Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0470 Compare Versions

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

Old	New	Differences
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2	2	SENATE BILL 226
3	3	By Taylor
4	4
5	5	HOUSE BILL 470
6	6	By Rudd
7	7
8	8
9	9	HB0470
10	10	001200
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13	13	AN ACT to amend Tennessee Code Annotated, Title 4,
14	14	relative to the Professionals' Freedom of Religion
15	15	Act.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Title 4, Chapter 3, is amended by adding the
19	19	following as a new part:
20	20	4-3-5301. Short title.
21	21	This part is known and may be cited as the "'Professionals' Freedom of Religion
22	22	Act."
23	23	4-3-5302. Part definitions.
24	24	As used in this part:
25	25	(1) "Governmental entity" means a state agency, department, board, or
26	26	commission that issues licenses;
27	27	(2) "License":
28	28	(A) Means a license, certification, registration, permit, approval, or
29	29	similar document issued to an individual evidencing admission to, or
30	30	giving authority to, engage in a profession, trade, occupation, business, or
31	31	industry in this state; and
32	32	(B) Does not include a license to practice law unless the supreme
33	33	court establishes guidelines pursuant to title 23 making this part
34	34	applicable to that license; and
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36	36
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39	39	(3) "Multiple-listing service" or "MLS" means a database established by
40	40	cooperating real estate brokers to provide data about properties for sale in this
41	41	state.
42	42	4-3-5303. Unlawful practices against professional licenses prohibited.
43	43	(a) It is unlawful for a governmental entity to deny, revoke, suspend, or take
44	44	other adverse action against an individual's license for the following:
45	45	(1) Refusing to affirm a statement or oath that is contrary to the
46	46	individual's sincerely held religious beliefs or moral convictions;
47	47	(2) Expressing sincerely held religious beliefs or moral convictions in any
48	48	context, including a professional context, as long as the services provided
49	49	otherwise meet the standard of care or practice for that profession; or
50	50	(3) Providing faith-based services that otherwise meet the standard of
51	51	care or practice for that profession.
52	52	(b) It is unlawful for a governmental entity to take any adverse action against a
53	53	licensee or applicant for licensure based on such person's beliefs or the lawful
54	54	expression of those beliefs, to the extent protected under the United States Constitution
55	55	or the Constitution of Tennessee.
56	56	(c) Notwithstanding another provision of law, it is not a prohibited act for a
57	57	licensee or an applicant for licensure, to engage in the free exercise of religion or the
58	58	freedom of speech or expression protected under the United States Constitution or the
59	59	Constitution of Tennessee.
60	60	4-3-5304. Unlawful practices regarding access to an MLS or real estate brokers
61	61	organization prohibited.
62	62	(a) It is unlawful for a person to do any of the following based on an individual's
63	63	religious or moral beliefs, or an individual's lawful expression of those beliefs in a
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68	68	nonprofessional setting that does not involve real estate-related activities or
69	69	transactions, and where such expression does not otherwise violate the Tennessee Real
70	70	Estate Broker License Act of 1973, compiled in title 62, chapter 13:
71	71	(1) Deny an individual access to or membership or participation in a
72	72	multiple-listing service or real estate brokers' organization;
73	73	(2) Disfavor an individual in the terms or conditions of access,
74	74	membership, or participation in a multiple-listing service or real estate brokers'
75	75	organization; or
76	76	(3) Discipline an individual under the rules of a real estate brokers'
77	77	organization.
78	78	(b) It is unlawful for a real estate brokers' organization or another organization
79	79	that controls, governs, owns, manages, or operates a real estate multiple-listing service
80	80	to require membership in the organization as a condition for a licensed broker or affiliate
81	81	broker, as those terms are defined in § 62-13-102, to enjoy full use of such multiple-
82	82	listing service. A non-member must not be charged an MLS participation fee higher than
83	83	those paid by association members.
84	84	4-3-5305. Remedies.
85	85	(a) A person who has been harmed, or is substantially likely to be harmed, by a
86	86	governmental entity or person violating this part has a cause of action against the entity
87	87	or person and may assert such violation as a claim or defense in a judicial or
88	88	administrative proceeding.
89	89	(b) A governmental entity or person violating this part is subject to:
90	90	(1) Payment to the complainant of damage for injury, including
91	91	humiliation and embarrassment, caused by the unlawful practice, and costs,
92	92	including reasonable attorney's fees; and
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97	97	(2) Other remedies as are necessary and proper to eliminate all the
98	98	unlawful practices identified by the evidence submitted.
99	99	(c) The remedies authorized by this section are not exclusive and do not
100	100	preclude other remedies or causes of action under the law.
101	101	SECTION 2. The headings in this act are for reference purposes only and do not
102	102	constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
103	103	requested to include the headings in a compilation or publication containing this act.
104	104	SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.