Texas 2015 - 84th Regular

Texas House Bill HB3600 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4566 MCK-D
2	2	By: Miller of Fort Bend H.B. No. 3600
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of persons who assist veterans in
8	8	applying for benefits from the United States Department of Veterans
9	9	Affairs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 434, Government Code, is amended by
12	12	adding Subchapter H to read as follows:
13	13	SUBCHAPTER H. VETERANS BENEFITS ASSISTANCE
14	14	Sec. 434.351. DEFINITIONS. In this subchapter:
15	15	(1) "Accredited," with respect to an individual, means
16	16	the individual is authorized by the United States Department of
17	17	Veterans Affairs through accreditation recognition to provide
18	18	assistance to claimants in the preparation, presentation, or
19	19	prosecution of claims for veterans benefits.
20	20	(2) "Assistance," with respect to an initial claim for
21	21	veterans benefits, means providing claimant-specific advice,
22	22	direction, and recommendations for or preparing or submitting an
23	23	application or other forms for veterans benefits on behalf of a
24	24	claimant.
25	25	(3) "Claimant" means an individual who has filed or
26	26	has expressed to an individual who is a service organization
27	27	representative, agent, or attorney and who is accredited an
28	28	intention to file a written application for determination of
29	29	entitlement to veterans benefits and implementing directives.
30	30	(4) "Commission" means the Texas Veterans Commission.
31	31	(5) "Referring person" means a business,
32	32	organization, or other person who provides or may provide a
33	33	state-licensed service to a claimant or potential claimant and that
34	34	has a financial interest in a successful award for veterans
35	35	benefits from the claimant.
36	36	(6) "Veterans benefits" means a payment, service,
37	37	commodity, function, or status, entitlement to which is determined
38	38	under a law administered by the United States Department of
39	39	Veterans Affairs pertaining to veterans, dependents, and survivors
40	40	and other potential beneficiaries under Title 38, Code of Federal
41	41	Regulations.
42	42	Sec. 434.352. EXEMPTION. (a) An accredited representative
43	43	of the following organizations is exempt from this subchapter:
44	44	(1) American Legion;
45	45	(2) Veterans of Foreign Wars; and
46	46	(3) Disabled American Veterans.
47	47	(b) An accredited representative of the commission is
48	48	exempt from Section 434.353.
49	49	Sec. 434.353. DISCLOSURE REQUIREMENTS FOR ASSISTING
50	50	CLAIMANT. (a) Each individual offering to provide or providing
51	51	assistance to a veteran with an initial claim for veterans benefits
52	52	shall certify the following in writing on a form approved by the
53	53	commission:
54	54	(1) that the individual has provided evidence from the
55	55	United States Department of Veterans Affairs to the claimant that
56	56	the individual is:
57	57	(A) currently accredited, in compliance with the
58	58	provisions of Title 38, Code of Federal Regulations; or
59	59	(B) nonaccredited and working as an accredited
60	60	attorney's representative in compliance with Title 38, Code of
61	61	Federal Regulations, relating to authorized claim representation
62	62	under an attorney;
63	63	(2) that the claimant or members of the claimant's
64	64	family did not make any payment, direct or indirect, including any
65	65	disguised fees, in consideration for providing assistance with an
66	66	initial claim for veterans benefits;
67	67	(3) that the individual did not coerce the claimant or
68	68	members of the claimant's family into any monetary arrangement that
69	69	benefits the individual providing assistance; and
70	70	(4) that if, as a result of the individual providing
71	71	assistance for a claim, income is accrued to the individual
72	72	providing assistance from the sale of a product or services to the
73	73	claimant or members of the claimant's family, the income is both
74	74	justified and reasonable as compared with income from similar
75	75	products or services available in the community.
76	76	(b) A referring person or the individual providing
77	77	assistance under this section shall provide to each claimant or
78	78	each member of the claimant's family a written disclosure of the
79	79	requirements of this subchapter in a form approved by the
80	80	commission.
81	81	(c) The disclosure form required by Subsection (b) must be
82	82	signed by the individual providing assistance with an initial claim
83	83	for veterans benefits or the referring person, as applicable, and
84	84	by the claimant or members of the claimant's family. The individual
85	85	providing assistance and referring person shall:
86	86	(1) provide copies of the disclosure form to the
87	87	claimant or members of the claimant's family receiving assistance
88	88	or a referral for assistance, as applicable, on the day the form is
89	89	completed and signed; and
90	90	(2) retain the disclosure form until the third
91	91	anniversary of the date the form is signed.
92	92	Sec. 434.354. COMPLAINT PROCEDURES; AUDITS. (a) The
93	93	commission shall establish procedures for processing complaints
94	94	related to the provision of assistance with an initial claim for
95	95	veterans benefits.
96	96	(b) The commission shall investigate each complaint filed
97	97	with the commission to determine whether an individual violated
98	98	this subchapter.
99	99	(c) If, after an investigation, the commission determines
100	100	that an individual has violated this subchapter, the commission
101	101	shall:
102	102	(1) report the violation for criminal prosecution to
103	103	the appropriate prosecuting attorney in the county in which the
104	104	violation occurred; and
105	105	(2) notify the United States Department of Veterans
106	106	Affairs of:
107	107	(A) an accredited individual's violation of
108	108	Title 38, Code of Federal Regulations; or
109	109	(B) a nonaccredited individual who is providing
110	110	assistance with an initial claim for veterans benefits in violation
111	111	of Title 38, Code of Federal Regulations.
112	112	(d) The commission shall randomly audit accredited
113	113	individuals and referring persons to determine compliance with this
114	114	subchapter.
115	115	Sec. 434.355. COMMISSION DUTIES. The commission shall
116	116	notify annually, or more often as necessary, each accredited
117	117	individual and referring person of the disclosure requirements of
118	118	this subchapter, including the requirement:
119	119	(1) to provide a disclosure form to each claimant or
120	120	members of the claimant's family as provided by Section 434.353;
121	121	(2) that a copy of the completed, signed disclosure
122	122	form be:
123	123	(A) provided to the commission; and
124	124	(B) retained for three years from the date of
125	125	signing; and
126	126	(3) that referring persons may refer individuals to
127	127	provide assistance with an initial claim for veterans benefits only
128	128	if those individuals are accredited or, if nonaccredited, are a
129	129	representative of an accredited attorney.
130	130	SECTION 2. This Act takes effect immediately if it receives
131	131	a vote of two-thirds of all the members elected to each house, as
132	132	provided by Section 39, Article III, Texas Constitution. If this
133	133	Act does not receive the vote necessary for immediate effect, this
134	134	Act takes effect September 1, 2015.