Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1237 Compare Versions

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

Old	New	Differences
1	1
2	2	SENATE BILL 1235
3	3	By Rose
4	4
5	5	HOUSE BILL 1237
6	6	By Zachary
7	7
8	8
9	9	HB1237
10	10	003239
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 4,
14	14	Chapter 21; Title 9; Title 62; Title 63 and Title 68,
15	15	relative to 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
37	37
38	38
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40	40
41	41	agent can establish by clear and convincing evidence that they acted at the direction of
42	42	the board, or any superior officer, employee, or agent thereof, then the cause of action
43	43	must 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 cause of
47	47	action under 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 persons 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 such 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
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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
85	85	agent can establish by clear and convincing evidence that they acted at the direction of
86	86	the board, or any superior officer, employee, or agent thereof, then the cause of action
87	87	shall 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
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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. Tennessee Code Annotated, Section 63-3-103(b), is amended by deleting
111	111	the language "and that at least one (1) person serving on the board is a member of a racial
112	112	minority".
113	113	SECTION 4. Tennessee Code Annotated, Section 63-4-102(c), is amended by deleting
114	114	the language "and that at least one (1) person serving on the board is a member of a racial
115	115	minority".
116	116	SECTION 5. Tennessee Code Annotated, Section 63-5-103(d)(2), is amended by
117	117	deleting the language "and that at least one (1) person serving on the board is a member of a
118	118	racial minority".
119	119	SECTION 6. Tennessee Code Annotated, Section 63-6-102(c), is amended by deleting
120	120	the language ", one (1) person who is female and one (1) person who is an African-American".
121	121
122	122
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124	124
125	125	SECTION 7. Tennessee Code Annotated, Section 63-7-202(i), is amended by deleting
126	126	the language "and that at least one (1) person serving on the board is a member of a racial
127	127	minority".
128	128	SECTION 8. Tennessee Code Annotated, Section 63-9-101(a), is amended by deleting
129	129	the language "and that at least one (1) person serving on the board is a member of a racial
130	130	minority".
131	131	SECTION 9. Tennessee Code Annotated, Section 63-10-304(c), is amended by
132	132	deleting the language ", one (1) person serving on the board is a member of a racial minority,".
133	133	SECTION 10. Tennessee Code Annotated, Section 63-11-102(c)(2), is amended by
134	134	deleting the language "and that at least one (1) person serving on the board is a member of a
135	135	racial minority".
136	136	SECTION 11. Tennessee Code Annotated, Section 63-12-104(c), is amended by
137	137	deleting the language "and that at least one (1) person serving on the board is a member of a
138	138	racial minority".
139	139	SECTION 12. Tennessee Code Annotated, Section 63-13-216(k), is amended by
140	140	deleting the language ", that at least one (1) member is a racial minority".
141	141	SECTION 13. Tennessee Code Annotated, Section 63-13-318(k), is amended by
142	142	deleting the language ", that at least one (1) member is a racial minority,".
143	143	SECTION 14. Tennessee Code Annotated, Section 63-14-101(b)(3), is amended by
144	144	deleting the language "and that at least one (1) person serving on the board is a member of a
145	145	racial minority".
146	146	SECTION 15. Tennessee Code Annotated, Section 63-16-102(b)(2), is amended by
147	147	deleting the language "and that at least one (1) person serving on the board is a member of a
148	148	racial minority".
149	149
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152	152
153	153	SECTION 16. Tennessee Code Annotated, Section 63-17-104(b)(3), is amended by
154	154	deleting the language "and that at least one (1) person serving on the board is a member of a
155	155	racial minority".
156	156	SECTION 17. Tennessee Code Annotated, Section 63-17-202(b)(2), is amended by
157	157	deleting the language "and that at least one (1) person serving on the council is a member of a
158	158	racial minority".
159	159	SECTION 18. Tennessee Code Annotated, Section 63-19-103(b)(1), is amended by
160	160	deleting the language "and that at least one (1) person serving on the board is a member of a
161	161	racial minority".
162	162	SECTION 19. Tennessee Code Annotated, Section 63-22-101(c)(5), is amended by
163	163	deleting the language "and that at least one (1) person serving on the board is a member of a
164	164	racial minority".
165	165	SECTION 20. Tennessee Code Annotated, Section 63-23-101(b)(6), is amended by
166	166	deleting the language "and that at least one (1) person serving on the board is a member of a
167	167	racial minority".
168	168	SECTION 21. Tennessee Code Annotated, Section 63-24-102(b)(3), is amended by
169	169	deleting the language "In making appointments to the board, the governor shall strive to ensure
170	170	that at least one (1) person serving on the board is a member of a racial minority.".
171	171	SECTION 22. Tennessee Code Annotated, Section 63-25-106(b), is amended by
172	172	deleting the language "and that at least one (1) person serving on the board is a member of a
173	173	racial minority".
174	174	SECTION 23. Tennessee Code Annotated, Section 63-27-103(f), is amended by
175	175	deleting the language ", that at least one (1) member is a member of a racial minority,".
176	176
177	177
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179	179
180	180	SECTION 24. Tennessee Code Annotated, Section 63-28-112(b), is amended by
181	181	deleting the language "and that at least one (1) person serving on the committee is a member of
182	182	a racial minority".
183	183	SECTION 25. Tennessee Code Annotated, Section 63-31-103(e), is amended by
184	184	deleting the language "and that at least one (1) person serving on the committee is a member of
185	185	a racial minority".
186	186	SECTION 26. Tennessee Code Annotated, Section 68-24-601(b)(6), is amended by
187	187	deleting the language "and that at least one (1) person serving on the board is a member of a
188	188	racial minority".
189	189	SECTION 27. Tennessee Code Annotated, Section 68-29-109(j), is amended by
190	190	deleting the language "and that at least one (1) person appointed to serve on the board is a
191	191	member of a racial minority".
192	192	SECTION 28. Tennessee Code Annotated, Section 68-140-303(e)(1), is amended by
193	193	deleting the language ", that at least one (1) person serving on the board is a member of a racial
194	194	minority,".
195	195	SECTION 29. This act takes effect upon becoming a law, the public welfare requiring it.