reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 84 - County Auditor › Subchapter A. General Provisions › Section 84.009. Removal

Sec. 84.009.  REMOVAL.  (a)  A county auditor may be removed from office and a successor appointed if, after due investigation by the district judges who appointed the auditor, it is proven that the auditor:
(1)  has committed official misconduct;  or
(2)  is incompetent to faithfully discharge the duties of the office of county auditor.
(b)  The district judges who appointed a county auditor under Section 84.002(b)(2) or Section 84.008 may discontinue the services of the auditor after the expiration of one year after the date of the appointment if it is clearly shown that the auditor is not necessary and the auditor's services are not commensurate with the auditor's salary.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 84 - County Auditor › Subchapter B. Assistants › Section 84.021. Assistants

Sec. 84.021.  ASSISTANTS.  (a)  From time to time the county auditor may certify to the district judges a list stating the number of assistants to be appointed, the name, duties, qualifications, and experience of each appointee, and the salary to be paid each appointee.  The district judges, after careful consideration of the application for the appointment of the assistants and after inquiry concerning the appointees' qualifications, the positions sought to be filled, and the reasonableness of the requested salaries, shall prepare a list of the appointees that the judges approve and the salary to be paid each.  The judges shall certify this list to the commissioners court, which shall order the salaries to be paid on the performance of services and shall appropriate an adequate amount of money for this purpose.
(b)  If an emergency exists, the county auditor shall recommend the appointment of temporary assistants, and after a hearing held in accordance with Section 152.905, the district judges shall determine the number, salaries, and duration of employment of the assistants.
(c)  An assistant must take the usual oath of office for faithful performance of duty.  The county auditor may require an assistant to give a bond and may determine the terms of the bond.  The bond must run in favor of the county and the county auditor as their interests indicate.  The county shall pay for the bond.
(d)  If only one assistant is appointed, the assistant, during the absence or unavoidable detention of the county auditor, may perform the duties required by law of the county auditor.  If more than one assistant is appointed, the county auditor may designate the assistant to perform those duties during the absence or unavoidable detention of the county auditor.
(e)  The county auditor may discharge an assistant.  The district judges approving an appointment have the right annually to withdraw the approval and change the number of assistants permitted.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1169, Sec. 3, eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 84 - County Auditor › Subchapter Z. Miscellaneous Provisions › Section 84.901. Supplies

Sec. 84.901.  SUPPLIES.  A county auditor may purchase, at the county's expense and in the manner provided by law, necessary ledgers, books, records, blank forms, stationery, equipment, telephone service, and postage.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 84 - County Auditor › Subchapter Z. Miscellaneous Provisions › Section 84.902. Auditor to Keep Certain Hospital Records in County With Population of 190,001 to 200,000

Sec. 84.902.  AUDITOR TO KEEP CERTAIN HOSPITAL RECORDS IN COUNTY WITH POPULATION OF 190,001 TO 200,000.  If, in a county with a population of 190,001 to 200,000, the financial records of a municipal and county hospital located in the county must be kept, the county auditor shall keep the records.  If reports concerning that hospital's financial records must be made to the governing bodies of the municipality and county, the county auditor shall make the reports.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(f), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 85 - Sheriff › Subchapter A. Sheriff and Sheriff's Personnel › Section 85.001. Oath and Bond

