Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0266 Compare Versions

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

Old	New	Differences
1	1
2	2	HOUSE BILL 304
3	3	By Bulso
4	4
5	5	SENATE BILL 266
6	6	By Hensley
7	7
8	8
9	9	SB0266
10	10	001324
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 4;
14	14	Section 5-5-114; Section 6-54-144; Title 7; Section
15	15	15-2-116; Title 49; Title 55; Title 58 and Title 65,
16	16	Chapter 31, Part 1, relative to the display of flags.
17	17
18	18	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
19	19	SECTION 1. Tennessee Code Annotated, Title 4, Chapter 1, Part 4, is amended by
20	20	adding the following as a new section:
21	21	(a) As used in this section, "display":
22	22	(1) Means to exhibit or place anywhere a passerby may see the object;
23	23	and
24	24	(2) Includes, but is not limited to, painting, projecting, or otherwise
25	25	causing to come into existence the image of a flag on a public courthouse,
26	26	roadway, or sidewalk.
27	27	(b) Except as required by §§ 55-9-103 and 55-9-104, a governmental entity, or
28	28	agency thereof, shall not display, or permit the display of, any flag, including, but not
29	29	limited to, an image or stylized version of a political flag, other than the flag of the United
30	30	States or the official flag of the state of Tennessee on a public courthouse, roadway, or
31	31	sidewalk that is under the jurisdiction of the governmental entity, or agency thereof.
32	32	(c) Any citizen of this state has standing to file a civil action against a
33	33	governmental entity, or agency thereof, to enforce this part. The judge presiding over an
34	34	action brought pursuant to this subsection (c) shall award a citizen-plaintiff who prevails
35	35	in the action the costs that the citizen reasonably incurred to bring the action, including
36	36	reasonable attorneys' fees and expenses.
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38	38
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40	40
41	41	SECTION 2. Tennessee Code Annotated, Title 7, Chapter 51, is amended by adding
42	42	the following as a new part:
43	43	7-51-2601.
44	44	As used in this part:
45	45	(1) "Display":
46	46	(A) Means to exhibit or place anywhere a passerby may see the
47	47	object; and
48	48	(B) Includes, but is not limited to, painting, projecting, or
49	49	otherwise causing to come into existence the image of a flag on a public
50	50	courthouse, roadway, or sidewalk; and
51	51	(2) "Local government" means a municipality or county, or an agency or
52	52	unit of the municipality or county.
53	53	7-51-2602.
54	54	(a) Except as required by §§ 55-9-103 and 55-9-104, a local government shall
55	55	not display, or permit the display of, any flag, including, but not limited to, an image or
56	56	stylized version of a political flag, other than the flag of the United States or the official
57	57	flag of the state of Tennessee on a public courthouse, roadway, or sidewalk that is under
58	58	the local government's jurisdiction.
59	59	(b) Any citizen of this state has standing to file a civil action against a local
60	60	government to enforce this part. The judge presiding over an action brought pursuant to
61	61	this subsection (b) shall award a citizen-plaintiff who prevails in the action the costs that
62	62	the citizen reasonably incurred to bring the action, including reasonable attorneys' fees
63	63	and expenses.
64	64	SECTION 3. Tennessee Code Annotated, Section 49-1-201(c)(16), is amended by
65	65	adding "in accordance with § 49-6-2005" after "public school buildings".
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67	67
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69	69
70	70	SECTION 4. Tennessee Code Annotated, Section 49-6-2005, is amended by adding
71	71	the following as a new subsection:
72	72	(c)
73	73	(1) An LEA or public charter school shall not display, nor permit any of its
74	74	employees or agents to display, a flag other than the following on or in a public
75	75	school:
76	76	(A) The United States flag;
77	77	(B) The official Tennessee state flag;
78	78	(C) A flag that cannot be disturbed or altered pursuant to § 4-1-
79	79	412;
80	80	(D) The POW/MIA flag;
81	81	(E) A flag that represents an Indian tribe, as defined in 25 U.S.C.
82	82	§ 5304;
83	83	(F) A flag that represents a city, county, metropolitan government,
84	84	or other political subdivision of this state;
85	85	(G) A flag that represents any unit, branch, or other division of the
86	86	armed forces, including, but not limited to, an ROTC program;
87	87	(H) The current, official flag of a country or political subdivision
88	88	thereof;
89	89	(I) A flag that represents a college or university;
90	90	(J) A flag that is displayed temporarily as part of a bona fide
91	91	course curriculum;
92	92	(K) An official school flag; or
93	93	(L) The flag of an organization duly authorized to use a public
94	94	school building; provided, that the flag of an organization duly authorized
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99	99	to use a public school building may only be displayed at the time and
100	100	place that the organization is authorized to use school property.
101	101	(2) This subsection (c) applies, and must be construed by any court to
102	102	apply, only to the extent permitted by the Constitution of Tennessee, Article I, §
103	103	19, and the First Amendment to the United States Constitution. If any provision
104	104	in this subsection (c) is held to violate the Constitution of Tennessee, Article I, §
105	105	19, or the First Amendment to the United States Constitution, then the other
106	106	provisions of this subsection (c) are severable and are not affected by such
107	107	determination.
108	108	(3) A parent or guardian of a student who is enrolled in and attends, or of
109	109	a child who is eligible to enroll in and attend, a school operated by an LEA or
110	110	public charter school has standing to file a civil action against the LEA or public
111	111	charter school in a chancery court to enforce this subsection (c); provided, that,
112	112	prior to filing an action pursuant to this subdivision (c)(3), the parent or guardian
113	113	must first provide written notice of the alleged violation of subsection (c) to the
114	114	LEA or public charter school and allow the LEA or public charter school ten (10)
115	115	days to remedy a violation.
116	116	(4) For purposes of this subsection (c), "display" means to exhibit or
117	117	place anywhere students may see the object.
118	118	SECTION 5. Tennessee Code Annotated, Section 58-4-302(b)(1), is amended by
119	119	deleting the subdivision and substituting instead:
120	120	(1) A building that serves as the main administrative building of the county;
121	121	provided, that the building is not a courthouse. If the building that serves as the main
122	122	administrative building of the county is a courthouse, the POW/MIA flag may be
123	123	displayed at another building where county government offices are located;
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128	128	SECTION 6. This act takes effect upon becoming a law, the public welfare requiring it.