HB2035

Regular Session

Relating to notice provided by a chemical dependency treatment facility to the parent, managing conservator, or guardian of a minor refused admission to the facility.

ModeratePlan for compliance

Low Cost

Effective:2025-06-20

Enforcing Agencies

Health and Human Services Commission (HHSC)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Passed with supermajority; overrides standard September 1 date).
Compliance Deadline: June 20, 2025. Facilities must comply immediately. Retroactive documentation for refusals occurring on or after this date is recommended.
Agency Rulemaking: HHSC has not yet issued specific rules regarding the *format* of this notice. Until they do, facilities are in a "regulatory gray zone" and must rely on a strict interpretation of the statute to ensure compliance.

Immediate Action Plan

1. Draft the Notice: Create a template immediately stating: *"Admission to [Facility] is declined at this time. You retain the legal right to seek voluntary treatment for the minor at another facility."*
2. Distribute to Intake: Place physical copies at all admission points and upload the template to your EHR/CRM immediately.
3. Audit Recent Denials: Review all minor refusals since June 20, 2025. If notice was not provided, send it retroactively via certified mail or encrypted email to cure the file.
4. Update Logs: Ensure your denial logs explicitly track that this specific document was delivered.

Operational Changes Required

Contracts

Vendor Agreements: No changes required.
Employment Agreements: Update job descriptions for Admissions Directors and Intake Coordinators to include this statutory notification duty as a performance metric.

Hiring/Training

Immediate Training: Intake staff must be trained to distinguish between a "referral out" and a "refusal." Any scenario where a minor presents for admission and is turned away (due to capacity, acuity, or insurance) triggers this requirement.
Scripting: Staff must be scripted to hand the written notice to the guardian *at the moment of denial*.

Reporting & Record-Keeping

New Form Required: Create a standard "Notice of Right to Seek Treatment" form.
Documentation: Implement a duplicate system:
1. Copy A: Provided to the guardian.
2. Copy B: Signed by the guardian acknowledging receipt and retained in the facility’s administrative denial/referral log.
Log Updates: Add a column to your Inquiry/Denial Log titled "HB 2035 Notice Provided" to track compliance for auditors.

Fees & Costs

Direct Costs: Negligible (printing and administrative time).
Indirect Costs: Potential administrative penalties if HHSC cites a facility for failure to notify.

Strategic Ambiguities & Considerations

Delivery Method: The statute requires "written notice" but does not explicitly validate digital delivery (text/email). Guidance: Prioritize physical paper with a wet signature. If the refusal occurs telephonically, send the notice via encrypted email immediately and retain the read receipt.
Content of Notice: The law requires notifying the guardian of their "right to seek treatment at another facility." It does not explicitly require you to provide a list of competitors or specific referrals. Guidance: Stick to the statutory language. Providing specific referrals creates liability if the referred facility fails; simply notifying them of their *right* to seek care elsewhere satisfies the statute.
Definition of "Refusal": The law does not distinguish between clinical denial and capacity diversion. Guidance: Treat "no beds available" as a refusal under this statute and provide the notice.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsFamily Family--parent & Child Mental Health & Substance Abuse Minors Minors--health & Safety Chemical Dependency Counselors Parental Notification

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

H.B. 2035

By: Oliverson

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that under current law, Texas parents and guardians are currently permitted to voluntarily commit their children, however treatment facilities are allowed to turn away clients, but oftentimes these denials leave parents with the impression that they are not permitted to force their child into treatment. H.B. 2035 seeks to ensure that parents are informed of their rights.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2035 amends the Health and Safety Code to require a chemical dependency treatment facility that refuses to admit a minor for voluntary treatment and rehabilitation to provide to the minor's parent, managing conservator, or guardian requesting the minor's admission to the facility written notice of the parent's, managing conservator's, or guardian's right to seek voluntary treatment and rehabilitation of the minor at another facility.

EFFECTIVE DATE

September 1, 2025.

House Authors

Rep. Tom OliversonRepublican · Primary Author

Joint Authors

Richard Raymond (D)

Coauthors (1)

Ryan Guillen (R)

Senate Sponsor

Sen. Kevin SparksRepublican · Primary Sponsor

Bill Text(with markup)

H.B. No. 2035

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to notice provided by a chemical dependency treatment
	facility to the parent, managing conservator, or guardian of a
	minor refused admission to the facility.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 462.022, Health and Safety Code, is
	amended by adding Subsection (e) to read as follows:
	(e) A facility that refuses to admit a minor for voluntary
	treatment and rehabilitation under this section shall provide to
	the minor's parent, managing conservator, or guardian requesting
	the minor's admission to the facility written notice of the
	parent's, managing conservator's, or guardian's right to seek
	voluntary treatment and rehabilitation of the minor at another
	facility.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 17, 2025

TO:	Honorable Gary VanDeaver, Chair, House Committee on Public Health

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB2035 by Oliverson (Relating to notice provided by a chemical dependency treatment facility to the parent, managing conservator, or guardian of a minor refused admission to the facility.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

529 Health and Human Services Commission

LBB Staff:

JMc, NPe, ER, SB

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Frequently Asked Questions

Common questions about HB2035

What does Texas HB2035 do?

HB 2035 mandates that licensed chemical dependency treatment facilities provide immediate written notice to a parent or guardian whenever a minor is refused voluntary admission. This requirement is effective immediately, necessitating an instant update to intake protocols to avoid deficiencies during Health and Human Services Commission (HHSC) surveys. Implementation Timeline Effective Date: June 20, 2025 (Passed with supermajority; overrides standard September 1 date).

Who authored HB2035?

HB2035 was authored by Texas Representative Tom Oliverson during the Regular Session.

When was HB2035 signed into law?

HB2035 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB2035?

HB2035 is enforced by Health and Human Services Commission (HHSC).

How urgent is compliance with HB2035?

The compliance urgency for HB2035 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB2035?

The cost impact of HB2035 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB2035 address?

HB2035 addresses topics including family, family--parent & child, mental health & substance abuse, minors and minors--health & safety.

Legislative data provided by LegiScanLast updated: November 25, 2025

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