Tennessee 2025 2025-2026 Regular Session

Tennessee House Bill HB0764 Introduced / Fiscal Note

Filed 02/22/2025

                    SB 290 - HB 764 
FISCAL NOTE 
 
 
 
Fiscal Review Committee 
Tennessee General Assembly 
 
February 22, 2025 
Fiscal Analyst: Alan Hampton | Email: alan.hampton@capitol.tn.gov | Phone: 615-741-2564 
 
SB 290 - HB 764 
 
SUMMARY OF BILL:    Specifies that certain physical searches of students, lockers, vehicles, 
or other property on school grounds must be conducted by a school resource officer (SRO). 
Requires a principal to notify the parent or legal guardian of a student under 18 years of age of the 
need to conduct a physical search of the student and to receive consent prior to conducting a search. 
Clarifies that current law does not authorize a physical search that violates the United States 
Constitution or the Constitution of Tennessee. 
 
 
FISCAL IMPACT: 
 
NOT SIGNIFICANT 
  
 Assumptions: 
 
• Pursuant to Tenn. Code Ann. §§ 49-6-4204(a) and 49-6-2405(a), a principal of a school is 
authorized to order the search of students, lockers, vehicles, and other property on school 
grounds while in presence of the principal or principal’s staff, if circumstances deem the 
search necessary. 
• The proposed legislation requires any such search to only be conducted by an SRO who is 
acting as a school official for the purposes of the search. 
• There are approximately 1,894 schools in this state and based on a survey conducted by the 
Department of Education in October 2023, there are 1,302 schools with existing SROs. 
• Schools that employ an SRO will be able to comply with the proposed physical search 
requirements within existing resources such that any fiscal impact is estimated to be not 
significant. 
• Schools that do not employ an SRO will be unable to conduct physical searches pursuant to 
Tenn. Code Ann. §§ 49-6-4204 and 49-6-4205.  
• It is assumed such school may utilize an SRO from another school or request assistance 
from a local law enforcement agency. A search conducted by a visiting SRO or other local 
law enforcement officer will be performed utilizing existing personnel and resources; any 
fiscal impact is estimated to be not significant. 
• However, it is unknown if a physical search conducted on school grounds by an SRO from 
another school or local law enforcement officer would be in compliance with the proposed 
legislation. 
• Clarifying that current law does not authorize a search that violates the United States 
Constitution or the Tennessee Constitution will have no impact on state or local 
government. 
   
 	SB 290 - HB 764  	2 
CERTIFICATION: 
 
 The information contained herein is true and correct to the best of my knowledge. 
   
Bojan Savic, Executive Director