Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0304 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 266
3		-	By Hensley
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 304
6	5		By Bulso
7	6
8	7
9	8		HB0304
10	9		001324
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 4;
14	13		Section 5-5-114; Section 6-54-144; Title 7; Section
15	14		15-2-116; Title 49; Title 55; Title 58 and Title 65,
16	15		Chapter 31, Part 1, relative to the display of flags.
17	16
18	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
19	18		SECTION 1. Tennessee Code Annotated, Title 4, Chapter 1, Part 4, is amended by
20	19		adding the following as a new section:
21	20		(a) As used in this section, "display":
22	21		(1) Means to exhibit or place anywhere a passerby may see the object;
23	22		and
24	23		(2) Includes, but is not limited to, painting, projecting, or otherwise
25	24		causing to come into existence the image of a flag on a public courthouse,
26	25		roadway, or sidewalk.
27	26		(b) Except as required by §§ 55-9-103 and 55-9-104, a governmental entity, or
28	27		agency thereof, shall not display, or permit the display of, any flag, including, but not
29	28		limited to, an image or stylized version of a political flag, other than the flag of the United
30	29		States or the official flag of the state of Tennessee on a public courthouse, roadway, or
31	30		sidewalk that is under the jurisdiction of the governmental entity, or agency thereof.
32	31		(c) Any citizen of this state has standing to file a civil action against a
33	32		governmental entity, or agency thereof, to enforce this part. The judge presiding over an
34	33		action brought pursuant to this subsection (c) shall award a citizen-plaintiff who prevails
35	34		in the action the costs that the citizen reasonably incurred to bring the action, including
36	35		reasonable attorneys' fees and expenses.
37	36
38	37
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40	39
41	40		SECTION 2. Tennessee Code Annotated, Title 7, Chapter 51, is amended by adding
42	41		the following as a new part:
43	42		7-51-2601.
44	43		As used in this part:
45	44		(1) "Display":
46	45		(A) Means to exhibit or place anywhere a passerby may see the
47	46		object; and
48	47		(B) Includes, but is not limited to, painting, projecting, or
49	48		otherwise causing to come into existence the image of a flag on a public
50	49		courthouse, roadway, or sidewalk; and
51	50		(2) "Local government" means a municipality or county, or an agency or
52	51		unit of the municipality or county.
53	52		7-51-2602.
54	53		(a) Except as required by §§ 55-9-103 and 55-9-104, a local government shall
55	54		not display, or permit the display of, any flag, including, but not limited to, an image or
56	55		stylized version of a political flag, other than the flag of the United States or the official
57	56		flag of the state of Tennessee on a public courthouse, roadway, or sidewalk that is under
58	57		the local government's jurisdiction.
59	58		(b) Any citizen of this state has standing to file a civil action against a local
60	59		government to enforce this part. The judge presiding over an action brought pursuant to
61	60		this subsection (b) shall award a citizen-plaintiff who prevails in the action the costs that
62	61		the citizen reasonably incurred to bring the action, including reasonable attorneys' fees
63	62		and expenses.
64	63		SECTION 3. Tennessee Code Annotated, Section 49-1-201(c)(16), is amended by
65	64		adding "in accordance with § 49-6-2005" after "public school buildings".
66	65
67	66
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69	68
70	69		SECTION 4. Tennessee Code Annotated, Section 49-6-2005, is amended by adding
71	70		the following as a new subsection:
72	71		(c)
73	72		(1) An LEA or public charter school shall not display, nor permit any of its
74	73		employees or agents to display, a flag other than the following on or in a public
75	74		school:
76	75		(A) The United States flag;
77	76		(B) The official Tennessee state flag;
78	77		(C) A flag that cannot be disturbed or altered pursuant to § 4-1-
79	78		412;
80	79		(D) The POW/MIA flag;
81	80		(E) A flag that represents an Indian tribe, as defined in 25 U.S.C.
82	81		§ 5304;
83	82		(F) A flag that represents a city, county, metropolitan government,
84	83		or other political subdivision of this state;
85	84		(G) A flag that represents any unit, branch, or other division of the
86	85		armed forces, including, but not limited to, an ROTC program;
87	86		(H) The current, official flag of a country or political subdivision
88	87		thereof;
89	88		(I) A flag that represents a college or university;
90	89		(J) A flag that is displayed temporarily as part of a bona fide
91	90		course curriculum;
92	91		(K) An official school flag; or
93	92		(L) The flag of an organization duly authorized to use a public
94	93		school building; provided, that the flag of an organization duly authorized
95	94
96	95
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98	97
99	98		to use a public school building may only be displayed at the time and
100	99		place that the organization is authorized to use school property.
101	100		(2) This subsection (c) applies, and must be construed by any court to
102	101		apply, only to the extent permitted by the Constitution of Tennessee, Article I, §
103	102		19, and the First Amendment to the United States Constitution. If any provision
104	103		in this subsection (c) is held to violate the Constitution of Tennessee, Article I, §
105	104		19, or the First Amendment to the United States Constitution, then the other
106	105		provisions of this subsection (c) are severable and are not affected by such
107	106		determination.
108	107		(3) A parent or guardian of a student who is enrolled in and attends, or of
109	108		a child who is eligible to enroll in and attend, a school operated by an LEA or
110	109		public charter school has standing to file a civil action against the LEA or public
111	110		charter school in a chancery court to enforce this subsection (c); provided, that,
112	111		prior to filing an action pursuant to this subdivision (c)(3), the parent or guardian
113	112		must first provide written notice of the alleged violation of subsection (c) to the
114	113		LEA or public charter school and allow the LEA or public charter school ten (10)
115	114		days to remedy a violation.
116	115		(4) For purposes of this subsection (c), "display" means to exhibit or
117	116		place anywhere students may see the object.
118	117		SECTION 5. Tennessee Code Annotated, Section 58-4-302(b)(1), is amended by
119	118		deleting the subdivision and substituting instead:
120	119		(1) A building that serves as the main administrative building of the county;
121	120		provided, that the building is not a courthouse. If the building that serves as the main
122	121		administrative building of the county is a courthouse, the POW/MIA flag may be
123	122		displayed at another building where county government offices are located;
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127	126
128	127		SECTION 6. This act takes effect upon becoming a law, the public welfare requiring it.