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VIDEO: Phelan Bans House Member From Making Inquiries

Phelan
Rep. Tony Tinderholt | Image by Jordan Vonderhaar for The Texas Tribune

Texas House Speaker Dade Phelan announced Thursday that he would no longer recognize Rep. Tony Tinderholt for parliamentary inquiries, effectively banning the elected representative from raising certain objections.

After the body reconvened on October 12 from a multiday recess at the beginning of the third special session, Tinderholt (R-Arlington) sought to make a parliamentary inquiry from the back mic on the House floor.

Speaker Phelan (R-Beaumont) responded, “Before I entertain your parliamentary inquiry, I would like to read into the record for inclusion in the journal a statement to remind the body of House rules governing parliamentary inquiries.”

He cited a reference in the 2010 Congressional Record to House rules adopted by the body, which states, “A parliamentary inquiry should relate in some practical sense to the pending proceedings.”

“Members should not expect to engage the Chair in argument,” the record continued. “A Member seeking to make a point on the merits of an issue — whether it is one of policy or one of process — may do so by engaging in debate.”

After reading the precedent, Phelan said he would hear Tinderholt’s inquiry. The representative asked a clarifying question about how parliamentary inquiries were received during his decade-long tenure in the House.

In a markedly louder voice than he had been using previously, Phelan declared, “Mr. Tinderholt, that is not a proper parliamentary inquiry.”

“You have been repeatedly advised that your parliamentary inquiries are not proper, and you have been repeatedly advised of the requirements under the rules and precedents,” the speaker continued.

“In light of your long history of refusing to comply with those requirements, the chair has no choice but to interpret your persistent violation of the rules as both willful and dilatory,” Phelan claimed. “Accordingly, before entertaining any further parliamentary inquiries from you this session, you will have to come down front and visit the chair or the parliamentarians to ensure that your proposed inquiries do not violate the rules.”

“At this time, the chair declines to entertain any further inquiries from you, Mr. Tinderholt,” Phelan concluded.

Calling the decision “tyrannical,” Rep. Tinderholt promised, “I won’t stop fighting for the conservative values that Texans demand and that Speaker Phelan is obstructing. Texans and our chamber deserve better.”

In a later post, the representative added, “By insisting that I ask questions at the dais rather than on the back mic, [Phelan] isn’t keeping me from speaking, he’s keeping you from hearing what’s said. The Austin Establishment is terrified of the well-informed voter.”

Tinderholt explained to The Dallas Express, “The Speaker’s actions today were the most tyrannical I have ever seen taken in the Texas House.”

“Several Representatives who have been here many years longer than I have also echoed that sentiment,” he continued.

“What voters should recognize is that forcing me to ask my questions at the dais isn’t designed to keep me from getting answers. It’s designed to keep voters from hearing.

“The Austin Establishment is terrified of what will happen to them when the People of Texas see what their ‘Republican’ legislators are actually doing to our State.”

Phelan’s decision was widely denounced by some notable Texas political leaders.

Attorney General Ken Paxton, who has endorsed Phelan’s primary challenger, said, “This sounds like a totalitarian government where leadership controls and bans free-speech.”

“[Rep. Tinderholt] is an elected representative, and should have the same rights to ask questions for his district as every other elected representative in Texas,” Paxton added. “Resign, Dade!”

Similarly, Rep. Brian Harrison (R-Midlothian), a staunch critic of Phelan’s leadership, shared a video of the exchange and expressed exasperation that Phelan “silenced [a] conservative House member.”

Matt Rinaldi, the chairman of the Texas GOP, said, “What a disaster. In all seriousness, I hope more reasonable minds among those valuing some semblance of stability realize this Republican vs Texas House sh— show is only going to escalate until there is a new House Speaker.”

“A clean slate would benefit all parties and Texas,” he suggested.

Likewise, Tim Hardin, the CEO of Texans for Fiscal Responsibility, responded, “Taxpayer champion [Rep. Tinderholt is] denied his right to ask questions on behalf of taxpayers. Funny how all these uniparty leadership regimes always end in tyranny.”

After conducting other business, Phelan adjourned the House until Monday, October 16. However, no legislation has been advanced by the House pertinent to the special session call, and no committees have met yet.

On the other hand, the Senate immediately began to hold hearings on the various bills filed by members and has already recommended several to the body, as reported by The Dallas Express.

Phelan has been criticized for dragging his feet in having the House address issues such as border control, school choice, and informed medical consent, focusing instead on barring members from making parliamentary inquiries.

As Rep. Harrison previously told The Dallas Express, “Texans deserve immediate action, yet, while the Senate has been hard at work passing strong legislation, the Texas House adjourned, and, despite bold bills already written and filed, has not even referred a single one to committee.

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