Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0472 Compare Versions

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

Old	New	Differences
1	1
2	2	SENATE BILL 398
3	3	By Rose
4	4
5	5	HOUSE BILL 472
6	6	By Zachary
7	7
8	8
9	9	HB0472
10	10	002405
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 4,
14	14	Chapter 21; Title 9; Title 62 and Title 63, relative to
15	15	state entities.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Title 62, Chapter 76, Part 1, is amended by
19	19	adding the following new section:
20	20	62-76-108.
21	21	(a) As used in this section, "board" means the governing body of any state entity
22	22	created under this title.
23	23	(b) A person must not be excluded from membership on a board on the basis of
24	24	race, color, ethnicity, or national origin. A person must not be subjected to discrimination
25	25	on the basis of race, color, ethnicity, or national origin as a member of a board.
26	26	(c) A board shall not establish or operate under race-based policies pertaining to
27	27	the composition of such entities, including policies on affirmative action, racial
28	28	preferences, or racial quotas.
29	29	(d) A board shall not use a person's race, color, ethnicity, or national origin to
30	30	determine the person's participation as a member of the board. The use of aggregated
31	31	data concerning the race, color, ethnicity, or national origin of such persons to make
32	32	such decisions is prohibited.
33	33	(e) There is established a private cause of action against a board that violates
34	34	this section.
35	35	(f) There is established a private cause of action against any officer, employee,
36	36	or agent of a board for violating this section. However if such officer, employee, or agent
37	37
38	38
39	39	- 2 - 002405
40	40
41	41	can establish by clear and convincing evidence that they acted at the direction of the
42	42	board, or any superior officer, employee, or agent thereof, then the cause of action must
43	43	lie against the board, the officer, the employee, the agent, or a combination of such
44	44	parties.
45	45	(g)
46	46	(1) A plaintiff may seek to recover the following damages for a violation
47	47	of this section:
48	48	(A) Actual or compensatory damages sustained by the plaintiff;
49	49	and
50	50	(B) Punitive damages, if the plaintiff demonstrates that the board
51	51	or other parties discriminated against the person intentionally or with
52	52	reckless indifference to the protected rights of the plaintiff.
53	53	(2) The plaintiff must prove damages by a preponderance of the
54	54	evidence.
55	55	(h) In an award of damages resulting from an action brought by a plaintiff under
56	56	this section, the defendant is strictly liable to the plaintiff for a minimum of four thousand
57	57	dollars ($4,000) in statutory damages, independent of any actual or compensatory
58	58	damages sustained by the plaintiff as a result of a violation of this section.
59	59	(i) In an action brought under this section:
60	60	(1) The plaintiff may seek injunctive and declaratory relief; and
61	61	(2) The state waives sovereign immunity.
62	62	SECTION 2. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by
63	63	adding the following new section:
64	64	63-1-177.
65	65
66	66
67	67	- 3 - 002405
68	68
69	69	(a) As used in this section, "board" means the governing body of any state entity
70	70	created under this title.
71	71	(b) A person must not be excluded from membership on a board on the basis of
72	72	race, color, ethnicity, or national origin. A person must not be subjected to discrimination
73	73	on the basis of race, color, ethnicity, or national origin as a member of a board.
74	74	(c) A board shall not establish or operate under race-based policies pertaining to
75	75	the composition of such entities, including policies on affirmative action, racial
76	76	preferences, or racial quotas.
77	77	(d) A board shall not use a person's race, color, ethnicity, or national origin to
78	78	determine the person's participation as a member of the board. The use of aggregated
79	79	data concerning the race, color, ethnicity, or national origin of such persons to make
80	80	such decisions is prohibited.
81	81	(e) There is established a private cause of action against a board that violates
82	82	this section.
83	83	(f) There is established a private cause of action against any officer, employee,
84	84	or agent of a board for violating this section. However if such officer, employee, or agent
85	85	can establish by clear and convincing evidence that they acted at the direction of the
86	86	board, or any superior officer, employee, or agent thereof, then the cause of action shall
87	87	lie against the board, the officer, the employee, the agent, or a combination of such
88	88	parties.
89	89	(g)
90	90	(1) A plaintiff may seek to recover the following damages for a cause of
91	91	action established under this section:
92	92	(A) Actual or compensatory damages sustained by the plaintiff;
93	93	and
94	94
95	95
96	96	- 4 - 002405
97	97
98	98	(B) Punitive damages if the plaintiff demonstrates that the board
99	99	or other persons discriminated against the person intentionally or with
100	100	reckless indifference to the protected rights of the plaintiff.
101	101	(2) The plaintiff must prove such damages by a preponderance of the
102	102	evidence.
103	103	(h) In an award of damages resulting from an action brought by a plaintiff under
104	104	this section, the defendant is strictly liable to the plaintiff for a minimum of four thousand
105	105	dollars ($4,000) in statutory damages, independent of any actual or compensatory
106	106	damages sustained by the plaintiff as a result of a violation of this section.
107	107	(i) In an action brought under this section:
108	108	(1) The plaintiff may seek injunctive and declaratory relief; and
109	109	(2) The state waives sovereign immunity.
110	110	SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.