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A BILL TO BE ENTITLED
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AN ACT
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relating to priority of payment for certain electrical service |
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claims against the estates of certain decedents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 355.102(b), Estates Code, is amended to |
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read as follows: |
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(b) Class 1 claims are composed of funeral expenses, [and] |
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expenses of the decedent's last illness, including claims for the |
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cost of electrical service provided to the decedent if the decedent |
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had been designated as a critical care residential customer, and |
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claims for reimbursement of funeral [those] expenses and expenses |
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of the decedent's last illness, for a reasonable amount approved by |
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the court, not to exceed $15,000 for funeral expenses and $15,000 |
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for expenses of the decedent's last illness. Any excess shall be |
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classified and paid as other unsecured claims. |
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SECTION 2. Section 355.103, Estates Code, is amended to |
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read as follows: |
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Sec. 355.103. PRIORITY OF CERTAIN PAYMENTS. When a |
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personal representative has estate funds in the representative's |
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possession, the representative shall pay in the following order: |
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(1) funeral expenses in an amount not to exceed |
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$15,000 and expenses of the decedent's last illness, including |
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claims for the cost of electrical service provided to the decedent |
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if the decedent had been designated as a critical care residential |
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customer, in an amount not to exceed $15,000; |
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(2) allowances made to the decedent's surviving spouse |
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and children, or to either the surviving spouse or children; |
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(3) expenses of administration and expenses incurred |
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in preserving, safekeeping, and managing the estate; and |
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(4) other claims against the estate in the order of the |
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claims' classifications. |
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SECTION 3. Sections 355.102(b) and 355.103, Estates Code, |
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as amended by this Act, apply only to the estate of a decedent who |
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dies on or after the effective date of this Act. The estate of a |
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decedent who dies before the effective date of this Act is governed |
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by the law in effect on the date of the decedent's death, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |