What does Texas Law say about Constables delivering Notices to Vacate?

Until recently constables in Houston were delivering Notice to Vacates to non paying tenants for landlords, during their work hours in uniform.  Texas is coming down on the precincts to stop this practice as it violates the law of a public servant using state time to deliver a notice for hire for a private individual separate from a court mandate.

Harris constables rake in thousands with eviction fees

By James Pinkerton | April 29, 2012 | Updated: April 29, 2012 9:17pm

State law and a 1997 Texas attorney general’s opinion prohibit constables from delivering the notices on county time, and they cannot wear a uniform, drive a county car, or display a badge while doing it.

Ray said that until recently some constables were not following the law and were basically profiting from a private service that relied on county-paid employees.

Guidance given

“Since we’ve been giving that advice, in the last 12 months or so, it’s my understanding they have all tried to comply with it,” Ray said.

He said only Abercia did not follow that legal guidance. Abercia was indicted in January by a federal grand jury on accusations of bribery and allegedly taking money to access criminal databases to perform unauthorized background checks.

“What I have been told is that Abercia had one deputy who served vacate notices full time, and that he had a clerk who was in charge of keeping the records and about half of that clerk’s time was taken up keeping track of the records,” Ray said.

Abercia could not be reached for comment.

‘It’s a bad law’

“It’s a bad law. There needs to be some legislation that makes it clear,” Radack said.



We at Houston Evictions will hand deliver and/or send a certified letter with a 3 Day Notice to Vacate or a 3 Day Notice to Pay or Quit. We have next day service give us a call. 832-701-7172 ask for Lisa

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