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89(R) HB 2537 - Introduced version - Bill Text
89R8188 CXP-D
By: Leach
H.B. No. 2537
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.