| 1 | 1 | | 84R10861 JXC-D |
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| 2 | 2 | | By: Naishtat H.B. No. 3663 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the temporary continuation of utility service for real |
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| 8 | 8 | | property of a decedent. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 152, Estates Code, is amended by adding |
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| 11 | 11 | | Subchapter D to read as follows: |
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| 12 | 12 | | SUBCHAPTER D. TEMPORARY CONTINUATION OF UTILITY SERVICE |
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| 13 | 13 | | Sec. 152.151. TEMPORARY CONTINUATION OF UTILITY SERVICE. |
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| 14 | 14 | | (a) A decedent's next of kin may submit to an entity that provides |
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| 15 | 15 | | or provided utility service to real property of the decedent a |
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| 16 | 16 | | request that the entity continue the service until the earlier of: |
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| 17 | 17 | | (1) the 90th day after the date the entity receives the |
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| 18 | 18 | | request; |
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| 19 | 19 | | (2) the 14th day after the date a personal |
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| 20 | 20 | | representative of the decedent's estate qualifies; or |
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| 21 | 21 | | (3) the date the next of kin requests that the service |
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| 22 | 22 | | be discontinued. |
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| 23 | 23 | | (b) An entity that receives a request described by |
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| 24 | 24 | | Subsection (a): |
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| 25 | 25 | | (1) is not required to comply with the request unless |
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| 26 | 26 | | the decedent's next of kin submits with the request an electronic or |
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| 27 | 27 | | paper copy of the decedent's death certificate; and |
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| 28 | 28 | | (2) shall suspend imposition and collection of |
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| 29 | 29 | | penalties or fees associated with nonpayment during the period the |
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| 30 | 30 | | entity provides the requested service. |
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| 31 | 31 | | (c) Next of kin who request service under this section are |
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| 32 | 32 | | not personally liable for costs associated with continuing the |
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| 33 | 33 | | service as described by this section. Costs associated with |
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| 34 | 34 | | service requested under this section are a liability of the |
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| 35 | 35 | | decedent's estate. |
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| 36 | 36 | | (d) As soon as possible after the date a personal |
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| 37 | 37 | | representative of the decedent's estate qualifies, the next of kin |
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| 38 | 38 | | who requested service under this section shall notify the entity of |
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| 39 | 39 | | that fact. |
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| 40 | 40 | | SECTION 2. The changes in law made by this Act apply only to |
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| 41 | 41 | | utility service of a decedent who dies on or after the effective |
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| 42 | 42 | | date of this Act. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2015. |
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