Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
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PUBLIC CHAPTER NO. 938
HOUSE BILL NO. 1271
By Representatives Cochran, Moody, Maberry, Greg Martin, Capley, Lynn, Hawk, Powers,
Bulso, Reneau
Substituted for: Senate Bill No. 936
By Senators Rose, Bailey, Bowling, Haile, Hensley, Lowe, Stevens, White
AN ACT to amend Tennessee Code Annotated, Title 1; Title 3; Title 4; Title 5; Title 6;
Title 7 and Title 8, relative to biological sex.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 4, Chapter 1, Part 4, is amended by
adding the following new section:
(a)
(1)
(A) No later than January 1, 2027, each local governmental entity
shall revise any existing ordinance, resolution, rule, policy, and procedure
that includes a reference to a natural person's sex or gender to state that
those terms are defined as the immutable characteristics of the person's
reproductive system that identify the person as male or female, as
determined by anatomy and genetics existing at the time of birth.
(B) On or after July 1, 2026, a local governmental entity shall not
adopt or enact any ordinance, resolution, rule, policy, or procedure that
reflects a sex or gender that is not based upon or defined as the
immutable characteristics of a natural person's reproductive system that
identify the person as male or female, as determined by anatomy and
genetics existing at the time of birth.
(2) On or after January 1, 2027, a person residing in the jurisdiction of a
local governmental entity who believes the local governmental entity has not
complied with subdivision (a)(1) may file a complaint in chancery court in that
person's county of residence. The person filing the complaint shall have the
burden of proving by a preponderance of the evidence that the local
governmental entity has not complied with subdivision (a)(1 ).
(3) If the court finds the local governmental entity is in violation of and has
not complied with subdivision (a)(t), the court shall issue a writ of mandamus
ordering the entity to comply with subdivision (a)(1 ), and may take any other
action within the scope of the jurisdiction of the court to ensure such compliance.
(4) Upon a finding by the court that a local governmental entity has not
complied with the court's order within ninety (90) days of the issuance of the
order under subdivision (b)(3), the local governmental entity becomes ineligible
to enter into any grant contract with the department of economic and community
development until such time as the local governmental entity comes into
compliance with subdivision (a)(1) as evidenced by a certification of compliance
issued by the court.
(5) As used in this subsection (a), "local governmental entity" means a
county, incorporated city or town, metropolitan government, school district, utility
district, or other political subdivision of this state.
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(6) A local governmental entity is not noncompliant with subdivision (a)(1)
based solely on the local governmental entity's acceptance of a valid birth
certificate or other lawfully issued form of identification.
(b)
(1)
(A) No later than January 1, 2027, each state governmental entity
shall revise any existing rule, policy, and procedure that includes a
reference to a natural person's sex or gender to state that those terms are
defined as the immutable characteristics of the person's reproductive
system that identify the person as male or female, as determined by
anatomy and genetics existing at the time of birth.
(8) On or after July 1, 2026, a state governmental entity shall not
adopt or enact any rule, policy, or procedure that reflects a sex or gender
that is not based upon or defined as the immutable characteristics of a
natural person's reproductive system that identify the person as male or
female, as determined by anatomy and genetics existing at the time of
birth.
(2) On or after January 1, 2027, a person may file a complaint with the
comptroller of the treasury that a state governmental entity is in violation of and
has not complied with subdivision (b)(1 ). Upon receipt of a credible complaint,
the comptroller may investigate whether the state governmental entity is in
compliance with subdivision (b)(1).
(3) Upon a finding by the comptroller of the treasury that a state
governmental entity is not in compliance with subdivision (b)(1 ), the comptroller
shall provide written notice of such findings to the executive head or governing
body of the entity, as applicable. If the comptroller finds that the state
governmental entity has not come into compliance with subdivision (b)(1) within
ninety (90) days of receipt of such notice of noncompliance, the comptroller:
(A) For a state governmental entity that is not an institution of
higher education and that is eligible to enter into a grant contract with the
department of economic and community development, shall provide
notice to the department of the entity's noncompliance. Upon receiving
such notice, the state governmental entity becomes ineligible to enter into
any grant contract with the department until such time as the state
governmental entity comes into compliance with subdivision (b)(1) as
evidenced by a certification of compliance issued by the comptroller of the
treasury; or
(8) For a state governmental entity that is an institution of higher
education or otherwise ineligible to enter into a grant contract with the
department of economic and community development, shall provide
notice of the entity's noncompliance to the department of finance and
administration and to the chairs of the joint government operations
committee of the senate and house of representatives. Upon receiving
such notice, the department:
(i) For a first notice of noncompliance, shall notify the entity
that a second or third notice of noncompliance will result in a loss
of general fund revenue from this state in accordance with this
subdivision (b)(3)(8);
(ii) For a second notice of noncompliance, shall withhold
ten percent (10%) of the total general fund revenue the entity is
otherwise entitled to receive for the next subsequent fiscal year, to
be held in escrow until such time as the state governmental entity
comes into compliance with subdivision (b)(1) as evidenced by a
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certification of compliance issued by the comptroller of the
treasury; and
(iii) For a third notice of noncompliance, shall withhold
twenty percent (20%) of the total general fund revenue the entity
is otherwise entitled to receive for the next subsequent fiscal year,
to be held in escrow until such time as the state governmental
entity comes into compliance with subdivision (b)(1) as evidenced
by a certification of compliance issued by the comptroller of the
treasury. Upon receipt of a third notice of noncompliance, the
chairs of the joint government operations committee of the senate
and house of representatives shall require the executive head or
governing body of the entity, as applicable, to appear before the
committee for lack of compliance with subdivision (b)(1). After the
meeting, the committee shall make recommendations to the
speakers of the senate and house of representatives regarding
the noncompliance of the entity.
(4) As used in this subsection (b), "state governmental entity" means a
state agency, authority, board, commission, department, or office within the
executive branch of state government or any autonomous state agency,
authority, board, commission, department, office, or institution of higher
education.
(5) A state governmental entity is not noncompliant with subdivision (b)(1)
based solely on the state governmental entity's acceptance of a valid birth
certificate or other lawfully issued form of identification.
(c) This section does not require a state governmental entity to adopt or enact a
rule, policy, or procedure that violates federal law.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.
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HOUSE BILL NO. 1271
PASSED: April 22, 2026
CAMEROl\rSEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
RANDYMCN
SPEAKER OF THE SEN
APPROVED this :]tL day of (V)OAA , 2026
0
BILL LEE, GOVERNOR VAEvery fact on this page links to its source, starting with the official bill record.