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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 213 By: Howard
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6 AS INTRODUCED
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7 An Act relating to The Governmental Tort Claims Act;
7 amending 51 O.S. 2021, Section 154, which relates to
8 extent of liability; increasing limits on liability
8 for certain claims; updating statutory language;
9 updating statutory reference; and providing an
9 effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 51 O.S. 2021, Section 154, is
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14 amended to read as follows:
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15 Section 154. A. The total liability of the state and its
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16 political subdivisions on claims within the scope of The
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17 Governmental Tort Claims Act, arising out of an accident or
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18 occurrence happening after October 1, 1985, Section 151 et seq. of
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19 this title, shall not exceed:
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20 1. Twenty-five Thousand Dollars ($25,000.00) Seventy-five
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21 Thousand Dollars ($75,000.00) for any claim or to any claimant who
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22 has more than one claim for loss of property arising out of a single
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23 act, accident, or occurrence;
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1 2. a. Eighty-five Thousand Dollars ($85,000.00) to any
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2 claimant for any number of claims for inconvenience,
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3 annoyance, or discomfort in nuisance claims arising
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4 out of a single act, accident, or occurrence in a
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5 county with a population of less than one hundred
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6 fifty thousand (150,000) according to the latest
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7 Federal Decennial Census, or
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8 b. One Hundred Forty Thousand Dollars ($140,000.00) to
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9 any claimant for any number of claims for
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10 inconvenience, annoyance, or discomfort in nuisance
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11 claims arising out of a single act, accident, or
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12 occurrence in a county with a population of one
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13 hundred fifty thousand (150,000) or more according to
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14 the latest Federal Decennial Census;
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15 3. Except as otherwise provided in this paragraph, One Hundred
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16 Twenty-five Thousand Dollars ($125,000.00) Two Hundred Fifty
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17 Thousand Dollars ($250,000.00) to any claimant for a claim for any
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18 other loss arising out of a single act, accident, or occurrence.
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19 The limit of liability for the state or any city or county with a
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20 population of three hundred thousand (300,000) one hundred fifty
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21 thousand (150,000) or more according to the latest Federal Decennial
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22 Census, or a political subdivision as defined in subparagraph s of
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23 paragraph 11 of Section 152 of this title, shall not exceed One
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24 Hundred Seventy-five Thousand Dollars ($175,000.00) Three Hundred
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1 Seventy-five Thousand Dollars ($375,000.00). Except however, the
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2 limits of the liability for the University Hospitals and State
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3 Mental Health Hospitals state mental health hospitals operated by
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4 the Department of Mental Health and Substance Abuse Services for
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5 claims arising from medical negligence shall be Two Hundred Thousand
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6 Dollars ($200,000.00) Three Hundred Thousand Dollars ($300,000.00).
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7 For claims arising from medical negligence by any licensed
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8 physician, osteopathic physician or certified nurse-midwife
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9 rendering prenatal, delivery or infant care services from September
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10 1, 1991, through June 30, 1996, pursuant to a contract authorized by
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11 subsection B C of Section 1-106 of Title 63 of the Oklahoma Statutes
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12 and in conformity with the requirements of Section 1-233 of Title 63
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13 of the Oklahoma Statutes, the limits of the liability shall be Two
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14 Hundred Thousand Dollars ($200,000.00); or
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15 3. 4. One Million Dollars ($1,000,000.00) for any number of
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16 claims for indemnification pursuant to Section 162 of this title
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17 arising out of a single occurrence or accident; or
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18 5. Two Million Dollars ($2,000,000.00) in the aggregate for any
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19 number of claims arising out of a single occurrence or accident.
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20 B. 1. Beginning on May 28, 2003, claims shall be allowed for
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21 wrongful criminal felony conviction resulting in imprisonment if the
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22 claimant has received a full pardon on the basis of a written
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23 finding by the Governor of actual innocence for the crime for which
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24 the claimant was sentenced or has been granted judicial relief
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1 absolving the claimant of guilt on the basis of actual innocence of
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2 the crime for which the claimant was sentenced. The Governor or the
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3 court shall specifically state, in the pardon or order, the evidence
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4 or basis on which the finding of actual innocence is based.
