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The Office of Constable is mandated by Article 5, Section 18 of the Texas Constitution, which states that in each Justice of the Peace precinct, a Constable shall be elected.

A Constable is a licensed, commissioned Peace Officer, elected by county constituents every four years for a particular area (Precinct) of that county. Each Constable office is a separate, individual county department and law enforcement agency, independent of all other county departments, elected officials, and law enforcement agencies.

In accordance with the Texas Code of Criminal Procedure, Constables have the same duties and powers as do police officers and sheriffs, and may enforce all criminal and traffic laws and conduct criminal investigations. In addition, by statute, Constables must serve all warrants, precepts, and civil process lawfully directed to them, and therefore the Constable is the chief process server for the Justice Court. Constables are also required by law to be present, or ensure one of their Deputy Constables are present, during hearings held by the Justice of the Peace.

Finally, in accordance with Section 411.009(a) of the Texas Government Code, each elected or appointed Constable is an Associate Member of the Texas Department of Public Safety, and are entitled to the rights and privileges granted to them by the Department.