# Larson Proposes to End Election of Some ‘Cabinet’ Positions | USLege

> San Antonio lawmaker seeks to convert elected statewide offices to appointed positions, including Agriculture and Land Commissioners.

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# Larson Proposes to End Election of Some ‘Cabinet’ Positions

TXElects May 10, 2016

This article is preserved from the TXElects archive. For current coverage, read [The Political Spotlight](/newsletters).

The San Antonio Express-News’ [Peggy Fikac reported](http://www.expressnews.com/news/local/article/San-Antonio-lawmaker-seeks-to-boost-governor-s-7441442.php?t=3d209e90114b6b00f7&cmpid=twitter-premium) that Rep. Lyle Larson (R-San Antonio) plans to file legislation that would give the governor the authority to appoint several offices currently elected statewide:

-   Commissioner of Agriculture
-   Commissioner of the General Land Office; and
-   A new commissioner of energy, which would replace the three Railroad Commissioners.

In the late 1940s, the Texas Legislature replaced the elective office of State Superintendent of Public Education with the appointed Commissioner of Education. This is the most recent such change that we are aware of. The last statewide elected office removed from the ballot in Texas was the State Treasurer. In 1995, voters approved a constitutional amendment abolishing the office and transferring its responsibilities to the comptroller’s office. A year earlier, voters elected Martha Whitehead to the position after she campaigned to abolish the office.

Changing a statewide elective office to an appointed one appears to be an uncommon practice across the nation. In 2011, Oregon made the superintendent of public education an appointed office. In 2003, Florida shifted the comptroller, education commissioner, secretary of state and treasurer from elected to appointed offices. Minnesota made the state treasurer an elective office in 2002.

In many states, their statewide elective offices are established by their constitutions. In Texas, the General Land Office (Art. 4. Sec. 1) and the election of the Railroad Commissioners (Art. 16, Sec. 30) are constitutionally established. Voters would need to approve changing these offices to appointed positions.

At least 12 states elect their top agriculture official. At least six states elect their top land official, and at least 13 states elect their top energy and/or utility regulator official(s).

Some of the offices appointed by the Texas governor are elected in a number of states.

-   34 states elect their secretary of state
-   23 states elect a top auditor
-   14 states elect their top education official (Others, including Texas, elect a policy board.); and
-   10 states elect their top insurance official.

Four states – Georgia, North Carolina, Oklahoma and Oregon – elect their labor commissioner. Arizona elects its mine inspector. Montana elects its Supreme Court clerk. South Carolina elects its adjutant general. Michigan elects the regents for the University of Michigan and Michigan State University (Wrap your head around _that_ in Texas.).

Texas is one of seven states to elect its highest court(s) in partisan elections. Another 15 use non-partisan elections, and 16 use the “Missouri Plan,” which involves an independent commission providing a list of names, a gubernatorial appointment and a retention election. Ten states’ governors appoint their highest court(s), and two states’ (South Carolina and Virginia) legislatures elect them.

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