SENATE BILL 1048
By Bowling
HOUSE BILL 562
By Fritts
HB0562
002486
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AN ACT to amend Tennessee Code Annotated, Title 58,
Chapter 2, relative to emergency powers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 58-2-302, is amended by designating
the existing language as subsection (a) and adding the following as a new subsection (b):
(b)
(1) As used in this subsection (b), "lawful occupation" means a lawful
vocation, trade, business, profession, field of specialization, or other means of
livelihood that is not specifically deemed to be unlawful under the law of this
state.
(2) During the existence of a state of emergency declared pursuant to
this chapter, or at any other time, a political subdivision or a public official shall
not prohibit the operation of or engagement in a lawful occupation by
categorizing a lawful occupation as non-essential in an order, rule, or regulation.
(3) This subsection (b) does not apply where a person engaged in a
lawful occupation is prohibited from operating or engaging in the lawful
occupation, either temporarily or permanently, as a result of a violation of state or
federal law.
(4) A person harmed by a violation of this subsection (b) may bring a civil
action for actual damages or declaratory relief against the political subdivision or
public official who violated this subsection (b). A violation committed by a public
official subjects the public official to personal liability in an action brought
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pursuant to this subdivision (b)(4). A court shall award litigation costs and fees,
including reasonable attorneys' fees, to a person who prevails in an action
brought pursuant to this subdivision (b)(4).
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to prohibited conduct occurring on or after that date.