COMMENTARY -- Emotions had just begun to calm in the Texas Legislature after the bitterly fought speakers race a few weeks ago. But then, Gov. Perry surprised everyone by ordering all 6th grade girls be vaccinated for HPV.
Perry's executive orders are often major policy announcements that openly invite debate.
He ordered the Texas Education Agency to devise rules assuring 65 percent of dollars reach the classroom. He ordered speeding up the permitting process allowing TXU to build controversial coal fired electric plants.
So, something's wrong when the Governor orders a major mandate late on the Friday of Super bowl weekend when, presumably, no one was paying attention.
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HPV mandate
Gov. Rick Perry has managed to infuriate allies and enemies alike with his HPV Executive Order.
 
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The order mandates all 6th grade girls receive a new vaccine to prevent HPV, a sexually transmitted virus with established links to cervical cancer.
Why hide a major public health initiative?
Perry's social conservative base opposes mandating the vaccine arguing it could promote promiscuity. They also argue more than 500 sixth graders in Texas get pregnant every year, and the manufacturer says the vaccine could harm pregnant mother and child.
For some on the left, price is the problem. Friends tell me they paid $600-$1,400 for the vaccine, only to discover it was not covered by insurance. The governor showed no interest in negotiating the price with Merck though it will cost even the state more than $300 each for tens of thousands of young girls.
Texas' law prevents lobbying the Legislature and getting paid by contingency fee or commission. However, there is no such prohibition on lobbying agencies on procuring things like vaccines. Perry seeks to mandate more than $70 million worth of state purchases. The lead lobbyist pushing the deal is Mike Toomey, Perry's long time friend and former chief of staff. Cynics argue Perry's end run around the news cycle and the Legislature is less about women's health than it is about lobby dollars and commissions, but so far that suspicion remains speculation.
Ironically, the most enduring thing to come out of this firestorm is discovering that Executive Orders by Texas Governors carry no force of law. The Governor directed State agencies to draft rules. They are under no compulsion to do so. The Governor directed funds be spent on a program. That power belongs to the Legislature. The Governor tried to direct school districts to require the vaccine. He has no legal authority to do so.
This may yet prove to be a good idea. But all Perry has done so far is infuriate allies and enemies alike.
