Court approves increases to constable eviction and writ fees, adds new 'squatters' writ fee

The Commissioners Court approved an increase in constable service fees Monday, raising eviction- and forcible-detainer citation fees to $125 and adding a combined writ-of-possession/squatters-writ fee set at $225. The constable who presented the item said new state law and recent court changes have added procedures and time pressure on constable offices when serving eviction matters and the recently enacted squatter-related writ that went into effect Sept. 1 has added immediate workload.

The constable explained that the ‘squatters’ writ’ process allows landlords to file directly with the constable or sheriff (not through the court) under specified statutory standards; local constables are responsible for promptly verifying claims and physically removing occupants when appropriate. The presenter described instances of hazardous conditions encountered during evictions and said staff levels in the office remain a single‑deputy operation for the county’s scope of work.

Commissioner discussion focused on keeping fees uniform across the county and avoiding fee differentials that would push requests to the sheriff’s office simply because of lower charges. Commissioners asked staff to coordinate with the sheriff to keep rates aligned; the court approved motions to raise the constable fees and to apply changes uniformly with the sheriff’s fees (vote 5–0).

Authorities cited in the discussion included Texas Government Code section 118.131, which governs constable fees and service charges. The court’s action permits the constable’s office to begin charging the higher fees under the county’s fee schedule once administrative updates are completed.

Discussion-only items included anecdotal accounts of squatters and fires in vacant structures that the constable tied to squatters activity. Direction given to staff included confirming precise billing lines and ensuring that clerk/judicial offices and the constable’s office update payment and remittance processes to reflect the new fees.

The court approved the fee changes by unanimous vote, 5–0.