The Texas Code of Criminal Procedure classifies constables and deputy constables as peace officers. [Art. 212(2), V.A.C.C.P.] Law enforcement officers are licensed by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). [§ 1701.302, V.A.O.C]
Deputies serve civil process, execute writs, and serve subpoenas for property and people. This includes, but is not limited to, citations and other notices such as eviction notices, Writs of Garnishment, Writs of Attachment, Restraining Orders, Protective Orders, Writs of Possession, Writs of Reentry, Writs of Sequestration, and Writs of Execution.
The division also has bailiff duties, which include maintaining order and courtroom security in the Justice of the Peace courts, carrying out any orders from the presiding judge, taking any persons into custody as ordered by the judge.
Civil Procedures & Definitions Forcible Entry & Detainer (Eviction)
Provide a summary, speedy, simple, and inexpensive remedy for determination of who is entitled to possession of real property and/or post due rent.
The landlord must give a 3 day written notice to the defendant before filing the eviction suit. [§ 245(a), V.A.Pr.C.] If the eviction is due to a foreclosure and the purchaser chooses to not continue the lease, the notice must be 30 days. [ld. at (b).] This notice may be in person, or
by mail at the premises in question. It may be delivered to the tenant or any person residing at the address who is 16 years of age or over, or be placed inside the main entry door. [ld. at (i).]
The eviction suit should be filed in the justice court in the county and precinct where the real property is located. The landlord may also file an Immediate Possession Eviction in which will allow the landlord possession after the expiration of 6 days from the date the defendant is served. The Immediate Possession Eviction is enforceable if the defendant fails to file
a counterbond, demand a trial hearing or default by failing to appear.
After proper notice is given to the tenant, the process of eviction is the same for residential, commercial, manufactured housing, and homeowner's associations. The Texas Property Code, the Texas Civil Practice and Remedies Code, and The Rules of Civil Procedure govern the process, which does not try title or ownership issues of rental property. The only issue in an
eviction is the right to actual possession, not the merits of the title.
Writ of Possession
Allows a landlord who prevails in an eviction suit to take possession of the premises that were in dispute.
The landlord must request issuance of the writ of possession to complete the legal steps required to remove a Tenant from the property. Once the writ is issued, the officer will post a 24 hour notice on the tenant’s door instructing that they remove their contents, or they will be removed, and placed at the city curb.
When the writ is executed, order the officer executing the writ to deliver possession to the landlord, and instruct the tenant, and all occupants to leave the premises.
Official process by which a plaintiff gives a defendant notice of suit. The purpose is to give the court jurisdiction over the parties, to satisfy due process requirements, and to provide the defendant the opportunity to appear and defend the suite.
The temporary seizure or setting aside of specific property to which a party to a suit has a claim of ownership. The object of Sequestration is to allow parties to protect and preserve their property during the suit.
A writ, issued by a court of competent jurisdiction, commanding an officer to levy upon the non-exempt property of a defendant, in satisfaction of a previous judgment rendered by the issuing court.
Order of Sale
A writ by a court of competent jurisdiction, ordering specific personal or real property to be sold in the same manner as in execution. Exempt property statutes do not apply to property listed within an Order of Sale. Sometimes utilized to sell property already in possession of an officer due to the actions of another type of writ.
Allows a commercial or residential tenant to resume possession of leased premises after an unlawful lockout.
An order issued by the court. It is a command to appear at a certain time and place to give testimony upon certain matter.
View a fee list adopted by the McLennan County Commissioners' Court. (You must select your county and year for associated fees.)