ODER NO. 26816

APPROVAL AUTHORIZING CONSTABLE PRECINCT #4 
TO APPOINT A DEPUTY

On this the 8th day of January 2001, upon motion made by
Commissioner Griffin, seconded by Commissioner Baldwin, the 
Court unanimously approved by a vote of 4-0-0, authorizing 
Constable Precinct #4 to appoint a Deputy Constable.
COMMISSIONERS COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Lazrv Griffin
OFFICE: Commissioner, Precinct 4
MEETING DATE: January, 8, 200
SUBJECT: (PLEASE BE SPECIFIC)
TIME PREFERRED:
Consider and discuss authorizing Constable Bob Terrell to appoint a Deputy Constable in Precinct
4, effective January 1, 2001.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Constable Bob Terrell
Time for submitting this request for Court to assure that the matter is posted in accordance with Title
5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation
will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See
Agenda Request Rules Adopted by Commissioners' Court.

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CHAPTER 86. CONSTABLE
SUBCHAPTER A. GENERAL PROVISIONS
§ 86.001. Eligibility to Serve After Boundary Change
A person who has served as the constable of a precinct for 10 or more consecutive yeazs before a
change is made in the boundazies of the precinct is not ineligible for reelection in the precinct because
of residence outside the precinct if the constable's residence is within the boundaries ofthe precinct as
they existed before the change.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 86.002. Oath; Bond
(a) Before entering on the duties of office, a person who is elected to the office of constable must
execute a bond with two or more good and sufficient sureties. The bond must be payable to the
governor and the governor's successors in office and conditioned that the constable will faithfully
perform the duties imposed by law. The bond must be approved by the commissioners court of the
county. The commissioners court shall set the bond in an amount of not less than $500 or more than
$1,500.
(b) A person who is elected constable must also take and sign the constitutional oath of office. The
oath shall be endorsed on the bond, together with the certificate of the officer who administers the
oath. The bond and oath must be deposited and recorded in the office of the clerk of the county court.
(c) The bond is not void on the first recovery but may be sued on from time to time in the name of
an injured pazty untIl the whole amount of the bond is recovered.
(d) A person who is elected or appointed to the office of constable and who has given the
necessary bond and taken the oath of office may immediately perform the duties of the office. The acts
ofthe constable aze as valid in law as ifthe constable were commissioned.
(e) Repealed by Acts 1995, 74th Leg., ch. 683, § 1, eff. Aug. 28, 1995.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 683, §
1, eff. Aug. 28, 1995.
§ 86.0021. Qualifications; Removal
(a) A person is not eligible to serve as constable unless the person:
(1) has a high school diploma or a high school equivalency certificate; and
(2) is eligible to be licensed under Sections 415.058 and 415.059, Government Code.
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(b) On or before the 270th day after the date a constable takes office, the constable shall provide,
to the commissioners court of the county in which the constable serves, evidence that the col ,table
has been issued a permanent peace officer license under Chapter 415, Government Code. A cor stabb~
who fails to provide evidence of licensure under this subsection or who fails to maintain a permanent
license while serving in office forfeits the office and is subject to removal in a quo warranto
proceeding under Chapter 66, Civil Practice and Remedies Code.
(c) The license requirement of Subsection (b) supersedes the license requirement of Section
415.053, Government Code.
Added by Acts 1997, 75th Leg., ch. 884, § 3, eff. Jan. 1, 1998.
Amended by Acts 1999, 76th Leg., ch. 877, § 1, eff. Aug. 30, 1999.
§ 86.003. New Bond; Removal
(a) If any of the sureties of a constable dies, permanently moves from this state, becomes
insolvent, or is released from liability as provided by law or if the commissioners court determines that
the bond of the constable is insufficient, the court shall issue a citation that requires the constable to
appeaz at a time set in the citation, after the 10th day but on or before the 30th day after the date the
citation is issued, in order to execute a new bond with good and sufficient surety.
(b) If the constable neglects or refuses to appeaz to execute the bond at the designated time, the
constable shall cease to perform the duties of the office and shall be removed from office by the judge
of the district court in the manner provided by law for the removal of county officers.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER B. DEPUTIES
§ 86.011. Appointment of Deputy Constable
(a) An elected constable who desires to appoint a deputy must apply in writing to the
commssioners 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.
(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:
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(1) serves as a deputy cunrd;d'ila~ 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, § 1, eff. Sept. 1, 1987.
§ 86.012. Reserve Deputy Constables
(a) The commissioners court of a county may authorize a constable of the county to appoint
