Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1264 Compare Versions

Only one version of the bill is available at this time.
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22 SENATE BILL 1231
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55 HOUSE BILL 1264
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99 HB1264
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1212
1313 AN ACT to amend Tennessee Code Annotated, Section 4-
1414 1-422, relative to property rights.
1515
1616 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1717 SECTION 1. Tennessee Code Annotated, Section 4-1-422, is amended by deleting the
1818 section and substituting:
1919 (a) As used in this section, unless context otherwise requires:
2020 (1) "International policymaking organization":
2121 (A) Means a nongovernmental or an intergovernmental entity that
2222 issues model policies or guidelines or proposed laws or rules that pertain
2323 to a particular subject matter or range of subject matter areas of public
2424 policy, and which may be adopted in whole or in part by an instrument of
2525 government as the policy of that government; and
2626 (B) Includes the World Health Organization, the United Nations,
2727 and the World Economic Forum; and
2828 (2) "Political subdivision" means a local governmental entity, including a
2929 municipality, metropolitan government, county, utility district, school district,
3030 public building authority, and development district created and existing pursuant
3131 to the laws of this state, or any instrumentality of government created by any one
3232 (1) or more of the named local governmental entities.
3333 (b) The state and its political subdivisions shall not adopt or implement policy
3434 recommendations that deliberately or inadvertently infringe upon or restrict private
3535 property rights without due process or an individual's constitutional rights, as may be
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4040 required by policy recommendations originating in or traceable to any international
4141 policymaking organization, including the United Nations or a subsidiary entity of the
4242 United Nations, including:
4343 (1) "Agenda 21," as adopted by the United Nations in 1992 at its
4444 Conference on Environment and Development;
4545 (2) The 2030 Agenda for Sustainable Development, introduced at a
4646 United Nations Summit in 2015;
4747 (3) The United Nations' proposal to reach net zero emissions by 2050; or
4848 (4) Another international law or ancillary plan of action that contravenes
4949 the United States Constitution or the Constitution of Tennessee.
5050 (c)
5151 (1) Since the United Nations has accredited and enlisted numerous
5252 nongovernmental and intergovernmental organizations to assist in the
5353 implementation of its policies relative to Agenda 21, The 2030 Agenda for
5454 Sustainable Development, net zero goals for 2050, and its related plans and
5555 initiatives, the state and its political subdivisions shall not enter into an
5656 agreement, spend any sum of money, or provide financial aid to a
5757 nongovernmental and intergovernmental organization described in or promoted
5858 by such plans and initiatives.
5959 (2) This section also applies to international policymaking organizations
6060 that are not affiliated with the United Nations.
6161 (d) As part of a political subdivision's annual audit, the executive of the political
6262 subdivision or the governing body of the political subdivision shall present a written
6363 attestation to the comptroller of the treasury certifying that the political subdivision has
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6868 not sought or received a grant in intentional pursuit of a policy described under
6969 subsection (b).
7070 (e)
7171 (1) An individual who believes that the state or a political subdivision has
7272 violated subsection (b) or (c) may bring a private cause of action in a court of
7373 competent jurisdiction.
7474 (2) A court shall award court costs and fees, including reasonable
7575 attorneys' fees, to the prevailing party in an action brought pursuant to this
7676 subsection (e). In addition, the court may award the following remedies to a
7777 plaintiff who prevails in an action brought pursuant to this subsection (e):
7878 (A) Actual damages; and
7979 (B) Punitive damages.
8080 (3) If the court finds the state, a political subdivision, or an official is in
8181 violation of this section, then the court shall issue a writ of mandamus against the
8282 entity or official ordering the entity or official to comply with this section, enjoin
8383 the entity or official from further interference, and take other action to ensure
8484 compliance as is within the jurisdiction of the court.
8585 (4) The state, a political subdivision, or an official has not more than one
8686 hundred twenty (120) days from the date of the court's order to comply with the
8787 order. If, after one hundred twenty (120) days, the entity or official has not
8888 complied with the court's order, then the court may take whatever action the court
8989 finds necessary to enforce compliance.
9090 (5) Upon finding that a policy, contract, or agreement violates this
9191 section, the court shall declare that such policy, contract, or agreement meets the
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9696 standard as described under this section, and is therefore void and
9797 unenforceable.
9898 (f) An official or public servant violating this section commits the offense of
9999 official oppression, as provided in § 39-16-403. Failure to comply with a court order per
100100 subdivision (e)(3) within the timeframe specified in subdivision (e)(4) constitutes a
101101 separate violation of § 39-16-403. It is not a defense to criminal liability under this
102102 subsection (f) that no actual damage has yet to occur.
103103 (g) A contract, policy, or agreement in violation of this section is null, void, and
104104 unenforceable.
105105 (h) The attorney general may issue an official statement clarifying that a
106106 particular contract policy or agreement violates this section.
107107 SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it, and
108108 applies to contracts entered into, renewed, or amended on or after that date.