Sec. 85.001.  OATH AND BOND.  (a)  A person elected as sheriff, before beginning to perform the duties of office, must execute a bond with:
(1)  two or more good and sufficient sureties; or
(2)  a solvent surety company authorized to do business in this state.
(b)  The bond must be:
(1)  approved by the commissioners court of the county;
(2)  made payable to the governor;
(3)  in an amount established by the commissioners court, but not less than $5,000 or more than $30,000;  and
(4)  conditioned that the sheriff will:
(A)  faithfully perform the duties of office established by law;
(B)  account for and pay to the person authorized by law to receive them the fines, forfeitures, and penalties the sheriff collects for the use of the state or a county;
(C)  execute and return when due the process and precepts lawfully directed to the sheriff, and pay to the person to whom they are due or to the person's attorney the funds collected by virtue of the process or precept;  and
(D)  pay to the county any funds illegally paid, voluntarily or otherwise, to the sheriff from county funds.
(c)  The sheriff must take and subscribe the official oath, which, together with the certificate of the officer administering the oath, must be endorsed on the bond.
(d)  A person elected or appointed as sheriff who has executed the bond and taken the official oath may enter at once on the duties of office, and that person's acts shall be as valid under law before the receipt of a commission as after the receipt of a commission.
(e)  The bond is not void on the first recovery, but may be sued on from time to time in the name of any injured person until the entire amount of the bond is recovered.
(f)  A sheriff or deputy sheriff is not liable on an official bond, and is not personally liable, for having received or confined a prisoner delivered or surrendered to the sheriff or deputy by a state ranger.
(g)  Repealed by Acts 1997, 75th Leg., ch. 973, Sec. 1, eff. June 18, 1997.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 973, Sec. 1, eff. June 18, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 17, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 85 - Sheriff › Subchapter A. Sheriff and Sheriff's Personnel › Section 85.0011. Qualifications for Sheriff or Candidate for Sheriff

Sec. 85.0011.  QUALIFICATIONS FOR SHERIFF OR CANDIDATE FOR SHERIFF.  (a)  In this section:
(1)  "Active duty" means current full-time military service in the armed forces of the United States.
(2)  "Armed forces of the United States" means the army, navy, air force, space force, coast guard, or marine corps of the United States or a reserve unit of one of those branches of the armed forces.
(3)  "Federal special investigator" means a person described by Article 2.122, Code of Criminal Procedure.
(4)  "Military veteran" means a person who has served on active duty and who was discharged or released from active duty.
(b)  A person is not eligible to serve as sheriff unless the person:
(1)  has a high school diploma or a high school equivalency certificate; and
(2)  either:
(A)  holds an active permanent peace officer license under Chapter 1701, Occupations Code; or
(B)  is eligible to be licensed under Sections 1701.309 and 1701.312, Occupations Code, and:
(i)  has a minimum of five years of experience as a federal special investigator; or
(ii)  is a military veteran with a minimum of 10 years of combined active duty or national guard service experience.
(c)  A person is not eligible to be a candidate for the office of sheriff unless the person holds an active permanent peace officer license under Chapter 1701, Occupations Code, or is a person described by Subsection (b)(2)(B)(i) or (ii) and obtains a license within the time provided by Section 1701.302(a), Occupations Code.
Added by Acts 1993, 73rd Leg., ch. 985, Sec. 3.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.819, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 201 (S.B. 1124), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 85 - Sheriff › Subchapter A. Sheriff and Sheriff's Personnel › Section 85.002. New Bond Requirement; Removal

Sec. 85.002.  NEW BOND REQUIREMENT;  REMOVAL.  (a)  If a surety of the sheriff dies, moves permanently from the state, becomes insolvent, or is released from liability in accordance with law or if the commissioners court considers the sheriff's bond insufficient, the commissioners court shall cite the sheriff to appear at a time named in the citation, after the 10th day but on or before the 30th day after the date of issuance of the citation, and require the sheriff to execute a new bond with good and sufficient security.
(b)  If the sheriff neglects or refuses to appear and execute the bond on or before the designated time, that person may not exercise the functions of office and shall be removed from office by the district judge in the manner prescribed by law for the removal of county officers.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 85 - Sheriff › Subchapter A. Sheriff and Sheriff's Personnel › Section 85.003. Deputies

