With the Senate failing Thursday to confirm the appointment of Don McLeroy as chairman of the Texas State Board of Education, what happens next? Here’s what Article 4, Section 12, of the Texas Constitution says about gubernatorial appointments:
(f) If an appointee is rejected, the office shall immediately become vacant, and the Governor shall, without delay, make further nominations, until a confirmation takes place. If a person has been rejected by the Senate to fill a vacancy, the Governor may not appoint the person to fill the vacancy or, during the term of the vacancy for which the person was rejected, to fill another vacancy in the same office or on the same board, commission, or other body.
Gov. Rick Perry presumably will choose a fellow Republican to serve as chairman, and that appointee won’t be subject to Senate confirmation until the next time the Legislature is in session. Dallas Republican Geraldine “Tincy” Miller, who served as chairman for two terms ending in 2007, is not eligible to head the board again until 2011. (See Sec. 7.107 of the Texas Education Code.)
Eligible board Republicans include David Bradley of Beaumont Buna, Barbara Cargill of The Woodlands, Cynthia Dunbar of Richmond, Terri Leo of Spring, Gail Lowe of Lampasas and Ken Mercer of San Antonio — all members of the McLeroy faction. The two remaining Republicans are Bob Craig of Lubbock and Pat Hardy of Fort Worth.
The new board chairman will preside over the revision of social studies curriculum standards and the adoption of language arts and possibly science textbooks in the next two years. So any opinions on whom Gov. Perry will (or should) choose?