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. 1070
SENATE BILL NO. 1587
By Johnson; Mr. Speaker McNally; Stevens, Bowling, Crowe, Hensley, Rose, Seal, Yager
Substituted for: House Bill No. 1706
By Zachary; Mr. Speaker Sexton; Faison, Lamberth, Marsh, Garrett, Cochran, Bulso, Lafferty, White,
Howell, Gary Hicks, Todd, Vaughan, Farmer, Moody, Powers, Grills, Kumar, Capley, Rudd, Davis,
Russell, Littleton, Hawk, Cepicky, Hale, Garringer, Reeves, Doggett, Leatherwood, Fritts, Darby,
McCalmon, Greg Martin, Moon, Alexander, Boyd, Maberry, Sherrell, Renea Jones, Slater,
Tim Hicks, Crawford, Wright, Lankford, Scarbrough, Eldridge, Gant, Hill, Rudder, Brock Martin,
Helton-Haynes, Bricken, Butler, Warner, Atchley, Vital, Stinnett, Keisling, Raper, Stevens, Reneau,
Terry, Haston, Barrett, Reedy
AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 50, relative to unlawful presence in
the United States.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-50-403, is amended by adding the
following as a new subdivision:
(5) In which the employee is unlawfully present in the United States.
SECTION 2. Tennessee Code Annotated, Section 55-50-403, is amended by designating the
existing language as subsection (a) and adding the following as new subsections:
(b)(1) It is an offense for a direct employer to knowingly employ and allow a person
unlawfully present in the United States to operate a commercial motor vehicle in this
state.
(2) It is an offense for a person who is unlawfully present in the United States
to operate a commercial motor vehicle in this state if the operation of the vehicle
requires the operator to be issued and possess a valid commercial driver license.
(3) A violation of this subsection (b) is a Class A misdemeanor.
(c) A law enforcement officer who arrests a person for a violation of subdivision (b)(2)
shall notify the officer's law enforcement agency of the arrest, and the agency shall ensure
that federal immigration authorities are notified, either through the agency's participation in
the 287(9) program pursuant to the Immigration and Nationality Act (8 U.S.C. § 1357(9)) or
by contacting the centralized immigration enforcement division of the department of safety,
created in § 4-3-2014.
(d) Subsection (b) does not apply to a person or entity that does not employ the
person operating the commercial motor vehicle and does not have the legal authority to
verify employment authorization for that person.
(e) For purposes of this section:
(1) "Direct employer":
(A) Means the person or entity that hires, compensates, and exercises
direct supervisory control over an individual operating a commercial motor
vehicle; and
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(8) Does not include customers, shippers, consignees, brokers, or
entities that contract for transportation services, but do not directly employ the
individual operating a commercial motor vehicle; and
(2) "Unlawfully present in the United States" means a person who is not in
lawful immigration status, as defined in 8 CFR 245.1 (d), and includes:
(A) A person who entered the United States without inspection and
admission or parole; and
(B) A person whose lawful immigration status expired or was
rescinded, revoked, or otherwise terminated.
SECTION 3. Tennessee Code Annotated, Title 55, Chapter 50, Part 4, is amended by adding
the following as a new section:
55-50-419. Strict liability for accidents committed by illegal aliens.
(a) A direct employer who knowingly employs and permits a person unlawfully
present in the United States to operate a commercial motor vehicle, and any official or
employee of any state who recklessly issues a commercial driver license to a person
unlawfully present in the United States, are strictly, jointly, and severally liable to any person
who suffers personal injury or property damage caused by the unlawfully present person's
operation of a commercial motor vehicle. A person so injured is entitled to recover:
(1) Compensatory damages in accordance with § 29-39-102, including, but
not limited to, noneconomic damages, as defined in § 29-39-101;
(2) Punitive damages, as provided in § 29-39-104, if appropriate; and
(3) Court costs and reasonable attorney's fees.
(b) A direct employer is presumed to have not acted knowingly if the direct employer
is in compliance with the employment and verification requirements of§§ 50-1-103(b) and (d)
and 50-1-703.
(c) This section does not impose liability on a person or entity that does not employ
the person operating the commercial motor vehicle and does not have the legal authority to
verify employment authorization for that person. •
(d) Notwithstanding any other law, the law of this state applies to any tort action
arising out of an unlawfully present person's operation of a commercial motor vehicle in this
state. Notwithstanding any other law, any contractual choice-of-law provision that requires or
purports to require application of the laws of a different jurisdiction is void as against public
policy, and is not enforceable in any court.
(e) This section creates potential claims against employers that may not ·exist prior to
July 1, 2026. Accordingly, unless policy provisions of an employer's liability insurance policy
expressly provide coverage for a claim created by this section, an employer's liability
insurance policy must not be construed to cover an employer's liability arising under this
section. This section does not alter or modify coverage afforded by an employer's liability
policy for ~ claim that predates July .1, 2026.
(f) For purposes of this section:
(1) "Direct employer":
(A) Means the person or entity that hires, compensates, and exercises
• direct supervisory control over a ··person operating a commercial motor vehicle;
and 1
(B) Does not include customers, shippers, consignees, brokers, or
entities that contract for transportation services, but do not directly employ the
person operating a commercial motor vehicle; and
(2) "Unlawfully present in. the Unite,d States" means a person who is not in
lawful immigration status, as defined ·in 8 CFR 245.1 (d}, and includes:
(A) A person who entered· the United States without inspection and
admission or parole; and ••
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(B) A person whose lawful ._immigration status expired or was
. rescinded, revoked, or otherwise termi_nated.
SECTION 4. The heading in this act is for reference purposes only and does not constitute a
part of ·the law· enacted by this act. However, the Tennessee Code Commission is requested to
include the heading, in any compilation or publication .containing this act.
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SECTION 5. This act takes effect July 1, 2026, the public welfare requiring it.
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SENATE BILL NO. 1587
PASSED: April 21, 2026
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SPEAKER OF THE SENATE
C:J,z-
CAMERON SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
APPROVED this d)')..wJ. day of fVJad "" 2026
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BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.