A Bexar County constable is an elected Texas peace officer who runs one of the county’s four precinct offices, serving legal papers for the courts, carrying out evictions and other Justice of the Peace orders, executing arrest warrants, and providing security inside JP courtrooms. The office carries the same peace officer authority as a sheriff’s deputy or city police officer, but its day-to-day work is tied to the civil courts in a way other law enforcement agencies are not.
Most residents meet a constable’s deputy for one of three reasons: someone handed them a lawsuit, their landlord got a court order to remove them, or a deputy showed up with a warrant. Each of those tasks runs on its own rules.
Two Jobs in One Office
The constable’s office straddles civil court administration and criminal law enforcement, which is unusual. Most agencies do one or the other.
On the civil side, constables are the enforcement arm of the Justice of the Peace courts. Deputies deliver citations, subpoenas, protective orders, and eviction notices. They execute writs of possession, garnishment, and attachment. When a JP court is in session, deputies work as bailiffs.
On the criminal side, deputies patrol assigned areas, run traffic enforcement, and execute arrest warrants on misdemeanor and felony charges. Some Bexar County precincts also operate community programs focused on environmental enforcement and truancy prevention.
Every constable and deputy holds full peace officer status under Texas law, with authority to make arrests for offenses committed in their presence, execute warrants, conduct traffic stops, and use force when legally justified.1State of Texas. Texas Code of Criminal Procedure Art. 2A.202 – Peace Officers That authority depends on active licensure through the Texas Commission on Law Enforcement.2Texas Commission on Law Enforcement. Training Requirements
Serving Legal Papers
Serving civil process is the function most residents encounter. If you need someone served with a lawsuit, subpoena, or protective order, the paperwork has to come from a court first. You file your case with the appropriate clerk — the District Clerk for district court matters, or the County Clerk or JP court clerk for other cases — and the court issues the citation or subpoena with a case number. Without that case number and properly issued documents, the constable’s office cannot act.
You then take the paperwork to the constable’s office covering the precinct where the person needs to be served. A valid physical address is essential. A description of the person and good times to find them home help, but a bad address is the single most common reason service fails or gets delayed.
Personal and Substituted Service
The default method is personal service: a deputy hands the documents to the named person and endorses the date on the citation. If diligent attempts fail, you can file a motion with the court under Texas Rule of Civil Procedure 106 asking for substituted service.3Supreme Court of Texas. Order Amending Texas Rules of Civil Procedure 106 and 108a That motion must be sworn, must identify where the person can probably be found, and must describe what has already been tried.
If the court grants it, a deputy can leave copies with anyone over sixteen at the specified location, or serve by another method the court approves, including email or social media where the evidence shows the method will actually reach the person.3Supreme Court of Texas. Order Amending Texas Rules of Civil Procedure 106 and 108a
The Return of Service
After serving, the deputy completes a Return of Service and files it with the court. Rule 107 requires it to include the cause number and case name, the court, a description of what was served, the date and time the process was received, who was served, the address, the manner of service, and the name of the person who delivered it. If service failed, the return has to describe the efforts and explain why.4Supreme Court of Texas. Texas Rules of Civil Procedure Rule 107 – Return of Service This filing becomes the official proof that notice was given.
Military Status Affidavits
Before a court enters a default judgment against someone who did not respond, the plaintiff has to file an affidavit stating whether the defendant is on active military duty. The federal Servicemembers Civil Relief Act requires it. If the defendant is serving, the court must appoint an attorney before proceeding; if status cannot be determined, the court may require a bond. A false affidavit carries penalties up to a year of imprisonment and a fine.5Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments Given Bexar County’s large military community, this issue comes up more often here than in most Texas counties.
Evictions and Writs of Possession
Evictions are one of the most visible functions of the office and one of the most misunderstood. A landlord cannot call the constable and have a tenant removed. The case starts in Justice of the Peace court, where the landlord files an eviction suit and pays for service of an eviction citation. Only after the court enters judgment can a writ of possession be issued.
