Relating to prohibiting certain deceptive trade practices by businesses assisting veterans with Department of Veterans Affairs claims.

89(R) HB 5144 - Introduced version - Bill Text

By: Louderback

H.B. No. 5144

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting certain deceptive trade practices by

businesses assisting veterans with Department of Veterans Affairs

claims.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter E, Chapter 17, Business and Commerce

Code, is amended by adding Sections 17.465 and 17.466 to read as

follows:

Sec.

17.465.

PROHIBITED PRACTICES FOR BUSINESSES ASSISTING

VETERANS. (a) A business operating in this state which advertises

its services to veterans with regard to claims preparation,

presentation, and prosecution with the Department of Veterans

Affairs is prohibited from engaging in false, misleading, or

deceptive acts or practices, including:

(1)

causing confusion or misrepresenting directly or

by implication the actual costs of participation in the business's

programs or membership programs;

(2)

causing confusion directly or by implication about

the types of services offered and provided by the business or the

benefits of such services;

(3)

offering to provide or providing a veteran with

individualized, personal advice while preparing, prosecuting, or

presenting a veteran's specific disability claims unless offering

such advice through individuals accredited by the Department of

Veterans Affairs;

(4)

causing confusion regarding its affiliation with

the Department of Veterans Affairs; or

(5)

accessing or seeking to access the Department of

Veterans Affairs benefit information of a veteran through the

Department of Veterans Affairs' eBenefits portal.

(b)

A business that violates this section is liable to this

state for a civil penalty. A civil penalty assessed under this

subsection may not exceed $25,000 per violation.

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.