| 1 | 1 | | 89R3172 CXP-F |
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| 2 | 2 | | By: West S.B. No. 594 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to assistance with veterans benefits claims. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 434, Government Code, is amended by |
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| 12 | 12 | | adding Subchapter J to read as follows: |
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| 13 | 13 | | SUBCHAPTER J. ASSISTANCE WITH VETERANS BENEFITS CLAIMS |
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| 14 | 14 | | Sec. 434.451. DEFINITIONS. In this subchapter: |
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| 15 | 15 | | (1) "Compensation" means the payment of money, a |
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| 16 | 16 | | financial benefit, or another thing of value. |
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| 17 | 17 | | (2) "Veterans benefit matter" means a claim by a |
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| 18 | 18 | | veteran, a veteran's dependent or survivor, or any other person for |
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| 19 | 19 | | a benefit, program, service, commodity, function, or status, the |
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| 20 | 20 | | entitlement to which is determined under laws and regulations |
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| 21 | 21 | | administered by the United States Department of Veterans Affairs or |
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| 22 | 22 | | the United States Department of Defense. |
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| 23 | 23 | | Sec. 434.452. PROHIBITED ACTIONS. (a) A person may not: |
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| 24 | 24 | | (1) except as permitted by federal law, receive |
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| 25 | 25 | | compensation for: |
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| 26 | 26 | | (A) preparing, presenting, or prosecuting a |
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| 27 | 27 | | veterans benefit matter; or |
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| 28 | 28 | | (B) advising a person on, consulting with a |
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| 29 | 29 | | person about, or assisting a person with a veterans benefit matter; |
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| 30 | 30 | | (2) receive compensation for referring a person to |
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| 31 | 31 | | another person to provide a service described by Subdivision (1); |
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| 32 | 32 | | (3) guarantee, either directly or by implication, that |
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| 33 | 33 | | a person is certain to receive specific veterans benefits or a |
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| 34 | 34 | | specific level, percentage, or amount of veterans benefits; or |
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| 35 | 35 | | (4) receive excessive or unreasonable fees as |
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| 36 | 36 | | compensation for providing a service described by Subdivision (1). |
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| 37 | 37 | | (b) The factors and presumptions specified by 38 C.F.R. |
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| 38 | 38 | | Section 14.636 govern a determination of whether a fee is permitted |
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| 39 | 39 | | or is excessive or unreasonable for the purposes of this section. |
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| 40 | 40 | | Sec. 434.453. FEE AGREEMENT. A person seeking to receive |
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| 41 | 41 | | compensation for a service described by Section 434.452(a)(1) must, |
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| 42 | 42 | | before providing the service, memorialize in a written agreement |
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| 43 | 43 | | signed by both parties all terms regarding the payment of fees for |
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| 44 | 44 | | services provided. The fee agreement must comply with all |
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| 45 | 45 | | requirements specified by 38 C.F.R. Section 14.636. |
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| 46 | 46 | | Sec. 434.454. DECEPTIVE TRADE PRACTICE. A violation of |
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| 47 | 47 | | this subchapter is a deceptive trade practice actionable under |
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| 48 | 48 | | Subchapter E, Chapter 17, Business & Commerce Code. |
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| 49 | 49 | | SECTION 2. This Act takes effect September 1, 2025. |
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