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Signed Into Law
Signed June 20, 2025Effective 2025-06-20
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.

Government Affairs & Regulatory Compliance Analysis

HB2035: Government Affairs Overview

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.

Rep. Tom Oliverson·House Bill·Regular Session

Moderate
Low Cost
Effective:2025-06-20
Business Impact

Who HB2035 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: moderate

Notable regulatory updates (effective 2025-06-20). Consider how these changes may affect your operations.

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Healthcare

Affected business types:

  • Hospitals
  • Healthcare systems
  • Medical practices
  • Health insurance providers
View all healthcare legislation

Key Operational Considerations

  • 1Vendor Agreements: No changes required.
  • 2Employment Agreements: Update job descriptions for Admissions Directors and Intake Coordinators to include this statutory notification duty as a performance metric.
  • 3Scripting: Staff must be scripted to hand the written notice to the guardian *at the moment of denial*.

Estimated Cost Impact

lowMinimal cost impact anticipated.

Enforcing Agencies

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HB2035
Relating to notice provided by a chemical dependency treatment facility to the parent, managing conservator, or guardian of a minor refused admission ...
Moderate Urgency
Unanimous Passage
House Vote148 - 0
YEA
100% in favor148 voting
Senate Vote31 - 0
YEA
100% in favor31 voting
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
HHSC
Primary Author: Rep. Tom Oliverson
89th Texas Legislature
jdkey.com
01

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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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Jan 23, 2025
Passed House
May 7, 2025
Passed Senate
May 28, 2025
Signed
Jun 20, 2025
Effective
Jun 20, 2025
TopicsFamilyFamily--parent & ChildMental Health & Substance AbuseMinorsMinors--health & SafetyChemical Dependency CounselorsParental Notification
03

House Authors

Rep. Tom OliversonRepublican · Primary Author
Joint Authors
Coauthors (1)

Senate Sponsor

Sen. Kevin SparksRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Tom Oliverson

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about HB2035

Q

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.

Q

Who authored HB2035?

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

Q

When was HB2035 signed into law?

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

Q

Which agencies enforce HB2035?

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

Q

How significant are the changes in HB2035?

The regulatory priority for HB2035 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

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.

Q

What topics does HB2035 address?

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

Q

What are the key dates for HB2035?

Key dates for HB2035: Effective date is 2025-06-20. Consult with legal counsel regarding applicability.

Q

What are the penalties under HB2035?

HB2035 establishes the following penalties: administrative penalty of Potential licensing sanctions/fines (standard HHSC enforcement) for Failure to provide mandatory written notice to guardian upon refusal to admit a minor.. Consult with legal counsel for specific applicability to your situation.

Q

Which Texas businesses are affected by HB2035?

HB2035 primarily affects healthcare providers and medical facilities. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026