Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0376 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2	<BillNo> <Sponsor>
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4	4	HOUSE BILL 376
5	5	By Zachary
6	6
7	7
8	8	HB0376
9	9	001910
10	10	- 1 -
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12	12	AN ACT to amend Tennessee Code Annotated, Title 4,
13	13	Chapter 21; Title 9; Title 62 and Title 63, relative to
14	14	state entities.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Title 62, Chapter 76, Part 1, is amended by
18	18	adding the following new section:
19	19	62-76-108.
20	20	(a) As used in this section, "board" means the governing body of any state entity
21	21	created under this title.
22	22	(b) A person must not be excluded from membership on a board on the basis of
23	23	race, color, ethnicity, or national origin. A person must not be subjected to discrimination
24	24	on the basis of race, color, ethnicity, or national origin as a member of a board.
25	25	(c) A board shall not establish or operate under race-based policies pertaining to
26	26	the composition of such entities, including policies on affirmative action, racial
27	27	preferences, or racial quotas.
28	28	(d) A board shall not use a person's race, color, ethnicity, or national origin to
29	29	determine the person's participation as a member of the board. The use of aggregated
30	30	data concerning the race, color, ethnicity, or national origin of such persons to make
31	31	such decisions is prohibited.
32	32	(e) There is established a private cause of action against a board that violates
33	33	subsections this section.
34	34	(f) There is established a private cause of action against any officer, employee,
35	35	or agent of a board for violating this section. However if such officer, employee, or agent
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37	37
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39	39
40	40	can establish by clear and convincing evidence that they acted at the direction of the
41	41	board, or any superior officer, employee, or agent thereof, then the cause of action must
42	42	lie against the board, the officer, the employee, the agent, or a combination of such
43	43	parties.
44	44	(g)
45	45	(1) A plaintiff may seek to recover the following damages for a violation
46	46	of this section:
47	47	(A) Actual or compensatory damages sustained by the plaintiff;
48	48	and
49	49	(B) Punitive damages, if the plaintiff demonstrates that the board
50	50	or other parties discriminated against the person intentionally or with
51	51	reckless indifference to the protected rights of the plaintiff.
52	52	(2) The plaintiff must prove damages by a preponderance of the
53	53	evidence.
54	54	(h) In an award of damages resulting from an action brought by a plaintiff under
55	55	this section, the defendant is strictly liable to the plaintiff for a minimum of four thousand
56	56	dollars ($4,000) in statutory damages, independent of any actual or compensatory
57	57	damages sustained by the plaintiff as a result of a violation of this section.
58	58	(i) In an action brought under this section:
59	59	(1) The plaintiff may seek injunctive and declaratory relief; and
60	60	(2) The state waives sovereign immunity.
61	61	SECTION 2. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by
62	62	adding the following new section:
63	63	63-1-177.
64	64
65	65
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67	67
68	68	(a) As used in this section, "board" means the governing body of any state entity
69	69	created under this title.
70	70	(b) A person must not be excluded from membership on a board on the basis of
71	71	race, color, ethnicity, or national origin. A person must not be subjected to discrimination
72	72	on the basis of race, color, ethnicity, or national origin as a member of a board.
73	73	(c) A board shall not establish or operate under race-based policies pertaining to
74	74	the composition of such entities, including policies on affirmative action, racial
75	75	preferences, or racial quotas.
76	76	(d) A board shall not use a person's race, color, ethnicity, or national origin to
77	77	determine the person's participation as a member of the board. The use of aggregated
78	78	data concerning the race, color, ethnicity, or national origin of such persons to make
79	79	such decisions is prohibited.
80	80	(e) There is established a private cause of action against a board that violates
81	81	this section.
82	82	(f) There is established a private cause of action against any officer, employee,
83	83	or agent of a board for violating this section. However if such officer, employee, or agent
84	84	can establish by clear and convincing evidence that they acted at the direction of the
85	85	board, or any superior officer, employee, or agent thereof, then the cause of action shall
86	86	lie against the board, the officer, the employee, the agent, or a combination of such
87	87	parties.
88	88	(g)
89	89	(1) A plaintiff may seek to recover the following damages for a cause of
90	90	action established under this section:
91	91	(A) Actual or compensatory damages sustained by the plaintiff;
92	92	and
93	93
94	94
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96	96
97	97	(B) Punitive damages if the plaintiff demonstrates that the board
98	98	or other persons discriminated against the person intentionally or with
99	99	reckless indifference to the protected rights of the plaintiff.
100	100	(2) The plaintiff must prove such damages by a preponderance of the
101	101	evidence.
102	102	(h) In an award of damages resulting from an action brought by a plaintiff under
103	103	this section, the defendant is strictly liable to the plaintiff for a minimum of four thousand
104	104	dollars ($4,000) in statutory damages, independent of any actual or compensatory
105	105	damages sustained by the plaintiff as a result of a violation of this section.
106	106	(i) In an action brought under this section:
107	107	(1) The plaintiff may seek injunctive and declaratory relief; and
108	108	(2) The state waives sovereign immunity.
109	109	SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.