| 1 | 1 | | 84R22982 JXC-D |
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| 2 | 2 | | By: Parker H.B. No. 3428 |
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| 3 | 3 | | Substitute the following for H.B. No. 3428: |
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| 4 | 4 | | By: Geren C.S.H.B. No. 3428 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the temporary continuation of utility service for real |
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| 10 | 10 | | property of a decedent. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 152, Estates Code, is amended by adding |
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| 13 | 13 | | Subchapter D to read as follows: |
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| 14 | 14 | | SUBCHAPTER D. TEMPORARY CONTINUATION OF UTILITY SERVICE |
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| 15 | 15 | | Sec. 152.151. TEMPORARY CONTINUATION OF UTILITY SERVICE. |
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| 16 | 16 | | (a) For the purposes of this section, "utility service" means a |
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| 17 | 17 | | service provided by a public or private entity relating to |
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| 18 | 18 | | electric, gas, water, wastewater, or solid waste services. |
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| 19 | 19 | | (b) A decedent's next of kin may submit to an entity that |
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| 20 | 20 | | provides or provided utility service to real property of the |
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| 21 | 21 | | decedent a request that the entity continue the service until the |
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| 22 | 22 | | earlier of: |
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| 23 | 23 | | (1) the 90th day after the date the entity receives the |
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| 24 | 24 | | request; |
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| 25 | 25 | | (2) the 14th day after the date a personal |
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| 26 | 26 | | representative of the decedent's estate qualifies; or |
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| 27 | 27 | | (3) the date the next of kin requests that the service |
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| 28 | 28 | | be discontinued. |
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| 29 | 29 | | (c) An entity that receives a request described by |
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| 30 | 30 | | Subsection (b) is not required to comply with the request unless the |
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| 31 | 31 | | decedent's next of kin submits with the request an electronic or |
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| 32 | 32 | | paper copy of the decedent's death certificate. |
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| 33 | 33 | | (d) Next of kin who request utility service under this |
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| 34 | 34 | | section are not personally liable for costs associated with |
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| 35 | 35 | | continuing the service as described by this section. The |
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| 36 | 36 | | decedent's estate is responsible for paying all costs associated |
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| 37 | 37 | | with service requested under this section. |
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| 38 | 38 | | (e) As soon as possible after the date a personal |
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| 39 | 39 | | representative of the decedent's estate qualifies, the next of kin |
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| 40 | 40 | | who requested utility service under this section shall notify the |
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| 41 | 41 | | entity of that fact. |
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| 42 | 42 | | SECTION 2. The changes in law made by this Act apply only to |
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| 43 | 43 | | utility service of a decedent who dies on or after the effective |
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| 44 | 44 | | date of this Act. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2015. |
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