Sec. 86.012.  RESERVE DEPUTY CONSTABLES.  (a)  The commissioners court of a county may authorize a constable of the county to appoint reserve deputy constables. The commissioners court may limit the number of reserve deputy constables that a constable may appoint.

Text of subsection effective until January 01, 2025

(b)  A reserve deputy constable serves at the discretion of the constable and may be called into service at any time that the constable considers it necessary to have additional officers to preserve the peace and enforce the law.  The constable may authorize a reserve deputy constable who is a peace officer as described by Article 2.12, Code of Criminal Procedure, to carry a weapon or act as a peace officer at all times, regardless of whether the reserve deputy constable is engaged in the actual discharge of official duties, or may limit the authority of the reserve deputy constable to carry a weapon or act as a peace officer to only those times during which the reserve deputy constable is engaged in the actual discharge of official duties.  A reserve deputy constable who is not a peace officer as described by Article 2.12, Code of Criminal Procedure, may act as a peace officer only during the actual discharge of official duties.  A reserve deputy constable, regardless of whether the reserve deputy constable is a peace officer as described by Article 2.12, Code of Criminal Procedure, is not:
(1)  eligible for participation in any program provided by the county that is normally considered a financial benefit of full-time employment or for any pension fund created by statute for the benefit of full-time paid peace officers;  or
(2)  exempt from Chapter 1702, Occupations Code.

Text of subsection effective on January 01, 2025

(b)  A reserve deputy constable serves at the discretion of the constable and may be called into service at any time that the constable considers it necessary to have additional officers to preserve the peace and enforce the law.  The constable may authorize a reserve deputy constable who is a peace officer as described by Article 2A.001, Code of Criminal Procedure, to carry a weapon or act as a peace officer at all times, regardless of whether the reserve deputy constable is engaged in the actual discharge of official duties, or may limit the authority of the reserve deputy constable to carry a weapon or act as a peace officer to only those times during which the reserve deputy constable is engaged in the actual discharge of official duties.  A reserve deputy constable who is not a peace officer as described by Article 2A.001, Code of Criminal Procedure, may act as a peace officer only during the actual discharge of official duties.  A reserve deputy constable, regardless of whether the reserve deputy constable is a peace officer as described by Article 2A.001, Code of Criminal Procedure, is not:
(1)  eligible for participation in any program provided by the county that is normally considered a financial benefit of full-time employment or for any pension fund created by statute for the benefit of full-time paid peace officers; or
(2)  exempt from Chapter 1702, Occupations Code.
(c)  Except as provided by Subsection (c-1), a reserve deputy constable must take the official oath and must execute a bond in the amount of $2,000, payable to the constable.  The oath and bond must be filed with the county clerk of the county in which the appointment is made.  Except as provided by Subsection (c-2), the oath and bond must be given before the reserve deputy constable's entry on duty and simultaneously with the officer's appointment.
(c-1)  If a constable appoints more than one reserve deputy constable, the constable may execute a blanket surety bond to cover the reserve deputy constables. Instead of a reserve deputy constable executing an individual bond under Subsection (c) or the constable executing a blanket surety bond, the county may self-insure against losses that would have been covered by the bond.
(c-2)  A person reappointed as a reserve deputy constable may continue to perform the duties of office before retaking the official oath. The reserve deputy constable must retake the oath as soon as possible after being reappointed.
(d)  While actively engaged in an assigned duty at the call of the constable, a reserve deputy constable is vested with the same rights, privileges, and duties of any other peace officer in this state.
(e)  The county and the constable do not incur any liability by reason of the appointment of a reserve deputy constable if the reserve deputy constable incurs a personal injury while serving in that capacity.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 90, Sec. 3, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.822, eff. Sept. 1, 2001.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 261 (H.B. 1241), Sec. 1, eff. June 17, 2011.
Acts 2021, 87th Leg., R.S., Ch. 234 (H.B. 1049), Sec. 4, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.135, eff. January 1, 2025.