reserve deputy constables. The commissioners court may limit the number of reserve deputy
constables that a constable may appoint.
(b) A reserve deputy constable serves at the discretion of the constable and may be called into
service at any time that the constable considers it necessary to have additional officers to preserve the
peace and enforce the law. The constable may authorize a reserve deputy constable who is a peace
officer as described by Article 2.12, Code of Criminal Procedure, to carry a weapon or act as a peace
officer at all times, regardless of whether the reserve deputy constable is engaged in the actual
discharge of official duties, or may limit the authority of the reserve deputy constable to carry a
weapon or act as a peace officer to only those times during which the reserve deputy constable is
engaged in the actual discharge of official duties. A reserve deputy constable who is not a peace
officer as described by Article 2.12, Code of Criminal Procedure, may act as a peace officer only
during the actual discharge of official duties. A reserve deputy constable, regardless of whether the
reserve deputy constable is a peace officer as described by Article 2.12, Code of Criminal Procedure,
is not:
(1) eligible for participation in any program provided by the county that is normally considered a
financial benefit of full-time employment or for any pension fund created by statute for the benefit of
full-time paid peace officers; or
(2) exempt from the Private Investigators and Private Security Agencies Act (Article 4413(29bb),
Vernon's Texas Civil Statutes).
(c) A reserve deputy constable must take the official oath and must execute a bond in the amount
of $2,000, payable to the constable. The oath and bond must be filed with the county clerk of the
county in which the appointment is made. The oath and bond must be given before the reserve
deputy constable's entry on duty and simultaneously with the officer's appointment.
(d) While actively engaged in an assigned duty at the call of the constable, a reserve deputy
constable is vested with the same rights, privileges, and duties of any other peace officer in this state.
(e) The county and the constable do not incur any liability by reason of the appointment of a
reserve deputy constable if the reserve deputy constable incurs a personal injury while serving in
that capacity.
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Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Amended by Acts 1999, 76th Leg., ch. 90, § 3, eff. Sept. 1, 1999.
SUBCHAPTER C. POWERS AND DUTIES
§ 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 lawfiil 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 Crhnn~al 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) Regazdless 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.
(e) The constable shall attend each justice court held in the precinct.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, § 13
(a), eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 884, § 1, eff. Jan. 1, 1998.
§ 86.022. Power to Summon Resident Assistance
(a) If a constable encounters resistance in the execution of any lawful process or in the arrest of an
offender, the constable may call for assistance any resident of the county who is convenient.
(b) A person who fails or refuses to obey a call for assistance may, on the motion of the constable,
be fined by a justice of the peace in the manner provided for contempt. The amount of the fine may
not exceed $10. The person who is accused of not providing assistance must be given three days'
notice of the motion.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 86.023. Collection Liability
If, for collection, a constable receives a bond, bill, note, or account from any person and the
constable gives a receipt in an official capacity for the instrument or account, the constable and the
constable's sureties aze liable under the constable's bond for the amount collected if the constable
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tails to pay the amount on demand to the person for whom the constable made the collection.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 86.024. Failure to Execute Process
(a) If a unstable fails or refuses to execute and return according to law a process, wazrant, or
precept that is lawfully directed and delivered to the constable, the constable shall be fined for
contempt before the court that issued the process, warrant, or precept on the motion of the person
injured by the failure or refusal.
(b) The fine shall be set at not less than $]0 or more than $100, with costs. The fine shall be for the
benefit ofthe injured person. The constable must be given 10 days' notice of the motion.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 86.025. UnSnished Business
If a constable vacates the office for any reason, all unfinished business shall be transferred to the
succeeding constable and completed in the same manner as if the successor had begun the business.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
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Robert M. Terrill
Constable, Precinct Four
Kerr County, Texas
216 State Highway 27 West
Ingram, Texas 78025
Phone 830-367-2245
Fax 530-367-300,
January 8, 2001
Honorable Commissioner's Court of
Kerr County, Texas
700 Main St.
Kerrville, Texas 78028
To Whom it May Concern:
I hereby request the authority to appoint Deputy Constables within my precinct.
Thank you,
~~~.~~(~
Robert M. Terrill
Constable, Pct. 4
Kerr County, Texas
cc: file