This is a rush transcript from "On the Record," August 12, 2009. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: Houston, Texas, Congresswoman Sheila Jackson Lee holds a town hall and actually answers her cell phone while cancer survivor asks her a question.


TRACY MILLER, ATTENDED HOUSTON TOWN HALL: It cannot happen without encroaching on someone else's civil liberties. And if your conscience allows you to proceed (INAUDIBLE) think it's good for America, then...


UNIDENTIFIED MALE: Seriously. Really, I mean, come on!


MILLER: And where our conscience allows it, then (INAUDIBLE) you think this is good for America (INAUDIBLE) tyranny, and when does it stop?


VAN SUSTEREN: Tracy Miller asked that question, and joins us live. Good evening, Tracy. Tracy, that video looks positively horrible from our end. Was there any innocent explanation by the congresswoman for what happened? Did she talk to you later about it?

MILLER: I did talk to her later, but not about her using the phone. What appeared to be happening was her staff or handlers there on the scene were telling her people that she needed to give shout-outs to that were coming into the town hall, like local political leaders and such.

VAN SUSTEREN: So who -- I mean, who was she talking to when she -- I mean, was it -- did she -- let me stop. Did she pick up the phone in the middle of your question? And if yes, do you know who was she talking to?

MILLER: Yes, she did pick up the phone in the middle of the question. I don't know who she was talking to, but it seemed to be someone in the room because every time she would get on her phone, she would shortly after that give a shout-out to someone in the room, whether it be a judge or an administrator from Houston Independent School District.

VAN SUSTEREN: Did she apologize?

MILLER: No, she didn't apologize, although afterward, I talked to her and I thanked her for keeping her town hall open to people that were not her constituents because Jean Green (ph) here locally did not do the same.

VAN SUSTEREN: Did you actually get your question asked and answered of the congresswoman at any time?

MILLER: No, my question was not directly answered. She just basically, you know, made a remark about me having the cancer and that people like me would not be able to afford health insurance and that this bill, she said, would help them.

VAN SUSTEREN: During the time that you were asking the question, it's sort of hard to tell from the video, but were people -- people yelling things out? Were they saying things to the congresswoman or saying things to you?

MILLER: They were saying, She's not listening to you, and they were wanting her to get off her phone, telling her that she was being rude.

VAN SUSTEREN: Did she continue to do that after your question? Did she do that to others?

MILLER: Yes, she did do it to two other people that asked questions during the course of the town hall.

VAN SUSTEREN: Did she -- did any -- I mean, was anybody unglued by this? I mean, it's -- it's one thing, I guess, to do it on time by mistake, apologize and move on, but did the crowd get a little rowdy or -- because it's -- it's not getting any nicer the more times you do it.

MILLER: Well, you know, it didn't get any rowdier than what you heard there on that video clip. You know, people did make remarks whenever she would get on the phone because they thought that was rude. But she, in turn, told one lady that was sitting behind me -- a lady behind me told her that she was being rude, and she turned to her and said, I am not rude, so...


VAN SUSTEREN: Why did you go to this town hall meeting?

MILLER: Well, I went to ask some questions I had for the congresswoman. And once I got there and saw her presentation, which she was doing in an effort, she said, to dispel the myths about the health care bill, I changed my question to the one you just heard.

VAN SUSTEREN: Are you -- are you now more inclined to be -- to be in favor of it or less in favor of the health care bill after going to this town hall meeting?

MILLER: Nothing has changed. I'm not in favor of it.


MILLER: Because I believe that no bureaucracy should be involved in health care decisions. You know, I had decisions to make for my daughter when she had kidney problems over a year ago, and I like that decision being between me and my doctor and not a bureaucracy. And some of the things with my situation, with the cancer condition I had, and with my daughter's birth defects, I believe under the socialized health care that they're promoting would be -- you know, it would be rationed, and maybe we wouldn't have been found to have these conditions at all and not -- and we wouldn't have been treated.

VAN SUSTEREN: Well, I don't mean to be flip, but it sounds like you need an apology from the congresswoman, and maybe you're going to have to get yourself a beer summit here in Washington. Not meaning to be flip, but that was pretty -- pretty unbelievably rude behavior. Tracy, thank you and good luck.

MILLER: Thanks.

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