March 14 (Bloomberg) -- The Texas House of Representatives voted today to overturn Governor Rick Perry's executive order that sixth-grade girls be vaccinated against the virus that causes cervical cancer.

The measure passed 118 to 23, according to Chris Cutrone, a spokesman for House Speaker Tom Craddick. A similar bill in the Texas Senate has been sponsored by half the members. It's still under consideration by a committee.

Perry's order made Texas the first state to mandate the use of the vaccine against human papillomavirus, the most common sexually transmitted disease in the U.S., which can cause cervical cancer. In a preliminary vote yesterday, the House rejected Perry's order 119 to 21 with one abstention.

Perry's office again defended the order. ``The governor believes we should protect as many young women as possible -- rich and poor, insured and uninsured -- while maintaining parents' rights to opt their daughter out of receiving the vaccine,'' spokeswoman Krista Moody said in an e-mailed statement.

New Mexico, Virginia

The mandate's opponents include parents concerned about the vaccine's safety and conservative Christians who worry that the vaccine will encourage promiscuity. Perry's action has also drawn the ire of lawmakers who say the governor's order usurped the authority of the Legislature.

Perry is a Republican, and the party controls both houses of the Legislature.

The vaccine, Merck & Co.'s Gardasil, was approved by the U.S. Food and Drug Administration in June for use in girls and women ages 9 to 26. It's recommended for 11- to 12-year-old girls.

New Mexico's House of Representatives passed a bill mandating the vaccine on March 11, and Governor Bill Richardson said he would sign it into law by the end of this week. Virginia Governor Tim Kaine has said he plans to sign a similar bill. Both are Democrats.

Perry hasn't indicated whether he'll veto the bill if it reaches his desk. If he does, it's unlikely that the Legislature could override the veto because of the way the legislative process in Texas is structured, said Sherri Greenberg, a former member of the Texas House who is a fellow in state government at the University of Texas at Austin.

Legal Option

Depending on when the Legislature completes action, Perry would have 10 to 30 days to issue a veto. If the legislature has adjourned as required by law May 28 without voting to override, sponsors would have to reintroduce the bill in the next session and start the process over. The Legislature only meets every other year, unless the governor calls a special session for a specific agenda.

``Technically, in the Constitution, there is an override, but not from a practical standpoint in Texas,'' Greenberg said. ``It takes the impossible.''

The last time the legislature overrode a governor's veto was in 1979.

Vaccination opponents may turn to legal challenges. ``It's an open question currently in the courts as to whether the governor has the power to issue binding executive orders,'' said Cal Jillson, a political science professor at Southern Methodist University in Dallas.

Texas Attorney General Greg Abbott told legislators March 12 that the order ``does not carry the weight of law,'' according to a statement issued by state Senator Jane Nelson, a Republican from Lewisville, and Representative Jim Keffer, a Republican from Eastland. Abbott spokesman Jerry Strickland declined to comment on the statement.

Merck Ties

Perry has also drawn criticism for his ties to Merck. His former chief of staff, Mike Toomey, is a Merck lobbyist, and the drugmaker gave Perry's re-election campaign $6,000 on a single day in September, according to Texans for Public Justice, a campaign watchdog group.

``To assert Governor Perry's executive order was issued due to political motives is absurd,'' Moody said. ``Regardless of what company it is or who works for them -- if someone comes to the governor and says they have an effective tool to prevent cancer, he is going to listen.''

Shares of Whitehouse Station, New Jersey-based Merck fell 10 cents to $43.27 as of 4:25 p.m. in New York Stock Exchange composite trading. The shares have risen 23 percent in the past 12 months.

To contact the reporter on this story: Margot Habiby in Dallas at mhabiby@bloomberg.net.

Last Updated: March 14, 2007 16:42 EDT