Relating to prohibiting certain deceptive trade practices by businesses assisting veterans with Department of Veterans Affairs claims.
Summary
HB 5144 would add new provisions to the Texas Business and Commerce Code aimed at businesses that advertise services to veterans for Department of Veterans Affairs claims preparation, presentation, or prosecution. The bill prohibits a range of deceptive or misleading practices, including misrepresenting costs, confusing veterans about the services offered or the business’s relationship to the VA, providing individualized advice on specific disability claims unless the advice comes from VA-accredited individuals, and accessing or attempting to access a veteran’s VA benefit information through the eBenefits portal.
The bill also creates a civil penalty for violations, with fines of up to $25,000 per violation, enforceable by the state. In practical terms, it would regulate veteran claims assistance businesses more tightly and create a legal deterrent against misleading marketing, unauthorized advice, and improper access to veterans’ benefit information.
Impact
HB 5144 would amend Chapter 17 of the Texas Business and Commerce Code by adding new consumer-protection style restrictions specifically for businesses serving veterans in VA claims matters. It would expand state deceptive trade practices law to cover veteran claims assistance services and authorize civil penalties against violators, thereby affecting businesses operating in Texas that market to veterans and any individuals or entities providing claims-related assistance without proper VA accreditation.
Sentiment
The available record shows no committee testimony or recorded votes, so there is no direct evidence of debate or opposition in the materials provided. Based on the bill’s subject matter and structure, the measure appears to be framed as a consumer-protection and veteran-protection bill, with an overall protective and regulatory intent rather than a controversial policy change.
Contention
The main points of potential contention are likely to be the scope of the restrictions on private businesses assisting veterans and the requirement that individualized advice on disability claims be provided only by VA-accredited individuals. Businesses that market claims assistance services could view the bill as limiting their operations or exposing them to significant penalties, while supporters would likely argue that the bill is needed to prevent predatory or misleading practices and to protect veterans from confusion, unauthorized advice, and privacy-related misuse of VA information.
Provides protection and prevents the unethical, improper conduct and the collection of fees, by anyone advising or assisting a veteran filing a claim for disability benefits with the Department of Veterans Affairs, except as authorized by federal law.
Provides protection from and prevent the unethical, improper conduct and the collection of fees by, anyone advising or assisting a veteran filing a claim for disability benefits with the Department of Veterans Affairs except as authorized by federal law.
An Act Concerning Warnings And Other Measures On The Department Of Veterans Affairs Internet Web Site For The Protection Of Veterans Against Certain Providers Of Assistance With Veterans' Benefits Claims.