Texas Attorney General Opinion, KP-0189, answers this question from the Liberty County Attorney:
Whether an elected constable and deputy constables may simultaneously serve under the sheriff, specifically to perform tasks related to the duties of a weight- enforcement officer under Transportation Code chapter 621
What does the Opinion say?
- A Sheriff’s deputy is specifically listed in Chapter 621 of the Transportation Code to serve as wieght-enforcement officers & there is no prohibition of that person also being a constable or constables deputy for 3 reasons:
- No Statute prohibits simultaneous service of constables
- The Texas Constitution does not prohibit a person from serving as constable or deputy constable and the position of deputy sheriff
- Common law doesn’t prohibit also serving as a deputy sheriff weight-enfrocement officer because a sheriff’s deputy is not considered an office.