Texas 2025 - 89th Regular

Texas Senate Bill SB1591 Compare Versions

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

Old	New	Differences
1	1	89R8188 CXP-D
2	2	By: Hancock S.B. No. 1591
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the provision of claims assistance services to
10	10	veterans.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 434.0078, Government Code, is amended by
13	13	adding Subsections (f) and (g) to read as follows:
14	14	(f) The commission may contract with the following persons
15	15	to provide claims assistance services under Section 434.007(a)(5),
16	16	including federal appellate litigation services at the United
17	17	States Court of Appeals for Veterans Claims:
18	18	(1) a law firm specializing in veteran benefits law
19	19	that:
20	20	(A) has at least 10 years of experience
21	21	representing veterans in disability cases before the United States
22	22	Department of Veterans Affairs based on a VA Form 21-22a appointing
23	23	at least one attorney employed by the firm as the claimant's
24	24	representative of record;
25	25	(B) has a principal owner or practice section
26	26	chairperson licensed to practice before the United States Court of
27	27	Appeals for Veterans Claims who:
28	28	(i) has entered appearances in at least 750
29	29	cases at the United States Court of Appeals for Veterans Claims; and
30	30	(ii) is an accredited representative with
31	31	the United States Department of Veterans Affairs;
32	32	(C) employs at least one attorney licensed to
33	33	practice law in this state who resides in this state; and
34	34	(D) maintains a physical office in this state and
35	35	has maintained a physical office in this state for at least one year
36	36	immediately preceding the date on which the firm enters into a
37	37	contract with the commission to provide services under this
38	38	subsection; and
39	39	(2) an organization exempt from federal income tax
40	40	under Section 501(a), Internal Revenue Code of 1986, as an
41	41	organization described by Section 501(c)(3) of that code whose
42	42	primary mission is to provide disability claims assistance to
43	43	veterans and that:
44	44	(A) has at least 10 years of experience
45	45	representing veterans in disability cases before the United States
46	46	Department of Veterans Affairs based on a VA Form 21-22 appointing
47	47	the organization as the claimant's representative organization of
48	48	record;
49	49	(B) employs at least one attorney licensed to
50	50	practice before the United States Court of Appeals for Veterans
51	51	Claims who:
52	52	(i) has entered appearances in at least 750
53	53	cases at the United States Court of Appeals for Veterans Claims; and
54	54	(ii) is an accredited representative with
55	55	the United States Department of Veterans Affairs;
56	56	(C) employs at least one attorney licensed to
57	57	practice law in this state who resides in this state; and
58	58	(D) maintains a physical office in this state and
59	59	has maintained a physical office in this state for at least one year
60	60	immediately preceding the date on which the organization enters
61	61	into a contract with the commission to provide services under this
62	62	subsection.
63	63	(g) Services provided under Subsection (f) must be provided
64	64	as follows:
65	65	(1) for representation before the United States Court
66	66	of Appeals for Veterans Claims following an adverse decision at the
67	67	Board of Veterans' Appeals, representation is free of charge to the
68	68	claimant and the state if the claimant's net worth is less than $2
69	69	million;
70	70	(2) for appeals or supplemental claims following an
71	71	initial denial or a remand from the United States Court of Appeals
72	72	for Veterans Claims, a person described by Subsection (f) may
73	73	charge a claimant a reasonable fee, as defined by applicable
74	74	federal statutes and regulations, including the factors and
75	75	presumptions specified by 38 C.F.R. Section 14.636, that does not
76	76	exceed 33 percent of the claimant's past due benefits;
77	77	(3) a fee may not be charged to a claimant for
78	78	preparing and filing initial claims with the United States
79	79	Department of Veterans Affairs; and
80	80	(4) fees or costs may not be charged to the state by a
81	81	person described by Subsection (f).
82	82	SECTION 2. This Act takes effect September 1, 2025.