| 1 | 1 | | By: Parker S.B. No. 2968 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to prohibiting certain deceptive trade practices by |
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| 9 | 9 | | businesses assisting veterans with Department of Veterans Affairs |
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| 10 | 10 | | claims. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter E, Chapter 17, Business and Commerce |
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| 13 | 13 | | Code, is amended by adding Sections 17.465 and 17.466 to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | Sec. 17.465. PROHIBITED PRACTICES FOR BUSINESSES ASSISTING |
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| 16 | 16 | | VETERANS. (a) A business operating in this state which advertises |
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| 17 | 17 | | its services to veterans with regard to claims preparation, |
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| 18 | 18 | | presentation, and prosecution with the Department of Veterans |
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| 19 | 19 | | Affairs is prohibited from engaging in false, misleading, or |
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| 20 | 20 | | deceptive acts or practices, including: |
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| 21 | 21 | | (1) causing confusion or misrepresenting directly or |
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| 22 | 22 | | by implication the actual costs of participation in the business's |
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| 23 | 23 | | programs or membership programs; |
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| 24 | 24 | | (2) causing confusion directly or by implication about |
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| 25 | 25 | | the types of services offered and provided by the business or the |
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| 26 | 26 | | benefits of such services; |
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| 27 | 27 | | (3) offering to provide or providing a veteran with |
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| 28 | 28 | | individualized, personal advice while preparing, prosecuting, or |
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| 29 | 29 | | presenting a veteran's specific disability claims unless offering |
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| 30 | 30 | | such advice through individuals accredited by the Department of |
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| 31 | 31 | | Veterans Affairs; |
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| 32 | 32 | | (4) causing confusion regarding its affiliation with |
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| 33 | 33 | | the Department of Veterans Affairs; or |
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| 34 | 34 | | (5) accessing or seeking to access the Department of |
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| 35 | 35 | | Veterans Affairs benefit information of a veteran through the |
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| 36 | 36 | | Department of Veterans Affairs' eBenefits portal. |
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| 37 | 37 | | (b) A business that violates this section is liable to this |
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| 38 | 38 | | state for a civil penalty. A civil penalty assessed under this |
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| 39 | 39 | | subsection may not exceed $25,000 per violation. |
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| 40 | 40 | | SECTION 2. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2025. |
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