govt.fyi
Back to HB 1640
Tennessee General Assembly· HB 1640Comp. SB subst.

Public Records - As enacted, designates records of the office of homeland security related to critical infrastructure as confidential and exempts such records from public records requests; makes related changes. - Amends, the official text

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.
:!  4\,RE   )E:~~1•:

      t ••

                  ..-.-.-.-..

State ff Jennessee

                             PUBLIC CHAPTER NO. 837

                                                    SENATE BILL NO. 1881

                                       By Johnson, Bowling, Rose, Seal, White

                                           Substituted for: House Bill No. 1640

                                By Lamberth, Cochran, Eldridge, Crawford, Bricken

AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5, relative to confidentiality
         of department of safety records.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 10-7-504(a)(2), is amended by adding the
following as a new subdivision:

                   (D)(i) The following records of the office of homeland security are confidential and are
                   not open to inspection by members of the public:

                                       (a) All records possessed by the office describing protected critical
                             infrastructure facilities and critical infrastructure, as defined in §§ 39-13-903
                             and 39-14-411, 42 U.S.C. § 5195c, and 50 U.S.C. § 4552, respectively,
                             submitted or created for protected use regarding the security of critical
                             infrastructure facilities and critical infrastructure, analyses, warnings,
                             interdependency studies, recovery, reconstitution, or for other appropriate
                             purposes related to the security of critical infrastructure facilities and critical
                             infrastructure;

                                       (b) All records involving the identification, analysis, prevention,
                             preemption, disruption, response, maintenance, and defense against and
                             mitigation of acts of terrorism, as defined in § 39-13-803, and criminal threats
                             and acts, against the critical infrastructure facilities and critical infrastructure of
                             this state;

                                       (c) All records that are designated by the commissioner of safety or the
                             commissioner's designee as describing or relating to protected critical
                             infrastructure facilities and critical infrastructure;

                                       (d) All records involving vulnerability or security assessment
                             information for specific locations, including, but not limited to, risk and
                             vulnerability assessments, penetration test results, security or emergency
                             response plans, schematics, floor plans, utility layouts, access control
                             configurations, camera placements and coverage, alarm specifications, guard-
                             force posture, response times, cybersecurity arch_itecture and defensive
                             configurations, suspicious activity reporting with identifying details, threat
                             streams and indicators of compromise, and other operational details that could
                              be used to exploit a weakness. Unless otherwise required to be confidential by
                              law, video footage of an alleged crime is open to public inspection; provided,
                             that such footage may be redacted to protect vulnerability or security
                              assessment information for specific locations;

                                       (e) All records regarding specific threat information relating to acts of
                             terrorism, as defined in § 39-13-803, targeted violence, sabotage, or foreign
                              adversary activity. As used in this subdivision (a)(2)(D)(i)(e), "foreign
                              adversary" means a nation specified in 15 CFR 791.4;
SB 1881

                                       (f) All records involving intelligence sharing and sensitive capabilities
                             that are received from, produced for, or shared with a federal, state, local,
                             tribal, territorial, or private-sector partner that are marked, designated, or
                             accompanied by restrictions indicating the information is sensitive security
                             information, homeland security information, or otherwise restricted from public
                             release by the originating entity, to the extent disclosure would reveal security
                             capabilities, analytical tradecraft, operational methods, or specific threat
                             indicators; and

                                       (g) All records regarding threats against and vulnerabilities of public
                             officials, political candidates, judges, prosecutors, law enforcement officers, or
                             other persons for whom protective operations are conducted or contemplated.
                             The office of homeland security shall provide an annual report to the general
                             assembly by January 31 of each year with the number of threats against
                             public officials investigated by the office in the prior year and the number of
                             threats that resulted in criminal charges or a prosecution.
                             (ii) Unless otherwise confidential by law, this subdivision (a)(2)(D) does not
                   prohibit the disclosure of records relating to an investigation of alleged misconduct by
                   a law enforcement officer, an investigation of excessive use of force, or an
                   investigation into a violation of department policies, practices, or standards.
                             (iii) Unless otherwise confidential by law, this subdivision (a)(2)(D) does not
                   require information to be redacted from an affidavit, warrant, charging instrument or
                   other judicial record.
                             (iv) Records of state or local costs associated with private-sector partners are
                   not confidential. The identity of a private-sector partner is confidential as required
                   under state or federal law.
                             (v) Unless otherwise confidential by law, the office of homeland security shall
                   release basic information about an arrested person, an arrest, or a crime, including
                   the offense description, location, time and date of the alleged crime, identification of
                   investigating officers, a narrative description of the incident, arrest information, and
                    names of involved parties.
          SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.

                                                                2
         SENATE BILL NO. 1881

PASSED:  April 13, 2026

         n..., 4='-,\ j\\,.~~\..

                         \         RA~Y McNALLY

                                   SPEAKER OF THE SENATE

                         c.~

                            CAMERON SEXTON, SPEAKER
                            HOUSE OF REPRESENTATIVES

d-1!-~ /Jrpr. ~ APPROVED this  'J  2026
         day of

         • UI ..

         BILL LEE, GOVERNOR
Every fact on this page links to its source, starting with the official bill record.