Texas 2025 - 89th Regular

Texas House Bill HB4693 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Lopez of Cameron H.B. No. 4693
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to assistance with veterans benefits claims; authorizing a
7	9		civil penalty.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 434.017(a), Government Code, is amended
10	12		to read as follows:
11	13		(a) The fund for veterans' assistance is a special fund in
12	14		the state treasury outside the general revenue fund. The fund is
13	15		composed of:
14	16		(1) money transferred to the fund at the direction of
15	17		the legislature;
16	18		(2) gifts and grants contributed to the fund;
17	19		(3) the earnings of the fund;
18	20		(4) money transferred to the fund from proceeds of the
19	21		lottery game operated under Section 466.027 or transferred to the
20	22		fund under Section 466.408(b);
21	23		(5) money deposited to the credit of the fund under
22	24		Section 502.1746, Transportation Code;
23	25		(6) money deposited to the credit of the fund under
24	26		Sections 521.008 and 522.0295, Transportation Code;
25	27		(7) money deposited to the credit of the fund under
26	28		Section 12.007, Parks and Wildlife Code; [and]
27	29		(8) money deposited to the credit of the fund under
28	30		Section 411.1741; and
29	31		(9) money deposited to the credit of the fund under
30	32		Section 434.456.
31	33		SECTION 2. Chapter 434, Government Code, is amended by
32	34		adding Subchapter J to read as follows:
33	35		SUBCHAPTER J. ASSISTANCE WITH VETERANS BENEFITS CLAIMS
34	36		Sec. 434.451. DEFINITIONS. In this subchapter:
35	37		(1) "Compensation" means the payment of money, a
36	38		financial benefit, or another thing of value.
37	39		(2) "Veterans benefit matter" means a claim by a
38	40		veteran, a veteran's dependent or survivor, or any other person for
39	41		a benefit, program, service, commodity, function, or status, the
40	42		entitlement to which is determined under laws and regulations
41	43		administered by the United States Department of Veterans Affairs or
42	44		the Texas Veterans Commission.
43	45		Sec. 434.452. CONSTRUCTION OF SUBCHAPTER. This subchapter
44	46		may not be construed to apply to or limit or expand the requirements
45	47		imposed on an agent, attorney, or other representative accredited
46	48		by the United States Department of Veterans Affairs and regulated
47	49		by that agency.
48	50		Sec. 434.453. ASSISTANCE WITH VETERANS BENEFIT MATTER. A
49	51		person:
50	52		(1) may, as permitted by federal law and subject to
51	53		this subchapter, receive compensation for:
52	54		(A) preparing, presenting, or prosecuting a
53	55		veterans benefit matter; or
54	56		(B) advising a person on, consulting with a
55	57		person about, or assisting a person with a veterans benefit matter;
56	58		(2) may not receive compensation for referring a
57	59		person to another person to provide a service described by
58	60		Subdivision (1)(A) or (B); and
59	61		(3) may not guarantee, either directly or by
60	62		implication, a successful outcome or that a person is certain to
61	63		receive specific veterans benefits or a specific level, percentage,
62	64		or amount of veterans benefits.
63	65		Sec. 434.454. REQUIREMENTS AND LIMITATIONS RELATING TO
64	66		COMPENSATION. (a) A person may not receive compensation for a
65	67		service described by Section 434.453(1)(A) or (B) that is related
66	68		to a claim filed during the one-year period immediately following
67	69		the date of the veteran's release from active duty, unless the
68	70		veteran signs a statement acknowledging that the veteran is within
69	71		that period and chooses to waive free services available to the
70	72		veteran.
71	73		(b) A person may not charge an initial or nonrefundable fee
72	74		for providing a service described by Section 434.453(1)(A) or (B).
73	75		(c) Compensation for providing a service described by
74	76		Section 434.453(1)(A) or (B) must be contingent on the amount of
75	77		benefits awarded to a veteran being increased. Compensation may not
76	78		exceed five times the amount of the increase in monthly benefits
77	79		awarded based on the claim.
78	80		(d) A person seeking to receive compensation for providing a
79	81		service described by Section 434.453(1)(A) or (B) shall, before
80	82		providing the service, memorialize in a written agreement signed by
81	83		both parties all terms regarding the payment of fees for services
82	84		provided, including the following disclosure in a size equal to at
83	85		least 12-point type in a conspicuous place:
84	86		"This business is not sponsored by, or affiliated with, the
85	87		United States Department of Veterans Affairs or the Texas Veterans
86	88		Commission, or any other federally chartered veterans service
87	89		organization. Other organizations including but not limited to the
88	90		Texas Veterans Commission, a local veterans service organization,
89	91		and other federally chartered veterans service organizations may be
90	92		able to provide you with this service free of charge. Products or
91	93		services offered by this business are not necessarily endorsed by
92	94		any of these organizations. You may qualify for other veterans
93	95		benefits in addition to the benefits for which you are receiving
94	96		services here."
95	97		(e) A person who provides a service described by Section
96	98		434.453(1)(A) or (B) shall retain a copy of the written agreement
97	99		described by Subsection (d) while providing the service and until
98	100		the first anniversary of the date on which the service relationship
99	101		is terminated.
100	102		(f) A person seeking to receive compensation for a service
101	103		described by Section 434.453(1)(A) or (B):
102	104		(1) may not use an international call center or data
103	105		center to process a veteran's personal information;
104	106		(2) may not use a veteran's log-in, username, or
105	107		password information to access the veteran's medical, financial, or
106	108		government benefits information; and
107	109		(3) shall ensure that:
108	110		(A) the identity of an individual with access to
109	111		a veteran's information under Subdivision (1) or (2) is verified
110	112		before accessing the information; and
111	113		(B) before accessing the information, a criminal
112	114		history background check is completed for an individual with access
113	115		to a veteran's information under Subdivision (1) or (2) from:
114	116		(i) any law enforcement or criminal justice
115	117		agency; or
116	118		(ii) a private entity that is a consumer
117	119		reporting agency governed by the Fair Credit Reporting Act (15
118	120		U.S.C. Section 1681 et seq.).
119	121		Sec. 434.455. DECEPTIVE TRADE PRACTICE. A violation of
120	122		this subchapter is a deceptive trade practice actionable under
121	123		Subchapter E, Chapter 17, Business & Commerce Code.
122	124		Sec. 434.456. CIVIL PENALTY. (a) A person who violates
123	125		this subchapter is liable to the state for a civil penalty not to
124	126		exceed $500 for each violation. Each day a violation continues or
125	127		occurs is a separate violation.
126	128		(b) The attorney general shall file suit to collect the
127	129		civil penalty.
128	130		(c) A civil penalty collected under this section shall be
129	131		deposited to the credit of the fund for veterans' assistance
130	132		established by Section 434.017.
131	133		SECTION 3. This Act takes effect September 1, 2025.