84R22982 JXC-D
By: Parker H.B. No. 3428
Substitute the following for H.B. No. 3428:
By: Geren C.S.H.B. No. 3428
A BILL TO BE ENTITLED
AN ACT
relating to the temporary continuation of utility service for real
property of a decedent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 152, Estates Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. TEMPORARY CONTINUATION OF UTILITY SERVICE
Sec. 152.151. TEMPORARY CONTINUATION OF UTILITY SERVICE.
(a) For the purposes of this section, "utility service" means a
service provided by a public or private entity relating to
electric, gas, water, wastewater, or solid waste services.
(b) A decedent's next of kin may submit to an entity that
provides or provided utility service to real property of the
decedent a request that the entity continue the service until the
earlier of:
(1) the 90th day after the date the entity receives the
request;
(2) the 14th day after the date a personal
representative of the decedent's estate qualifies; or
(3) the date the next of kin requests that the service
be discontinued.
(c) An entity that receives a request described by
Subsection (b) is not required to comply with the request unless the
decedent's next of kin submits with the request an electronic or
paper copy of the decedent's death certificate.
(d) Next of kin who request utility service under this
section are not personally liable for costs associated with
continuing the service as described by this section. The
decedent's estate is responsible for paying all costs associated
with service requested under this section.
(e) As soon as possible after the date a personal
representative of the decedent's estate qualifies, the next of kin
who requested utility service under this section shall notify the
entity of that fact.
SECTION 2. The changes in law made by this Act apply only to
utility service of a decedent who dies on or after the effective
date of this Act.
SECTION 3. This Act takes effect September 1, 2015.