| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the provision of claims assistance services to |
|
|
veterans. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 434.0078, Government Code, is amended by |
|
|
adding Subsections (f) and (g) to read as follows: |
|
|
(f) The commission may contract with the following persons |
|
|
to provide claims assistance services under Section 434.007(a)(5), |
|
|
including federal appellate litigation services at the United |
|
|
States Court of Appeals for Veterans Claims: |
|
|
(1) a law firm specializing in veteran benefits law |
|
|
that: |
|
|
(A) has at least 10 years of experience |
|
|
representing veterans in disability cases before the United States |
|
|
Department of Veterans Affairs based on a VA Form 21-22a appointing |
|
|
at least one attorney employed by the firm as the claimant's |
|
|
representative of record; |
|
|
(B) has a principal owner or practice section |
|
|
chairperson licensed to practice before the United States Court of |
|
|
Appeals for Veterans Claims who: |
|
|
(i) has entered appearances in at least 750 |
|
|
cases at the United States Court of Appeals for Veterans Claims; and |
|
|
(ii) is an accredited representative with |
|
|
the United States Department of Veterans Affairs; |
|
|
(C) employs at least one attorney licensed to |
|
|
practice law in this state who resides in this state; and |
|
|
(D) maintains a physical office in this state and |
|
|
has maintained a physical office in this state for at least one year |
|
|
immediately preceding the date on which the firm enters into a |
|
|
contract with the commission to provide services under this |
|
|
subsection; and |
|
|
(2) an organization exempt from federal income tax |
|
|
under Section 501(a), Internal Revenue Code of 1986, as an |
|
|
organization described by Section 501(c)(3) of that code whose |
|
|
primary mission is to provide disability claims assistance to |
|
|
veterans and that: |
|
|
(A) has at least 10 years of experience |
|
|
representing veterans in disability cases before the United States |
|
|
Department of Veterans Affairs based on a VA Form 21-22 appointing |
|
|
the organization as the claimant's representative organization of |
|
|
record; |
|
|
(B) employs at least one attorney licensed to |
|
|
practice before the United States Court of Appeals for Veterans |
|
|
Claims who: |
|
|
(i) has entered appearances in at least 750 |
|
|
cases at the United States Court of Appeals for Veterans Claims; and |
|
|
(ii) is an accredited representative with |
|
|
the United States Department of Veterans Affairs; |
|
|
(C) employs at least one attorney licensed to |
|
|
practice law in this state who resides in this state; and |
|
|
(D) maintains a physical office in this state and |
|
|
has maintained a physical office in this state for at least one year |
|
|
immediately preceding the date on which the organization enters |
|
|
into a contract with the commission to provide services under this |
|
|
subsection. |
|
|
(g) Services provided under Subsection (f) must be provided |
|
|
as follows: |
|
|
(1) for representation before the United States Court |
|
|
of Appeals for Veterans Claims following an adverse decision at the |
|
|
Board of Veterans' Appeals, representation is free of charge to the |
|
|
claimant and the state if the claimant's net worth is less than $2 |
|
|
million; |
|
|
(2) for appeals or supplemental claims following an |
|
|
initial denial or a remand from the United States Court of Appeals |
|
|
for Veterans Claims, a person described by Subsection (f) may |
|
|
charge a claimant a reasonable fee, as defined by applicable |
|
|
federal statutes and regulations, including the factors and |
|
|
presumptions specified by 38 C.F.R. Section 14.636, that does not |
|
|
exceed 33 percent of the claimant's past due benefits; |
|
|
(3) a fee may not be charged to a claimant for |
|
|
preparing and filing initial claims with the United States |
|
|
Department of Veterans Affairs; and |
|
|
(4) fees or costs may not be charged to the state by a |
|
|
person described by Subsection (f). |
|
|
SECTION 2. This Act takes effect September 1, 2025. |