Sec. 85.003.  DEPUTIES.  (a)  The appointment of a deputy sheriff must be in writing.
(b)  Except as provided by Subsection (b-1), a person appointed as a deputy, before beginning to perform the duties of office, must take and subscribe the official oath, which, together with the certificate of the officer administering the oath, must be endorsed on the appointment.  The appointment and oath shall be deposited and recorded in the county clerk's office.  A list of the appointments shall be posted in a conspicuous place in that office.
(b-1)  A person reappointed as a deputy may continue to perform the duties of office before retaking the official oath. The deputy must retake the oath as soon as possible after being reappointed.
(c)  Except as provided by Subsection (f), a deputy serves at the pleasure of the sheriff.  The sheriff may revoke the appointment of a deputy on the indictment of the deputy for a felony.
(d)  A sheriff is responsible for the official acts of a deputy and may require that a deputy execute a bond or other security.  A sheriff has the same remedies against a deputy and the deputy's sureties as any other person has against the sheriff and the sheriff's sureties.
(e)  A deputy may perform the acts and duties of the deputy's principal.
(f)  A deputy who is included in the coverage of a civil service system created under Chapter 158 may be suspended or removed only for a violation of a civil service rule adopted under that system.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1060 (H.B. 2283), Sec. 1, eff. June 15, 2007.
Acts 2021, 87th Leg., R.S., Ch. 234 (H.B. 1049), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 85 - Sheriff › Subchapter A. Sheriff and Sheriff's Personnel › Section 85.005. Guards; Penalty

Sec. 85.005.  GUARDS;  PENALTY.  (a)  The sheriff may, with the approval of the commissioners court or, in the case of an emergency, with the approval of the county judge, employ a sufficient number of guards to ensure the safekeeping of prisoners and the security of a jail.
(b)  In case of an emergency, a guard is subject to being called to duty by the sheriff.
(c)  A person charged with the responsibility of enforcing this section commits an offense if the person violates the section.  An offense under this section is a misdemeanor punishable by a fine of not less than $50 or more than $200.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 12(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 85 - Sheriff › Subchapter A. Sheriff and Sheriff's Personnel › Section 85.006. County Police Force in Counties of 210,000 or More

Sec. 85.006.  COUNTY POLICE FORCE IN COUNTIES OF 210,000 OR MORE.  (a)  In a county with a population of 210,000 or more, the sheriff may appoint a county police force.  The commissioners court shall determine the number, which must be at least six, of police officers to be appointed.  The sheriff shall appoint one of the officers as chief of the county police.  The appointments are subject to approval by the commissioners court.  The sheriff may, subject to approval by the commissioners court, terminate the employment of an officer.
(b)  The sheriff shall deputize each police officer appointed under this section.  Each officer has the authority of a deputy sheriff, and all laws of the state applicable to deputy sheriffs apply to the officer to the same extent that they apply to deputy sheriffs unless the law conflicts with this section.
(c)  A police officer appointed under this section shall patrol, by automobile or motorcycle furnished by the officer, the highways of the county located outside the corporate limits of the county seat.  The officer shall devote all time spent on duty to performing that service and to matters related to that service.  The officer shall perform all duties in accordance with rules adopted by the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 85 - Sheriff › Subchapter B. Miscellaneous Powers and Duties › Section 85.021. Execution of Process; Penalty

Sec. 85.021.  EXECUTION OF PROCESS;  PENALTY.  (a)  The sheriff shall execute all process and precepts directed to the sheriff by legal authority and shall return the process or precept to the proper court on or before the date the process or precept is returnable.
(b)  The sheriff commits an offense if the sheriff:
(1)  fails to return a process or precept as required by Subsection (a);  or
(2)  makes a false return.
(c)  An offense under this section is punishable by the court to which the process is returnable, as for contempt, by a fine of not more than $100.  A fine collected under this section shall be deposited in the county treasury.
(d)  The sheriff is liable for all damages sustained by a person by reason of an offense committed by the sheriff under this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 85 - Sheriff › Subchapter B. Miscellaneous Powers and Duties › Section 85.022. Execution of Legislative Process; Penalty

Sec. 85.022.  EXECUTION OF LEGISLATIVE PROCESS;  PENALTY.  (a)  The sheriff shall execute subpoenas and other process directed to the sheriff that are issued by the speaker of the house of representatives, the president of the senate, or the chairman of a committee of either house of the legislature.
(b)  Failure to execute the subpoena or other process under Subsection (a) carries the same penalties as failure to execute process issued by a court.
(c)  If the sheriff performs services under this section, the sheriff shall receive the fees prescribed by law for similar services rendered in the courts.  The fee shall be paid on the certificate of the authority issuing the process.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 85 - Sheriff › Subchapter B. Miscellaneous Powers and Duties › Section 85.023. Unfinished Business

