Tennessee House Bill HB0374

Tennessee 2025-2026 Regular Session

• Introduced: 1/27/25
• Refer: 2/5/25

Caption

AN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3 and Title 27, Chapter 1, relative to causes of action.

Impact

The primary impact of HB 0374 is to reinforce the availability of declaratory and injunctive relief while maintaining the existing immunities for the state and its officials. By allowing affected individuals to challenge governmental actions in court, the bill supports a legal pathway for accountability without compromising state protections. This change is expected to influence how citizens engage with state actions and seek redress in cases where they believe their rights have been infringed upon by government entities.

Summary

House Bill 0374 is a legislative measure aimed at amending provisions in the Tennessee Code Annotated concerning causes of action. The bill establishes that any affected person may seek declaratory or injunctive relief in state court for challenges related to the legality or constitutionality of governmental actions. Importantly, the bill clarifies that it does not provide a basis for seeking damages against the state or its entities. This modification aims to streamline the legal framework in Tennessee regarding how individuals can contest government actions without opening the floodgates to damage claims.

Sentiment

The sentiment surrounding HB 0374 appears to be one of cautious optimism from legal advocates for transparency and accountability in governmental actions. Proponents of the bill likely view it as a fundamental step toward empowering individuals in their interactions with the state. Conversely, concerns may exist among those who worry that granting access to legal relief without the possibility of damages could lead to increased litigation against state entities, potentially straining judicial resources.

Contention

Notable points of contention regarding HB 0374 involve the balance between allowing individuals to seek relief against governmental actions and protecting the state from excessive litigation. Critics may argue that while the bill allows for important legal challenges, it could inadvertently lead to a surge in lawsuits, especially in politically charged contexts. Furthermore, the lack of a mechanism for damages might dissuade potential claimants who feel that their only recourse is theoretical rather than practical in terms of obtaining justice.