 03-06-00412-CV (Tex. App.—Austin Sept. 17, 2008). · cites it 2× “Tex. Loc. Gov't Code Ann. § 86.021 (West 2008).”
Constable Gary Griffin v. Lisa Birkman, No. 03-06-00412-CV (Tex. App.—Austin Nov. 28, 2007). “Tex. Loc. Gov't Code Ann. § 86.021 (West 2006).”
Tex. Loc. Gov't Code § 86.021(c): 1 case
Jefferson Cnty. v. Jefferson Cnty. Constables Ass'n, 546 S.W.3d 661 (Tex. 2018). “" TEX. LOC. GOV'T CODE § 86.021(c). Among other things, peace officers shall "interfere without warrant to prevent or suppress crime" where authorized and "arrest offenders without warrant" where authorized.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.