HB 3358

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest

HB 3358, authored by Representative Garcia Hernandez and substituted in committee by Representative Jones of Harris, seeks to expand the statutory definition of “emergency service provider” as outlined in Section 784.001(5) of the Texas Health and Safety Code. The purpose of the bill is to extend eligibility for critical incident stress management (CISM) and crisis response services to additional professionals who are frequently exposed to traumatic and high-stress incidents but are not currently covered under existing law.

Under current statute, emergency service providers include individuals such as law enforcement officers, firefighters, emergency medical services personnel, dispatchers, and rescue service providers. This bill adds attorneys, investigators, and other staff who work in the offices of district attorneys, criminal district attorneys, and county attorneys. It also includes justices of the peace and their court staff. These additions reflect the reality that legal and judicial personnel are often involved in the aftermath of critical incidents and may face significant emotional and psychological strain.

By recognizing these individuals as emergency service providers, the bill ensures they have access to the same mental health resources and support systems as traditional first responders. The measure reflects a broader understanding of the toll that exposure to traumatic events can take on those involved in emergency response and related legal proceedings. The Act is scheduled to take effect on September 1, 2025.

The key difference between the original version of HB 3358 and the committee substitute lies in the scope of the definition of “emergency service provider” under Section 784.001(5) of the Texas Health and Safety Code. Both versions of the bill seek to expand access to critical incident stress management and crisis response services by including additional public service roles, but the substitute broadens the definition even further.

The original version of the bill introduced by Representative Garcia Hernandez proposes adding attorneys, investigators, and other staff members who work in the offices of district attorneys, criminal district attorneys, or county attorneys to the list of individuals eligible for critical incident stress services. This marks an expansion from traditional first responders to include legal professionals who often encounter the psychological aftermath of emergencies through their prosecutorial work.

The Committee Substitute, offered by Representative Jones of Harris, retains the additions made in the original bill but goes further by including justices of the peace and their court staff. This further expansion recognizes that judicial officers and their staff are frequently involved in the early phases of emergency response and death investigations and may be exposed to traumatic events, warranting inclusion in the mental health support framework.

In sum, the Committee Substitute builds on the original by encompassing a broader range of legal and judicial personnel. This change reflects a more comprehensive understanding of the diverse roles affected by critical incidents and enhances the availability of crisis response resources to those who may be indirectly impacted by traumatic events through their professional duties.

Author (4)
Cassandra Garcia Hernandez
Marc LaHood
Ann Johnson
Joseph Moody
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 3358 are minimal. The bill, which expands the statutory definition of “emergency service provider” to include additional public service roles—such as staff in prosecutors' offices and justice courts—under the Health and Safety Code, does not significantly impact state finances. The LBB anticipates that any administrative or implementation costs resulting from this broader definition, including those related to providing access to critical incident stress management and crisis response services, can be absorbed within existing agency budgets and resources.

At the local level, the fiscal impact is similarly limited. The expansion of eligible personnel does not impose direct new mandates or require additional infrastructure for local governments. The Office of Court Administration, which may be indirectly affected through its oversight of justice court personnel, also does not foresee a notable financial burden arising from the bill’s implementation.

Overall, while HB 3358 may lead to a broader group of public employees receiving access to mental health support services, the anticipated costs are not significant enough to require new appropriations or operational shifts at either the state or local government levels. 

Vote Recommendation Notes

HB 3358 merits a "Yes" vote recommendation based on its alignment with several core liberty principles, particularly those concerning individual liberty, personal responsibility, and limited government. The bill recognizes the critical role that legal professionals—especially prosecutors and justice court personnel—play in responding to and managing the aftermath of emergency incidents. By expanding the statutory definition of “emergency service provider” to include these individuals for the purposes of access to critical incident stress management (CISM) and crisis response services, the legislation takes a significant step toward improving their well-being and job retention.

The bill responds to a real occupational hazard: attorneys and prosecutors face elevated risks of mental health struggles, including depression and substance abuse, due to the intense and often traumatic nature of their work. Yet, under current law, they are excluded from peer-support and stress debriefing frameworks that other emergency responders can access without stigma or professional risk. This bill rectifies that disparity without mandating participation or creating a new entitlement—thus respecting personal agency and promoting responsible care.

Importantly, HB 3358 does not create new programs or impose financial burdens on the state or local governments. According to the Legislative Budget Board’s fiscal note, any costs associated with this expansion can be absorbed using existing resources. This restraint in government growth aligns with the principle of limited government, making the bill a measured, fiscally responsible response to a pressing professional need.

The proposed change is not only compassionate but also practical, aiming to bolster the resilience and retention of legal professionals who play vital roles in the justice system. It does so without coercion, undue cost, or expanded bureaucracy—earning a clear recommendation in favor of passage. Texas Policy Research recommends that lawmakers vote YES on HB 3358.

  • Individual Liberty: The bill enhances individual liberty by expanding access to voluntary mental health and crisis response services for attorneys, investigators, and staff within prosecutors' offices and justice courts. These individuals face unique stressors due to their roles in post-emergency legal processes. By being newly recognized as “emergency service providers,” they can seek peer support and stress debriefing without fear of professional stigma or consequences. This respects their autonomy and acknowledges the right to pursue personal well-being while serving the public.
  • Personal Responsibility: HB 3358 promotes personal responsibility by enabling legal professionals to proactively manage the mental and emotional toll of their jobs. While the state facilitates access by including them under an existing statutory definition, the decision to use critical incident stress management (CISM) services remains personal and voluntary. This framework supports self-care without mandating participation or government oversight, reinforcing the importance of individual accountability in health and professional performance.
  • Free Enterprise: There is little to no direct effect on free enterprise. The bill pertains solely to public-sector roles within the justice system and does not impose any regulation or burden on private businesses. However, indirectly, healthier and better-supported legal personnel may improve the efficiency and stability of the broader legal environment, which can benefit economic actors who rely on fair and functional public institutions.
  • Private Property Rights: This legislation does not affect private property rights. It neither grants nor restricts property use, ownership, or disposition. Its scope is limited to defining a category of professionals for access to mental health resources within the context of public employment and emergency response support services.
  • Limited Government: HB 3358 adheres to the principle of limited government. It does not create a new agency, program, or regulatory framework. According to the Legislative Budget Board, the changes can be implemented with existing resources, indicating no expansion of government spending or scope. It efficiently extends existing services to a logically connected group without increasing government intrusion or cost. Overall, the bill responsibly advances the state’s recognition of occupational mental health needs while maintaining a restrained and voluntary approach, consistent with foundational liberty principles.
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