(a) If a vacancy first occurs during the transition period, the incumbent governor may appoint an individual to fill the vacancy only for a partial term expiring February 1 following the occurrence of the vacancy.
(b) This section does not apply to:
(1) a vacancy for which Article V of the Texas Constitution prescribes a different term; or
(2) an appointee of an incumbent governor if the secretary of state proclaims that, according to the secretary’s count of the returns from the general election, the governor is reelected.