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