Once the constable receives the writ, a deputy posts a written warning notice on the front door of the unit. The deputy must then wait at least 24 hours after posting before executing a writ issued on a final judgment. During execution, the deputy keeps the peace and oversees the removal; the landlord or the landlord’s movers handle the physical removal of property. Belongings are placed outside but cannot block a sidewalk, street, or driveway.
Timing is restricted. Writs of possession can be executed Monday through Saturday at any hour, never on Sunday, and cannot be executed during rain, snow, or sleet. A writ expires 90 days from the date of judgment and generally must be issued within the first 60 days unless the judge finds good cause for a later issuance. The deputy who executes a writ is shielded from liability for resulting damages when acting in good faith and using reasonable care.
Arrests, Warrants, and Jurisdiction
A constable’s authority stretches beyond the home precinct. A deputy can execute civil or criminal process anywhere in Bexar County and can serve civil process in any contiguous county. Arrest warrants reach further still: a warrant issued by a magistrate is good anywhere in Texas, and any peace officer holding it can execute it in any county in the state.6Justia Law. Texas Code of Criminal Procedure Art. 15.06 – Warrant Extends to Every Part of the State
In practical terms, a Bexar County deputy constable can serve you with a subpoena at any address in the county regardless of precinct, follow service into an adjacent county, and arrest a person on a warrant anywhere in Texas. The main tie to the home precinct is the Justice of the Peace court the office supports.
The Four Precincts and Finding the Right One
Bexar County operates four constable precincts, each headed by a constable elected to a four-year term.7Bexar County, TX – Official Website. Constables The Commissioners Court draws the precinct boundaries. Each office hires its own deputies, sets its own policies, and manages its own budget, operating independently of the other three and of the Bexar County Sheriff’s Office. The office is created by the Texas Constitution, so no county official can abolish it.8FindLaw. Texas Constitution Art. 5, Section 18 – Division of Counties Into Precincts
In general, Precinct 1 covers the southern part of the county, Precinct 2 the west, Precinct 3 the north, and Precinct 4 the east. Boundaries shift when the Commissioners Court redraws precinct lines, so check the county’s interactive precinct map before assuming which office to contact.9Bexar County, TX – Official Website. Voter Precincts Contact information for all four precinct offices is posted on the county website.7Bexar County, TX – Official Website. Constables Bringing paperwork to the wrong precinct will not derail your case, but it will cost you a trip.
What It Costs
Civil process fees are set by county order, with the current schedule effective January 1, 2026.10Bexar County, TX – Official Website. Order Authorizing Fees for Service of Civil Process The fees residents hit most often:
- Standard citation: $92
- Subpoena: $92
- Service by certified mail with restricted delivery, postage included: $92
- Citation by posting at the courthouse door: $47
- Eviction citation: $117
- Writ of possession: $282
- Writ of garnishment: $157
- Writ of execution or order of sale: $282
- Mental health transport within Bexar County: $157
Writs that involve enforcement of a judgment or seizure of property carry an added charge of $75 per hour per deputy after the first two hours, and mileage is billed on top at the IRS business standard rate.10Bexar County, TX – Official Website. Order Authorizing Fees for Service of Civil Process
If You Have a Complaint About a Deputy
Constables and their deputies act under color of state law, which means they are subject to federal civil rights suits under 42 U.S.C. § 1983 for conduct that violates constitutional rights, including Fourth Amendment protections against unreasonable searches and seizures.11Office of the Law Revision Counsel. 42 USC 1983 – Civil Action for Deprivation of Rights Section 1983 is the same vehicle used in excessive force and unlawful detention cases against police officers. If you believe your rights were violated during service of process, an eviction, or a traffic stop, an attorney can advise you on a Section 1983 claim. Complaints about deputy conduct can also be directed to the individual constable’s office, or to TCOLE if the concern involves a licensing violation.12Texas Commission on Law Enforcement. Frequently Asked Questions