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ENGR. H. B. NO. 3974 Page 1
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ENGROSSED HOUSE
BILL NO. 3974 By: Caldwell (Trey), Cantrell,
Kane, and Strom of the
House
and
Paxton of the Senate
An Act relating to the Governmental Tort Claims Act;
amending 51 O.S. 2021, Section 153.1, which relates
to actions associated with the housing of inmates;
limiting actions to specific incarcerating entity;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, Section 153.1, is
amended to read as follows:
Section 153.1. A. Nothing in the Governmental Tort Claims Act
shall be construed as allowing an action or recovery against this
state, against any city, town or county that is the sole beneficiary
of a public trust, or against any employee of this state or any
city, town or county of this state due to the housing of federal
inmates or inmates from another state in facilities owned or
operated by private prison contractors. If a public trust that has
as its sole beneficiary a city, town or county has a facility that
houses federal inmates or inmates from another state, the immunity
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provided for in the Governmental Tort Claims Act shall not apply to
that trust.
B. In an instance of a shared inmate housing facility by any
combination of the state, cities, counties, or tribes any otherwise
allowable action or recovery by or on behalf of an inmate, shall be
limited to the specific state, city, county or tribes responsible
for placing the inmate in such shared inmate housing facility.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 25th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate