The role of constables

Both are correct. According to the state constitution, constables execute warrants, evictions and serve notices from the civil and criminal courts. Constables also have the same authority as all other police agencies, and as such are required to have the same basic training.

"Every constable has to make a decision for themselves what their priorities are going to be," Elfant said.

Political affiliation

In Texas, constables predate any other law enforcement agency. The first constable was appointed by Steven F. Austin in 1823 in Central Texas, and the Constitution of the Republic of Texas in 1836 established the election of constables. The Constitution of 1876 called for the election of constables at a precinct level.

A byproduct of being elected is that, like any other elected official, constables have to declare a party. In the May 29 primary election, Ballesteros is vying for the Democratic seat for Precinct 2. Elfant, who has been the Precinct 5 constable for nearly 20 years, is running on the Democratic ballot for Travis County Tax Assessor-Collector. But both men said being part of a political party has little impact on their day-to-day duties.

"Generally, in the world of constables, the partisanship just doesn't play much of a role at all," Elfant said.

Ballesteros goes even further, saying, "I wouldn't mind this being an appointed position where I have to go take an interview with Travis County and, say, 'Look, these are my credentials and this is what I can do for the community and the taxpayers.'"

Abolishment

The Texas Legislature, which sets the constables' authority, qualifications and required training, is also where the battle to do away with the constable's office has taken place. Several bills to abolish the constable position are introduced each session.

However, the only places in Texas where constables no longer exist are in Mills, Reagan and Roberts counties.

"Most of the places where abolishment issues come up are in rural counties where the constable is not doing much and has a full-time job on the side," Elfant said.

Recently, the topic has been raised in Dallas County, where scandal has marked the constable's office. A Dallas Morning News editorial in May 2011 encouraged the county Commissioners Court, which sets the department's budget, to financially starve the position out until a new bill could go before the Legislature in 2013.

Such calls have not been made in Travis County, and in fact, the size of the constables' budget has been going up each year. In fiscal year 2011, the budget increased by 5.2 percent to $11.7 million for all five precincts and by 3.4 percent to $12.1 million this year.