• On March 5, 1823, John Tumlinson, the newly elected alcalde of the Colorado District in Stephen F. Austin's first colony in Texas, wrote to the Baron de Bastrop in San Antonio that he had "appointed but one officer who acts in the capacity of constable to summon witnesses and bring offenders to justice." That appointee, Thomas V. Alley, thus became the first Anglo law enforcement officer in the future republic and state of Texas. Other prominent colonists who served as constable included John Austin and James Strange.

    The Constitution of the Republic of Texas (1836) provided for the election in each county of a sheriff and "a sufficient number of constables." During the ten years of the republic's existence, thirty-eight constables were elected in twelve counties, the first in Nacogdoches County and the largest number (thirteen) in Harrisburg (later Harris) County. Court records indicate that violent crime was rare in the republic, except when horse or cattle thieves entered Texas from Arkansas or Louisiana; most indictments were for nonlethal crimes such as illegal gambling or assaults resulting from fights or scuffles. Juan N. Seguín and Elliott M. Millican both served as constables during the republic.

    Shortly after Texas became a state, an act passed by the legislature specified that the constable should be "the conservator of the peace throughout the county," adding that "it shall be his duty to suppress all riots, routs, affrays, fighting, and unlawful assemblies, and he shall keep the peace, and shall cause all offenders to be arrested, and taken before some justice of the peace." Constables were the most active law-enforcement officials in many counties during the early statehood of Texas.

    After Texas seceded from the United States in 1861, many county offices, including that of constable, remained unfilled or were filled by men less competent than their predecessors. During the military occupation of Texas after the Civil War, the election of county officials all but ceased, as the Union military appointed more than 200 individuals to state and county offices. A number of these appointees refused to serve; from 1865 to 1869, over one-third of the county offices in Texas were vacant. Many counties had no appointed or elected constables during this period. Austin, DeWitt, Fayette, McLennan, and Navarro counties had but a single constable each, appointed by Gen. Edward R. S. Canby, head of the Fifth Military District, in 1868–69.

    Under the Constitution of 1869, a Reconstruction document that centralized many governmental functions, no constables were elected in Texas from 1869 to 1872, though some were appointed by justices of the peace. Many of these appointees lacked experience in handling violent offenders and access to secure jail facilities, and had few deputies to call upon for assistance. They were no match for the poor, embittered, and heavily armed former soldiers from both sides who roamed the state, often turning to crime. As a result, the office of constable began to diminish in importance, and the better-equipped county sheriffs began to assume a leading role in law enforcement. Still, a number of prominent peace officers of the late nineteenth and twentieth centuries began their careers as constables or deputy constables, including Thomas R. Hickman, George A. Scarborough, and Jess Sweeten. In 1896, while serving as a United States deputy marshal, Scarborough shot and killed the controversial El Paso constable John Selman, who had himself gunned down the notorious John Wesley Hardin in 1895.

    The Constitution of 1876, designed to decentralize control of the state government, reduced the power of many state officials and mandated that constables would once again be elected at the precinct level. A 1954 constitutional amendment extended their term of office from two years to four. Today, constables numbering approximately 780 are elected from precincts in most Texas counties. Their law-enforcement roles vary widely, but in general their police powers are no different from those of other peace officers in the state. Complete records do not exist, but the most recent estimate is that at least ninety-three Texas constables have died in the line of duty, including sixty-seven in the twentieth century.   
     

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Burnet County Constables
  • Leslie Ray, Precinct 1 Constable

    Burnet County Main Courthouse
    220 S. Pierce
    Burnet, Texas 78611
    Phone: (512) 756-5416
    Email: constablepct1@burnetcountytexas.org

    Hours: 8:00am - 5:00 pm Monday - Friday

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  • Garry Adams, Precinct 2 Constable

    Burnet County Main Courthouse
    220 S. Pierce
    Burnet, Texas 78611
    Phone: (512) 715-5237
    Email: constablepct2@burnetcountytexas.org

    Hours: 8:00am - 5:00 pm Monday - Friday

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  • Scott Davis, Precinct 3 Constable

    810 Steve Hawkins Parkway
    Marble Falls, Texas 78654
    Phone: (830) 798-3024
    Email: constablepct3@burnetcountytexas.org

    Hours: 8:00am - 5:00 pm Monday - Friday

    The mission of the Burnet County Precinct 3 Constable’s Office is to improve the quality of life for our citizens by working collaboratively with the Justice of Peace, area law enforcement, Commissioner’s Court and local business owners to prevent crime, enforce the law, reduce fear, increase mobility and target violent offenders for prosecution.  

