89th Legislature

HB 35

Overall Vote Recommendation
No
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 35 establishes a First Responder Peer Support Network under the direction of the Texas Division of Emergency Management (TDEM). The network aims to provide confidential mental health support services specifically tailored to the needs of first responders, including firefighters and emergency medical services (EMS) personnel. Core features of the network include peer-to-peer counseling, suicide prevention training, the recruitment and retention of licensed mental health professionals, and the creation of regional peer support hubs to ensure access across both urban and rural areas.

The legislation mandates that information related to a first responder’s participation in the peer support network remains confidential and exempt from public disclosure laws. It also requires the division to prepare an annual report to the Governor and Legislature, detailing the program’s usage, training efforts, vacancies in leadership positions, outreach activities, and recommendations for improvements.

Additionally, HB 35 amends the Government Code and the Health and Safety Code to prohibit licensing authorities from taking disciplinary action against firefighters or EMS personnel solely based on their participation in peer support activities. This ensures that first responders seeking mental health assistance are not subject to professional penalties or stigma.

The originally filed version of HB 35 assigned responsibility for developing the First Responder Peer Support Network to Texas Southern University and situated the program within the Education Code. It included law enforcement officers, firefighters, and emergency medical services (EMS) personnel within the definition of "first responders" eligible to participate. The original bill also transferred and modified several statutes from the Occupations Code related to law enforcement peer support programs and allowed the university to adopt rules necessary for implementation.

By contrast, the Committee Substitute made several significant changes. It shifted administration from Texas Southern University to the Texas Division of Emergency Management (TDEM), a more operationally focused agency within the Government Code. The substitute also narrowed the program’s scope, removing law enforcement officers from eligibility and focusing solely on firefighters and EMS personnel. Furthermore, the substitute omitted the university’s authority to adopt rules, streamlining the program’s governance and relying on existing agency infrastructure rather than creating new regulatory processes.

Overall, the substitute version clarifies the bill’s focus, aligns it more directly with public safety and emergency management functions, and limits its scope to ensure a more targeted and operationally efficient mental health support network for non-law enforcement first responders.
Author
Senfronia Thompson
Sponsor
Royce West
Co-Sponsor
Cesar Blanco
Juan Hinojosa
Jose Menendez
Fiscal Notes

HB 35 is expected to have a negative fiscal impact of approximately $9.08 million to General Revenue-related funds over the 2026–2027 biennium​. The Texas Division of Emergency Management (TDEM), tasked with implementing the First Responder Peer Support Network, would require substantial new resources to build and maintain the program statewide. This includes the creation of regional peer support hubs, delivery of peer training programs (including suicide prevention), and connection of first responders to clinical services at no cost to the individual responders.

Specifically, TDEM would need to hire approximately 10.2 full-time employees to administer the network, including a State Program Director, eight Regional Hub Coordinators, and program specialists. These staffing and operational expenses are projected to cost about $2 million per year, covering salaries, benefits, travel, and related activities​. In addition to personnel costs, an initial $0.9 million would be needed in fiscal year 2026 for motor vehicles to support statewide recruitment and peer training operations. Establishing and operating the regional peer support hubs would also cost an estimated $2 million annually.

The bill does not make an appropriation itself but would authorize the necessary spending if funding is provided through the appropriations process. Notably, there are no significant fiscal implications expected for local governments, meaning cities and counties would not be required to expend local funds to implement or participate in the network​.

Vote Recommendation Notes

While well-intentioned, HB 35 nonetheless expands the size and responsibilities of state government by creating an entirely new program within the Texas Division of Emergency Management (TDEM). It adds a new operational mission — mental health support coordination — which extends beyond TDEM’s traditional emergency management role. This kind of agency mission expansion represents the gradual growth of government bureaucracy, even if initially limited in size.

Moreover, the bill increases the burden on taxpayers without a corresponding reduction in spending elsewhere. The program would cost taxpayers an additional $9.08 million over the next biennium​— a meaningful sum, especially when fiscal restraint should be prioritized amid broader budget pressures.

From a philosophical standpoint, mental health support services are better delivered by local communities, nonprofits, religious organizations, or professional associations, rather than through a new state-run system. Government programs often lack the flexibility, personal attention, and innovation that private or community-driven efforts can offer. By institutionalizing mental health support for first responders within a government agency, the bill may unintentionally crowd out private sector solutions.

Finally, there is a legitimate concern about future mission creep. Programs that start narrowly often expand over time, requiring additional appropriations, expanding their target populations, or becoming permanent fixtures in the state budget regardless of performance outcomes. Without hard limitations or sunset provisions, this new peer support network could grow beyond its initial mandate, increasing state responsibilities and spending in ways lawmakers may later regret. Texas Policy Research recommends that lawmakers vote NO on HB 35.

  • The bill protects first responders’ freedom to seek mental health support without fear of professional retaliation. It safeguards confidentiality and voluntary participation — no first responder is forced into the peer network​. In that sense, it promotes personal choice and helps protect privacy rights.
  • The bill encourages first responders to proactively seek peer counseling and mental health help. However, because it is government-facilitated (rather than a private-sector or professional association-driven initiative), it shifts part of the personal responsibility for mental health from the individual and their employer to a state agency. Some might argue that this diminishes the incentive for purely private or personal solutions.
  • HB 35 does not regulate, burden, or restrict private businesses or industries. However, by providing free government-coordinated access to clinical resources, it could indirectly discourage private-sector, market-driven alternatives from forming or expanding in the first responder support space. The effect is minimal at this scale, but philosophically it represents a state intervention in a service area that the free market could otherwise meet.
  • The bill does not affect private property rights. It doesn’t authorize any taking of property, new regulations on land or assets, or any interference with ownership.
  • The bill creates a new, permanent government program within TDEM. It requires hiring at least 10 new state employees​. It adds $9+ million per biennium in new state spending without cuts elsewhere​. It shifts a traditionally private or local responsibility (mental health support) into the direct purview of a state agency. Thus, it violates the principle of Limited Government — even if it’s "well-intentioned" — by expanding state functions beyond public safety and emergency response into the realm of social services.
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