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5 2. As used in paragraph 1 of this subsection, for a claimant to
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6 recover based on "actual innocence", the individual must meet the
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7 following criteria:
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8 a. the individual was charged, by indictment or
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9 information, with the commission of a public offense
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10 classified as a felony,
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11 b. the individual did not plead guilty to the offense
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12 charged, or to any lesser included offense, but was
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13 convicted of the offense,
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14 c. the individual was sentenced to incarceration for a
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15 term of imprisonment as a result of the conviction,
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16 d. the individual was imprisoned solely on the basis of
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17 the conviction for the offense, and
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18 e. (1) in the case of a pardon, a determination was made
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19 by either the Pardon and Parole Board or the
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20 Governor that the offense for which the
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21 individual was convicted, sentenced and
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22 imprisoned, including any lesser offenses, was
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23 not committed by the individual, or
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1 (2) in the case of judicial relief, a court of
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2 competent jurisdiction found by clear and
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3 convincing evidence that the offense for which
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4 the individual was convicted, sentenced and
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5 imprisoned, including any lesser included
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6 offenses, was not committed by the individual and
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7 issued an order vacating, dismissing or reversing
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8 the conviction and sentence and providing that no
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9 further proceedings can be or will be held
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10 against the individual on any facts and
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11 circumstances alleged in the proceedings which
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12 had resulted in the conviction.
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13 3. A claimant shall not be entitled to compensation for any
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14 part of a sentence in prison during which the claimant was also
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15 serving a concurrent sentence for a crime not covered by this
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16 subsection.
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17 4. The total liability of the state and its political
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18 subdivisions on any claim within the scope of The Governmental Tort
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19 Claims Act arising out of wrongful criminal felony conviction
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20 resulting in imprisonment shall not exceed One Hundred Seventy-five
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21 Thousand Dollars ($175,000.00).
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22 5. The provisions of this subsection shall apply to convictions
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23 occurring on or before May 28, 2003, as well as convictions
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24 occurring after May 28, 2003. If a court of competent jurisdiction
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1 finds that retroactive application of this subsection is
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2 unconstitutional, the prospective application of this subsection
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3 shall remain valid.
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4 C. No award for damages in an action or any claim against the
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5 state or a political subdivision shall include punitive or exemplary
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6 damages.
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7 D. When the amount awarded to or settled upon multiple
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8 claimants exceeds the limitations of this section, any party may
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9 apply to the district court which has jurisdiction of the cause to
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10 apportion to each claimant the claimant's proper share of the total
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11 amount as limited herein. The share apportioned to each claimant
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12 shall be in the proportion that the ratio of the award or settlement
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13 made to him each claimant bears to the aggregate awards and
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14 settlements for all claims against the state or its political
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15 subdivisions arising out of the occurrence. When the amount of the
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16 aggregate losses presented by a single claimant exceeds the limits
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17 of paragraph 1, or 2, or 3 of subsection A of this section, each
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18 person suffering a loss shall be entitled to that person's
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19 proportionate share.
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20 E. The total liability of resident physicians and interns while
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21 participating in a graduate medical education program of the
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22 University of Oklahoma College of Medicine, its affiliated
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23 institutions and the Oklahoma State University College of
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24 Osteopathic Medicine and Surgery shall not exceed One Hundred
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1 Thousand Dollars ($100,000.00) One Hundred Fifty Thousand Dollars
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2 ($150,000.00).
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3 F. The total liability of a public trust hospital and physician
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4 for the acts of a physician who provides medical services on the
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5 premises of a public trust hospital as defined pursuant to Section
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6 152 of this title, that is located in a county with a population of
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7 less than seventy-five thousand (75,000) according to the latest
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8 Federal Decennial Census, but who is not employed by such hospital,
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9 shall not exceed One Million Dollars ($1,000,000.00). If the
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10 physician is employed by another group or entity not under the sole
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11 or majority control of the physician, the total limit of liability
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12 of the physician and hospital shall be the higher coverage afforded
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13 by the liability policy or self-insurance or assets of that group or
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14 entity.
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15 G. The state or a political subdivision may petition the court
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16 that all parties and actions arising out of a single accident or
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17 occurrence shall be joined as provided by law, and upon order of the
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18 court the proceedings upon good cause shown shall be continued for a
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19 reasonable time or until such joinder has been completed. The state
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20 or political subdivision shall be allowed to interplead in any
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21 action which may impose on it any duty or liability pursuant to The
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22 Governmental Tort Claims Act.
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23 G. H. The liability of the state or political subdivision under
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24 The Governmental Tort Claims Act shall be several from that of any
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1 other person or entity, and the state or political subdivision shall
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2 only be liable for that percentage of total damages that corresponds
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3 to its percentage of total negligence. Nothing in this section
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4 shall be construed as increasing the liability limits imposed on the
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5 state or political subdivision under The Governmental Tort Claims
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6 Act.
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7 SECTION 2. This act shall become effective November 1, 2025.
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9 60-1-93 TEK 12/30/2024 4:42:56 PM
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Req. No. 93 Page 8Every fact on this page links to its source, starting with the official bill record.