Sec. 85.023.  UNFINISHED BUSINESS.  If a sheriff vacates the office for any reason, all unfinished business shall be transferred to the succeeding sheriff and completed in the same manner as if the successor had begun the business.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 85 - Sheriff › Subchapter B. Miscellaneous Powers and Duties › Section 85.024. School Safety Meetings

Sec. 85.024.  SCHOOL SAFETY MEETINGS.  (a)  The sheriff of a county with a total population of less than 350,000 in which a public school is located shall call and conduct semiannual meetings to discuss:
(1)  school safety;
(2)  coordinated law enforcement response to school violence incidents;
(3)  law enforcement agency capabilities;
(4)  available resources;
(5)  emergency radio interoperability;
(6)  chain of command planning; and
(7)  other related subjects proposed by a person in attendance at the meeting.
(b)  The sheriff of a county to which this section applies in which more than one public school is located is only required to hold one semiannual meeting described by Subsection (a).  This subsection does not require public schools located within the same county to adopt the same school safety policies.
(c)  The following persons shall attend a meeting called under Subsection (a):
(1)  the sheriff or the sheriff's designee;
(2)  the police chief of a municipal police department in the county or the police chief's designee;
(3)  each elected constable in the county or the constable's designees;
(4)  each police chief of a school district's police department or school district security coordinator from each school district located in the county;
(5)  a representative of the Department of Public Safety assigned to the county;
(6)  a representative of each other state agency with commissioned peace officers assigned to the county;
(7)  a person appointed to a command staff position at an emergency medical service in the county;
(8)  a person appointed to a command staff position at a municipal emergency medical service in the county;
(9)  a person appointed to a command staff position at a fire department in the county;
(10)  the superintendent or the superintendent's designee of each school district located in the county;
(11)  the person who serves the function of superintendent, or that person's designee, in each open-enrollment charter school located in the county; and
(12)  any other person the sheriff considers appropriate.
(d)  The sheriff shall invite any federal law enforcement official serving in the county to attend the meeting.
(e)  As soon as practicable after a meeting under Subsection (a), the sheriff shall submit a report to the Texas School Safety Center identifying the attendees of the meeting and the subjects discussed. The Texas School Safety Center shall maintain the report and make it publicly available on the center's Internet website.  The center may not make publicly available and shall redact any parts of a report that the center determines may expose a safety vulnerability of a school district facility.
Added by Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 25, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 86 - Constable › Subchapter A. General Provisions › Section 86.001. Eligibility to Serve After Boundary Change

Sec. 86.001.  ELIGIBILITY TO SERVE AFTER BOUNDARY CHANGE.  A person who has served as the constable of a precinct for 10 or more consecutive years before a change is made in the boundaries 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 of the precinct as they existed before the change.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 86 - Constable › Subchapter A. General Provisions › Section 86.002. Oath; Bond

Sec. 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 or with a solvent surety company authorized to do business in this state.  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 party 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 of the constable are as valid in law as if the constable were commissioned.
(e)  Repealed by Acts 1995, 74th Leg., ch. 683, Sec. 1, eff. Aug. 28, 1995.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 683, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 18, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 86 - Constable › Subchapter A. General Provisions › Section 86.0021. Qualifications; Removal

