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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain deceptive trade practices by |
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businesses assisting veterans with Department of Veterans Affairs |
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claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 17, Business and Commerce |
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Code, is amended by adding Sections 17.465 and 17.466 to read as |
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follows: |
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Sec. 17.465. PROHIBITED PRACTICES FOR BUSINESSES ASSISTING |
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VETERANS. (a) A business operating in this state which advertises |
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its services to veterans with regard to claims preparation, |
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presentation, and prosecution with the Department of Veterans |
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Affairs is prohibited from engaging in false, misleading, or |
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deceptive acts or practices, including: |
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(1) causing confusion or misrepresenting directly or |
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by implication the actual costs of participation in the business's |
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programs or membership programs; |
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(2) causing confusion directly or by implication about |
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the types of services offered and provided by the business or the |
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benefits of such services; |
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(3) offering to provide or providing a veteran with |
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individualized, personal advice while preparing, prosecuting, or |
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presenting a veteran's specific disability claims unless offering |
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such advice through individuals accredited by the Department of |
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Veterans Affairs; |
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(4) causing confusion regarding its affiliation with |
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the Department of Veterans Affairs; or |
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(5) accessing or seeking to access the Department of |
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Veterans Affairs benefit information of a veteran through the |
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Department of Veterans Affairs' eBenefits portal. |
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(b) A business that violates this section is liable to this |
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state for a civil penalty. A civil penalty assessed under this |
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subsection may not exceed $25,000 per violation. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |