By: Lopez of Cameron H.B. No. 4693       A BILL TO BE ENTITLED   AN ACT   relating to assistance with veterans benefits claims; authorizing a   civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 434.017(a), Government Code, is amended   to read as follows:          (a)  The fund for veterans' assistance is a special fund in   the state treasury outside the general revenue fund. The fund is   composed of:                (1)  money transferred to the fund at the direction of   the legislature;                (2)  gifts and grants contributed to the fund;                (3)  the earnings of the fund;                (4)  money transferred to the fund from proceeds of the   lottery game operated under Section 466.027 or transferred to the   fund under Section 466.408(b);                (5)  money deposited to the credit of the fund under   Section 502.1746, Transportation Code;                (6)  money deposited to the credit of the fund under   Sections 521.008 and 522.0295, Transportation Code;                (7)  money deposited to the credit of the fund under   Section 12.007, Parks and Wildlife Code; [and]                (8)  money deposited to the credit of the fund under   Section 411.1741; and                (9)  money deposited to the credit of the fund under   Section 434.456.          SECTION 2.  Chapter 434, Government Code, is amended by   adding Subchapter J to read as follows:   SUBCHAPTER J. ASSISTANCE WITH VETERANS BENEFITS CLAIMS          Sec. 434.451.  DEFINITIONS. In this subchapter:                (1)  "Compensation" means the payment of money, a   financial benefit, or another thing of value.                (2)  "Veterans benefit matter" means a claim by a   veteran, a veteran's dependent or survivor, or any other person for   a benefit, program, service, commodity, function, or status, the   entitlement to which is determined under laws and regulations   administered by the United States Department of Veterans Affairs or   the Texas Veterans Commission.          Sec. 434.452.  CONSTRUCTION OF SUBCHAPTER. This subchapter   may not be construed to apply to or limit or expand the requirements   imposed on an agent, attorney, or other representative accredited   by the United States Department of Veterans Affairs and regulated   by that agency.          Sec. 434.453.  ASSISTANCE WITH VETERANS BENEFIT MATTER. A   person:                (1)  may, as permitted by federal law and subject to   this subchapter, receive compensation for:                      (A)  preparing, presenting, or prosecuting a   veterans benefit matter; or                      (B)  advising a person on, consulting with a   person about, or assisting a person with a veterans benefit matter;                (2)  may not receive compensation for referring a   person to another person to provide a service described by   Subdivision (1)(A) or (B); and                (3)  may not guarantee, either directly or by   implication, a successful outcome or that a person is certain to   receive specific veterans benefits or a specific level, percentage,   or amount of veterans benefits.          Sec. 434.454.  REQUIREMENTS AND LIMITATIONS RELATING TO   COMPENSATION. (a) A person may not receive compensation for a   service described by Section 434.453(1)(A) or (B) that is related   to a claim filed during the one-year period immediately following   the date of the veteran's release from active duty, unless the   veteran signs a statement acknowledging that the veteran is within   that period and chooses to waive free services available to the   veteran.          (b)  A person may not charge an initial or nonrefundable fee   for providing a service described by Section 434.453(1)(A) or (B).          (c)  Compensation for providing a service described by   Section 434.453(1)(A) or (B) must be contingent on the amount of   benefits awarded to a veteran being increased. Compensation may not   exceed five times the amount of the increase in monthly benefits   awarded based on the claim.          (d)  A person seeking to receive compensation for providing a   service described by Section 434.453(1)(A) or (B) shall, before   providing the service, memorialize in a written agreement signed by   both parties all terms regarding the payment of fees for services   provided, including the following disclosure in a size equal to at   least 12-point type in a conspicuous place:          "This business is not sponsored by, or affiliated with, the   United States Department of Veterans Affairs or the Texas Veterans   Commission, or any other federally chartered veterans service   organization. Other organizations including but not limited to the   Texas Veterans Commission, a local veterans service organization,   and other federally chartered veterans service organizations may be   able to provide you with this service free of charge. Products or   services offered by this business are not necessarily endorsed by   any of these organizations. You may qualify for other veterans   benefits in addition to the benefits for which you are receiving   services here."          (e)  A person who provides a service described by Section   434.453(1)(A) or (B) shall retain a copy of the written agreement   described by Subsection (d) while providing the service and until   the first anniversary of the date on which the service relationship   is terminated.          (f)  A person seeking to receive compensation for a service   described by Section 434.453(1)(A) or (B):                (1)  may not use an international call center or data   center to process a veteran's personal information;                (2)  may not use a veteran's log-in, username, or   password information to access the veteran's medical, financial, or   government benefits information; and                (3)  shall ensure that:                      (A)  the identity of an individual with access to   a veteran's information under Subdivision (1) or (2) is verified   before accessing the information; and                      (B)  before accessing the information, a criminal   history background check is completed for an individual with access   to a veteran's information under Subdivision (1) or (2) from:                            (i)  any law enforcement or criminal justice   agency; or                            (ii)  a private entity that is a consumer   reporting agency governed by the Fair Credit Reporting Act (15   U.S.C. Section 1681 et seq.).          Sec. 434.455.  DECEPTIVE TRADE PRACTICE. A violation of   this subchapter is a deceptive trade practice actionable under   Subchapter E, Chapter 17, Business & Commerce Code.          Sec. 434.456.  CIVIL PENALTY.  (a)  A person who violates   this subchapter is liable to the state for a civil penalty not to   exceed $500 for each violation.  Each day a violation continues or   occurs is a separate violation.          (b)  The attorney general shall file suit to collect the   civil penalty.          (c)  A civil penalty collected under this section shall be   deposited to the credit of the fund for veterans' assistance   established by Section 434.017.          SECTION 3.  This Act takes effect September 1, 2025.