Sec. 86.0021.  QUALIFICATIONS;  REMOVAL.
Text of subsection effective until January 01, 2025
(a)  A person is not eligible to serve as constable unless:
(1)  the person is eligible to be licensed under Sections 1701.309 and 1701.312, Occupations Code, and:
(A)  has at least an associate's degree conferred by an institution of higher education accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board;
(B)  is a special investigator under Article 2.122(a), Code of Criminal Procedure; or
(C)  is an honorably retired peace officer or honorably retired federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357, Occupations Code; or
(2)  the person is an active or inactive licensed peace officer under Chapter 1701, Occupations Code.
Text of subsection effective on January 01, 2025
(a)  A person is not eligible to serve as constable unless:
(1)  the person is eligible to be licensed under Sections 1701.309 and 1701.312, Occupations Code, and:
(A)  has at least an associate's degree conferred by an institution of higher education accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board;
(B)  is a special investigator under Article 2A.002(a), Code of Criminal Procedure; or
(C)  is an honorably retired peace officer or honorably retired federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357, Occupations Code; or
(2)  the person is an active or inactive licensed peace officer under Chapter 1701, Occupations Code.
(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 constable has been issued a permanent peace officer license under Chapter 1701, Occupations Code.  A constable 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 1701.302, Occupations Code.
Added by Acts 1997, 75th Leg., ch. 884, Sec. 3, eff. Jan. 1, 1998.  Amended by Acts 1999, 76th Leg., ch. 877, Sec. 1, eff. Aug. 30, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.821, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 954 (H.B. 1588), Sec. 1, eff. June 18, 2005.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.134, eff. January 1, 2025.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 86 - Constable › Subchapter A. General Provisions › Section 86.003. New Bond; Removal

Sec. 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 appear 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 appear 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, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 86 - Constable › Subchapter B. Deputies › Section 86.011. Appointment of Deputy Constable

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.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 86 - Constable › Subchapter C. Powers and Duties › Section 86.021. General Powers and Duties

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.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 86 - Constable › Subchapter C. Powers and Duties › Section 86.023. Collection Liability

Sec. 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 are liable under the constable's bond for the amount collected if the constable fails to pay the amount on demand to the person for whom the constable made the collection.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 86 - Constable › Subchapter C. Powers and Duties › Section 86.024. Failure to Execute Process

Sec. 86.024.  FAILURE TO EXECUTE PROCESS.  (a)  If a constable fails or refuses to execute and return according to law a process, warrant, 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.  This section does not apply to actions brought under or that could have been brought under Chapter 34, Civil Practice and Remedies Code.
(b)  The fine shall be set at not less than $10 or more than $100, with costs.  The fine shall be for the benefit of the injured person.  The constable must be given 10 days' notice of the motion.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 421 (S.B. 1269), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 86 - Constable › Subchapter C. Powers and Duties › Section 86.025. Unfinished Business

Sec. 86.025.  UNFINISHED 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, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter A. General Provisions › Section 87.001. No Removal for Prior Action

Sec. 87.001.  NO REMOVAL FOR PRIOR ACTION.  An officer may not be removed under this chapter for an act the officer committed before election to office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter B. Removal by Petition and Trial › Section 87.011. Definitions

Sec. 87.011.  DEFINITIONS.  In this subchapter:
(1)  "District attorney" includes a criminal district attorney.
(2)  "Incompetency" means:
(A)  gross ignorance of official duties;
(B)  gross carelessness in the discharge of those duties;  or
(C)  unfitness or inability to promptly and properly discharge official duties because of a serious physical or mental defect that did not exist at the time of the officer's election.
(3)  "Official misconduct" means intentional, unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law.  The term includes:
(A)  an intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed on the officer by law;
(B)  a prosecuting attorney's adoption or enforcement of a policy of refusing to prosecute a class or type of criminal offense under state law or instructing law enforcement to refuse to arrest individuals suspected of committing a class or type of offense under state law, except a policy adopted:
(i)  in compliance with state law or an injunction, judgment, or other court order;
(ii)  in response to a reasonable evidentiary impediment to prosecution; or
(iii)  to provide for diversion or similar conditional dismissals of cases when permissible under state law; or
(C)  permitting an attorney who is employed by or otherwise under the direction or control of the prosecuting attorney to refuse to prosecute a class or type of criminal offense under state law or instruct law enforcement to refuse to arrest individuals suspected of committing a class or type of offense under state law for any reason other than a reason described by Paragraph (B)(i), (ii), or (iii).
(4)  "Policy" means an instruction or directive expressed in any manner.
(5)  "Prosecuting attorney" means a district attorney or a county attorney with criminal jurisdiction.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 366 (H.B. 17), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter B. Removal by Petition and Trial › Section 87.012. Officers Subject to Removal