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  • Millicent "Missy" Bindseil, Precinct 4 Constable

    810 Steve Hawkins Parkway
    Marble Falls, Texas 78654
    Phone: (830) 798-3020
    Cell: (512) 755-2509
    Fax: (830) 798-3216
    Email: mbindseil@burnetcountytexas.org

    Hours: This office is not available to respond 24/7. For emergencies, please call 911 or the Burnet County Sheriff's Office (512)756-8080 or the Marble Falls Police Department (830) 693-3611. Please call the cell number listed above for non emergency questions or issues.

    This office pursues and arrests individuals who have warrants for their arrest

    HELPFUL LINKS

    The information is not offered as legal advice. THIS INFORMATION IS FOR PROCEDURE ONLY.  IT IS NOT INTENDED FOR LEGAL ADVICE OR TO TAKE THE PLACE OF AN ATTORNEY.  THIS OFFICE CANNOT GIVE LEGAL ADVICE IN PERSON OR IN WRITING.  State laws prohibit the Constable’s Office and Justice Court from “practicing law” (giving legal advice).     
    For legal advice please see https://texaslawhelp.org/

    Constable Fees

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Functions of a Constable
A Constable is a commissioned Peace Officer, elected by county constituents every four years for a particular area or precinct of that county. A Constable may enforce any criminal and civil law, motor vehicle violation and conduct criminal investigations. The Constable’s Office provides a valuable service to the county citizens by doing Justice Court duties, as well as regular law enforcement responsibilities.

Early records indicate that the first constables were established in the year 871 AD by King Alfred of England. The Constable was the judge in military offenses and in questions of chivalry. He was also named by the King to be the supreme arbitrator for tournaments and martial displays.

On June 15, 1215 the Magna Carta established Justice Courts with constables, sheriffs, and bailiffs. The first Constable in America was appointed in Plymouth Colony, Massachusetts. During that time, the leading official was the Justice of the Peace. Assisted by the Constable, they were in charge of the Colony Court, which was both judiciary and legislative. The Constable enforced the orders of colonial and county officials in both civil and criminal matters.

In 1823, while Texas was still a colony of Mexico, Stephen F. Austin wrote and got passed rules of criminal regulation. The Mexican government approved these rules, and Austin, with the aid of these cowboy-lawmen, began establishing courts of justice throughout the colonies of Texas.

In 1876, the Constitution of the State of Texas was written to include the elected office of Constable. Like other law enforcement officers, the Constables role has changed greatly over the years, and present day Constables must know criminal law as well as civil law. The Constables and any Deputies they are allowed have all the powers and responsibilities of any peace officer in the state. They may make arrests, conduct investigations, and file criminal charges. However, they have additional enforcement responsibility that street officers are not charged with. The Constables serve and enforce civil court orders such as Writs, Citations, Subpoenas, Summons, Notices, Orders, and Warrants. Constables are not allowed to serve any papers concerning any action which that Constable may be a party to.

As of the end of 2004, Texas does not require newly elected Constables to be already certified as Texas Peace Officers. The law allows the newly elected Constable 270 days to become licensed as a Texas Peace Officer, by attending an approved academy, or challenging the licensing exam given by Texas Commission on Law Enforcement Standards and Education. After the 270 days, if the Constable has not become licensed by the State as a Peace Officer, the Constable forfeits the office, and can be removed from office by Commissioners Court. The Constables regular term of office is four years, during which time the Constable must attend and pass numerous required law enforcement courses such as Family Violence, Cultural Diversity, Civil Process, and firearms training. In addition, the State requires every Constable take a medical, psychological and emotional examination given by State approved Physicians and Psychologists/Psychiatrists.

A Constable also attends the operation of the Justice Court, providing security for the participants and enforcing orders of the Justice of the Peace. Service fees which are not collected by the Justice Court and turned over to the County Treasurer are collected by the Constable, who then, by law, must deposit those funds in the County Treasury. The Constables salary comes from the general fund of the County, and is set by the County Commissioners. Other allowances for Constable expenses may be allowed by the Commissioners Court, as well. Constables budgets and Constables fees are public record and can be reviewed by any member of the community.