Remedies and Special Proceedings - As enacted, removes the right of a cause of action for any affected person who seeks declaratory and injunctive relief in any action brought regarding the legality or constitutionality , the official text

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PUBLIC CHAPTER NO. 664

                                                  HOUSE BILL NO. 1971

  By Representatives Farmer, Mr. Speaker Sexton, Lamberth, Faison, Atchley; Cochran,
                                  Gary Hicks, Travis, Moody, Bricken, Wright

                                       Substituted for: Senate Bill No. 1958

    By Senators Stevens, Mr. Speaker McNally, Haile, Yager, Johnson, Gardenhire, Seal,
                                                               Rose

          AN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3 and Title 49, relative
to causes of action.

          WHEREAS, the 110th General Assembly enacted Public Chapter 621; and

          WHEREAS, the General Assembly never intended that enactment to waive Tennessee's
sovereign immunity; and

          WHEREAS, the General Assembly maintains its intent to retain Tennessee's sovereign
immunity; now, therefore,

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

          SECTION 1. Tennessee Code Annotated, Section 1-3-121, is amended by deleting the
section in its entirety.

          SECTION 2. Tennessee Code Annotated, Section 49-7-191(f), is amended by deleting
the subsection and substituting the following:

                    (f) An individual who believes that a violation of this section has occurred may
          seek relief pursuant to § 4-21-311.

          SECTION 3. Tennessee Code Annotated, Title 1, Chapter 3, is amended by adding the
following as a new section:

                    (a) Notwithstanding another law to the contrary, a cause of action exists under
          this section for any affected person who seeks declaratory or injunctive relief in any
          action brought regarding the legality or constitutionality of a governmental action of only
          a political subdivision of this state. A cause of action does not exist under this section:

                              (1) To seek damages; or

                              (2) To challenge the validity or constitutionality of any state statute.

                    (b) As used in this section, "political subdivision" means a local governmental
          entity, including a city, town, metropolitan government, county, utility district, local school
          district, public building authority, and development district created and existing pursuant
          to the laws of this state, or any instrumentality of government created by any one (1) or
          more of the named local governmental entities.

                    (c) This section does not limit any other cause of action or waiver of sovereign
          immunity to vindicate rights under the Tennessee Constitution or the Uniteq States
          Constitution.

          SECTION 4. If any provision of this act or the application of any provision of this act to
any person or circumstance is held invalid, the invalidity does not affect other provisions or
applications of the act that can be given effect without the invalid provision or application, and to
that end, the provisions of this act are severable.

          SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it.
                    HOUSE BILL NO. 1971

PASSED:  April 2, 2026

                              CAMERON"'SEXTON,SPEAKER
                              HOUSE OF REPRESENTATIVES

                        t(...-,L,[ " " l t-Q C-0.,~

                           '             RANDY ,CNALLY

                                      SPEAKER OF TH SENATE

I APPROVED this 7-fJ.. day of (\pr,'     2026

BILL LEE, GOVERNOR      -