You might almost feel a bit of sympathy for Rick Perry. Almost.
After all, it isn’t often that the leader of one of this nation’s greatest states get his hand slapped by both the legislative and judicial branches of government, all in the same week.
Last Tuesday, State District Judge Stephen Yelenosky rebuked Gov. Perry’s executive order to “fast track” the permitting process for a clutch of new coal-fired electrical generating plants.
Then, the very next day, the House Public Health Committee repudiated Perry’s mandate that all sixth-grade girls be vaccinated for the human papilloma virus. Since the bill the committee was considering had 90 sponsors, it’s probably a lock for passage when it goes to the House floor for debate.
It’s as if Perry had said, “Hey, guys … let’s go this way! Talley Ho!” and the state’s legislators and judges turned around, looked at him askance and replied, “And, who are you, exactly?”
And, really, that’s as it should be. In these two cases, at least, Perry overstepped his authority, and the folks against whom he trespassed told him so.
On the one hand, the state’s judiciary ruled the governor can’t just set aside processes and procedures, designed to curb the damaging excesses of big polluters, simply because the permitting rules take danged near one year to observe. On the other, legislators took serious umbrage at Perry’s decision to bypass the legislative process in favor of a flat mandate for a health issue that probably deserves a great deal of public debate.
You have to wonder a bit at Perry’s “fast track” order, especially after the furor raised in rural Texas by the proposed Trans Texas Corridor. I agree we’ll need the power in the not-too-distant future (just like we’ll need to address our highway system) but is this really the best way to go about it?
And, why are we in such a hurry?
And, do we really want to return Texas to the bad old days when power plants belched thick, black smoke into the air, refineries pumped toxic sludge into our bays and trucks drove through our residential streets spraying DDT to control mosquitoes?
I don’t think so. While the process to permit a new power generating plant can be expensive and excruciating, that process is there for some very good and very sound reasons.
Besides, the plants will probably get approved anyway. It’s Big Bid’ness, after all. This just gives us all a chance to get used to the idea.
On the other issue, I have to admit a grudging respect for Perry while at the same time wondering at his incredible hubris. If his heart’s in the right place (and, on this issue, I believe it probably is), that decision took a lot of courage. There are few orders he could issue more likely to profoundly upset his base than one mandating a vaccine, that controls the spread of a sexually transmitted disease, be given to sixth-grade girls.
On top of that, we’re Texans, by gum! We don’t kowtow to just anyone. I mean, who is this guy to tell us how to raise our kids!? (Never mind that the vaccine will also likely prevent the most common form of cervical cancer in a tremendous number of women and, like the power plants and highway, be approved anyway.)
Perry must miss his days as lieutenant governor. The Governor of Texas barely has the authority to blow his nose on his own, much less make sweeping, unilateral changes to environmental and public health policy. Texas may be one of the greatest states in the nation but everybody knows its governor is among the weakest.
The lieutenant governor is the state’s most powerful elected official and even he has to bow to the appearance of a legislative process. But, even then, the lieutenant governor is only as powerful as the Senate allows, which it usually does (for modern examples, see Bob Bullock, Bill Hobby, et al.).
Oh, uhh ... as I recall, the Senate curtailed the lieutenant governor’s power those two years Perry held the post.
Instead of side stepping the rules, Perry should encourage vigorous public debate on issues that are sure to be controversial. This is laudatory and well within his purview as governor. Anything else smacks of overweening pride and behind-the-scenes deal making.
This column was syndicated Feb.2, 2007.
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