HB2537 - Relating to the provision of claims assistance services to veterans.

  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.