Sec. 87.012.  OFFICERS SUBJECT TO REMOVAL.  The district judge may, under this subchapter, remove from office:
(1)  a district attorney;
(2)  a county attorney;
(3)  a county judge;
(4)  a county commissioner;
(5)  a county clerk;
(6)  a district clerk;
(7)  a district and county clerk;
(8)  a county treasurer;
(9)  a sheriff;
(10)  a county surveyor;
(11)  a county tax assessor-collector;
(12)  a constable;
(13)  a justice of the peace;
(14)  a member of the board of trustees of an independent school district; and
(15)  a county officer, not otherwise named by this section, whose office is created under the constitution or other law of this state.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 37 (H.B. 328), Sec. 4, eff. May 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 508 (S.B. 122), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter B. Removal by Petition and Trial › Section 87.013. General Grounds for Removal

Sec. 87.013.  GENERAL GROUNDS FOR REMOVAL.  (a)  An officer may be removed for:
(1)  incompetency;
(2)  official misconduct;  or
(3)  intoxication on or off duty caused by drinking an alcoholic beverage.
(b)  Intoxication is not a ground for removal if it appears at the trial that the intoxication was caused by drinking an alcoholic beverage on the direction and prescription of a licensed physician practicing in this state.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter B. Removal by Petition and Trial › Section 87.0131. Defense in Certain Cases

Sec. 87.0131.  DEFENSE IN CERTAIN CASES.  It is a defense in an action alleging a prosecuting attorney committed official misconduct described by Section 87.011(3)(C) that the prosecuting attorney took action immediately on discovering an attorney employed by or otherwise under the direction or control of the prosecuting attorney was acting as described by Section 87.011(3)(C).
Added by Acts 2023, 88th Leg., R.S., Ch. 366 (H.B. 17), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter B. Removal by Petition and Trial › Section 87.014. Grounds: Failure to Give Bond

Sec. 87.014.  GROUNDS:  FAILURE TO GIVE BOND.  A county officer who is required by law to give an official bond may be removed under this subchapter if the officer:
(1)  fails to execute the bond within the time prescribed by law;  or
(2)  does not give a new bond, or an additional bond or security, if required by law to do so.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter B. Removal by Petition and Trial › Section 87.015. Petition for Removal

Sec. 87.015.  PETITION FOR REMOVAL.  (a)  A proceeding for the removal of an officer is begun by filing a written petition for removal in a district court of the county in which the officer resides.  However, a proceeding for the removal of a district attorney is begun by filing a written petition in a district court of:
(1)  the county in which the attorney resides;  or
(2)  the county where the alleged cause of removal occurred, if that county is in the attorney's judicial district.
(b)  A petition for removal of an officer other than a prosecuting attorney may be filed by any resident of this state who has lived for at least six months in the county in which the petition is to be filed and who is not currently under indictment in the county.  At least one of the parties who files the petition must swear to it at or before the filing.
(b-1)  A petition for removal of a prosecuting attorney may be filed by any resident of this state who, at the time of the alleged cause of removal, lives and has lived for at least six months in the county in which the alleged cause of removal occurred and who is not currently charged with a criminal offense in that county.  At least one of the parties who files the petition must swear to it at or before the filing.
(c)  A petition for removal of an officer other than a prosecuting attorney must be addressed to the district judge of the court in which it is filed. A petition for removal of a prosecuting attorney must be addressed to the presiding judge of the administrative judicial region in which the petition is filed. The petition must set forth the grounds alleged for the removal of the officer in plain and intelligible language and must cite the time and place of the occurrence of each act alleged as a ground for removal with as much certainty as the nature of the case permits.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 366 (H.B. 17), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter B. Removal by Petition and Trial › Section 87.0151. Assignment of Judge in Certain Cases

