If there is a vacancy in the office of constable, can the Commissioners Court appoint someone to serve in the job as a �pro tem� (and at the discretion of the Court) like happens occasionally in the county attorney�s office, or does a person have to be appointed to serve out the unexpired term of the office?

Loc. Gov't Code sec. 87.041.

(a) The commissioners court of a county may fill a vacancy in the office of: ...

(11) constable.

...

(c) The person appointed by the commissioners court to fill the vacancy shall hold office until the next general election.

Why would you appoint one? Guess my experience with constable is showing...

I don't think a "pro tem" appointment is authorized, but since the statute says "may" there is no requirement that any appointment be made. Even if the Comm'rs choose to make an appointment, there does not appear to be any time frame set for that, so they could allow the position to remain vacant for months (or even until the next general election, when anyone could file for it). Have to agree with Lisa - does the position really need to be filled?

I agree with Lisa. If you are lucky enough not to have a constable, rejoice!

If there is a Chief Deputy or a First Assistant (or only one deputy, who would, I suppose, by default probably be the Chief Deputy), they can continue the operation of the office sort of as an acting Constable without appointing a new constable; you'll want him/her bonded, etc. See Government Code 601.002.

Another possibility: Constables have jurisdction throughout the County, so you could have another precinct's constable from your county handle those duties until the next election. Local Government Code 86.021.

But, there is no mechanism to appoint a temporary constable.

I suspect a small county probably doesn't have any deputy constables, much less a chief deputy. But if there is one, Ann's assertions are correct.

Not only does the express language of Local Government Code section 87.041 support the idea that the commissioners court is not required to appoint a successor constable within any particular timeframe, so too does the AG opine that no such mandatory duty exists. See Op. Tex. Att'y Gen. No. JC-0140 (1999). Another provision the commissioners court might want to consider is Tex. Const. art. 5, sec. 18(h). That provision says that the commissioners court may "declare the office of constable in a precinct dormant if at least seven consecutive years have passed since the end of the term of the person who was last elected or appointed to the office and during that period of time no peroson was elected to fill that office, or during that period a person was elected to that office, but the person failed to meet the qualifications of that office or failed to assume the duties of that office." If the office is declared dormant, the office may not be filled by election or appointment, and the previous officeholder does not continue as a holdover.

The one "pro" that comes from filling an unexpired term is that it is an opportuntiy for the Commissioners to appoint someone who might possibly do a good job if elected. If the Commissioners leave the position open and wait until the next election to fill the vacancy, they will have to deal with whatever odd-balls might choose to run. To paraphrase Forrest Gump's mother, an election is like a box of chocolates.

(You never know what you're gonna get.)