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A BILL TO BE ENTITLED
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AN ACT
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relating to assistance with veterans benefits claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 434, Government Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. ASSISTANCE WITH VETERANS BENEFITS CLAIMS |
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Sec. 434.451. DEFINITIONS. In this subchapter: |
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(1) "Compensation" means the payment of money, a |
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financial benefit, or another thing of value. |
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(2) "Veterans benefit matter" means a claim by a |
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veteran, a veteran's dependent or survivor, or any other person for |
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a benefit, program, service, commodity, function, or status, the |
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entitlement to which is determined under laws and regulations |
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administered by the United States Department of Veterans Affairs or |
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the United States Department of Defense. |
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Sec. 434.452. PROHIBITED ACTIONS. (a) A person may not: |
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(1) except as permitted by federal law, receive |
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compensation for: |
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(A) preparing, presenting, or prosecuting a |
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veterans benefit matter; or |
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(B) advising a person on, consulting with a |
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person about, or assisting a person with a veterans benefit matter; |
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(2) receive compensation for referring a person to |
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another person to provide a service described by Subdivision (1); |
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(3) guarantee, either directly or by implication, that |
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a person is certain to receive specific veterans benefits or a |
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specific level, percentage, or amount of veterans benefits; or |
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(4) receive excessive or unreasonable fees as |
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compensation for providing a service described by Subdivision (1). |
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(b) The factors and presumptions specified by 38 C.F.R. |
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Section 14.636 govern a determination of whether a fee is permitted |
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or is excessive or unreasonable for the purposes of this section. |
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Sec. 434.453. FEE AGREEMENT. A person seeking to receive |
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compensation for a service described by Section 434.452(a)(1) must, |
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before providing the service, memorialize in a written agreement |
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signed by both parties all terms regarding the payment of fees for |
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services provided. The fee agreement must comply with all |
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requirements specified by 38 C.F.R. Section 14.636. |
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Sec. 434.454. DECEPTIVE TRADE PRACTICE. A violation of |
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this subchapter is a deceptive trade practice actionable under |
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Subchapter E, Chapter 17, Business & Commerce Code. |
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SECTION 2. This Act takes effect September 1, 2025. |