Sec. 87.0151.  ASSIGNMENT OF JUDGE IN CERTAIN CASES.  (a)  Immediately after a petition for removal of a prosecuting attorney is filed under Section 87.015, the district clerk shall deliver a copy of the petition to the presiding judge of the administrative judicial region in which the court sits.
(b)  On receiving a petition for removal of a prosecuting attorney under Subsection (a), the presiding judge of the administrative judicial region shall assign a district court judge of a judicial district that does not include the county in which the petition was filed to conduct the removal proceedings.
Added by Acts 2023, 88th Leg., R.S., Ch. 366 (H.B. 17), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter B. Removal by Petition and Trial › Section 87.016. Citation of Officer

Sec. 87.016.  CITATION OF OFFICER.  (a)  After a petition for removal is filed, the person filing the petition shall apply to the district judge in writing for an order requiring a citation and a certified copy of the petition to be served on the officer.
(b)  If the application for the order is made during the term of the court, action may not be taken on the petition until the order is granted and entered in the minutes of the court.  If the application is made to the judge during the vacation of the court, the judge shall indicate on the petition the action taken and shall have the action entered in the minutes of the court at the next term.
(c)  If the judge refuses to issue the order for citation, the petition shall be dismissed at the cost of the person filing the petition.  The person may not take an appeal or writ of error from the judge's decision.  If the judge grants the order for citation, the clerk shall issue the citation with a certified copy of the petition.  The judge shall require the person filing the petition to post security for costs in the manner provided for other cases.
(d)  The citation shall order the officer to appear and answer the petition on a date, fixed by the judge, after the fifth day after the date the citation is served.  The time is computed as it is in other suits.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 563, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter B. Removal by Petition and Trial › Section 87.017. Suspension Pending Trial; Temporary Appointee

Sec. 87.017.  SUSPENSION PENDING TRIAL;  TEMPORARY APPOINTEE.  (a)  After the issuance of the order requiring citation of the officer, the district judge may temporarily suspend the officer and may appoint another person to perform the duties of the office.
(b)  The judge may not suspend the officer until the person appointed to serve executes a bond, with at least two good and sufficient sureties, in an amount fixed by the judge and conditioned as required by the judge.  The bond shall be used to pay damages and costs to the suspended officer if the grounds for removal are found at trial to be insufficient or untrue.  In an action to recover on the bond it is necessary to allege and prove that the temporary appointee actively aided and instigated the filing and prosecution of the removal action.  The suspended officer must also serve written notice on the temporary appointee and the appointee's bondsman, within 90 days after the date the bond is executed, stating that the officer intends to hold them liable on the bond and stating the grounds for that liability.
(c)  If the final judgment establishes the officer's right to the office, the county shall pay the officer from the general fund of the county an amount equal to the compensation received by the temporary appointee.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter B. Removal by Petition and Trial › Section 87.019. Appeal

Sec. 87.019.  APPEAL.  (a)  Either party to a removal action may appeal the final judgment to the court of appeals in the manner provided for other civil cases.  If the officer has not been suspended from office, the officer is not required to post an appeal bond but may be required to post a bond for costs.
(b)  An appeal of a removal action takes precedence over the ordinary business of the court of appeals and shall be decided with all convenient dispatch.  If the trial court judgment is not set aside or suspended, the court of appeals shall issue its mandate in the case within five days after the date the court renders its judgment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 87 - Removal of County Officers From Office; Filling of Vacancies › Subchapter C. Removal by Criminal Conviction › Section 87.031. Immediate Removal

Sec. 87.031.  IMMEDIATE REMOVAL.  (a)  The conviction of a county officer by a petit jury for any felony or for a misdemeanor involving official misconduct operates as an immediate removal from office of that officer.
(b)  The court rendering judgment in such a case shall include an order removing the officer in the judgment.
(c)  For purposes of Subsection (a), "a misdemeanor involving official misconduct" includes a misdemeanor under Section 39.07, Penal Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 5.01, eff. September 1, 2017.