Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1235 Compare Versions

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

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2	2	<BillNo> <Sponsor>
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4	4	SENATE BILL 1235
5	5	By Rose
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7	7
8	8	SB1235
9	9	003239
10	10	- 1 -
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12	12	AN ACT to amend Tennessee Code Annotated, Title 4,
13	13	Chapter 21; Title 9; Title 62; Title 63 and Title 68,
14	14	relative to state entities.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Title 62, Chapter 76, Part 1, is amended by
18	18	adding the following new section:
19	19	62-76-108.
20	20	(a) As used in this section, "board" means the governing body of any state entity
21	21	created under this title.
22	22	(b) A person must not be excluded from membership on a board on the basis of
23	23	race, color, ethnicity, or national origin. A person must not be subjected to discrimination
24	24	on the basis of race, color, ethnicity, or national origin as a member of a board.
25	25	(c) A board shall not establish or operate under race-based policies pertaining to
26	26	the composition of such entities, including policies on affirmative action, racial
27	27	preferences, or racial quotas.
28	28	(d) A board shall not use a person's race, color, ethnicity, or national origin to
29	29	determine the person's participation as a member of the board. The use of aggregated
30	30	data concerning the race, color, ethnicity, or national origin of such persons to make
31	31	such decisions is prohibited.
32	32	(e) There is established a private cause of action against a board that violates
33	33	this section.
34	34	(f) There is established a private cause of action against any officer, employee,
35	35	or agent of a board for violating this section. However, if such officer, employee, or
36	36
37	37
38	38	- 2 - 003239
39	39
40	40	agent can establish by clear and convincing evidence that they acted at the direction of
41	41	the board, or any superior officer, employee, or agent thereof, then the cause of action
42	42	must lie against the board, the officer, the employee, the agent, or a combination of such
43	43	parties.
44	44	(g)
45	45	(1) A plaintiff may seek to recover the following damages for a cause of
46	46	action under this section:
47	47	(A) Actual or compensatory damages sustained by the plaintiff;
48	48	and
49	49	(B) Punitive damages, if the plaintiff demonstrates that the board
50	50	or other persons discriminated against the person intentionally or with
51	51	reckless indifference to the protected rights of the plaintiff.
52	52	(2) The plaintiff must prove such damages by a preponderance of the
53	53	evidence.
54	54	(h) In an award of damages resulting from an action brought by a plaintiff under
55	55	this section, the defendant is strictly liable to the plaintiff for a minimum of four thousand
56	56	dollars ($4,000) in statutory damages, independent of any actual or compensatory
57	57	damages sustained by the plaintiff as a result of a violation of this section.
58	58	(i) In an action brought under this section:
59	59	(1) The plaintiff may seek injunctive and declaratory relief; and
60	60	(2) The state waives sovereign immunity.
61	61	SECTION 2. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by
62	62	adding the following new section:
63	63	63-1-177.
64	64
65	65
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67	67
68	68	(a) As used in this section, "board" means the governing body of any state entity
69	69	created under this title.
70	70	(b) A person must not be excluded from membership on a board on the basis of
71	71	race, color, ethnicity, or national origin. A person must not be subjected to discrimination
72	72	on the basis of race, color, ethnicity, or national origin as a member of a board.
73	73	(c) A board shall not establish or operate under race-based policies pertaining to
74	74	the composition of such entities, including policies on affirmative action, racial
75	75	preferences, or racial quotas.
76	76	(d) A board shall not use a person's race, color, ethnicity, or national origin to
77	77	determine the person's participation as a member of the board. The use of aggregated
78	78	data concerning the race, color, ethnicity, or national origin of such persons to make
79	79	such decisions is prohibited.
80	80	(e) There is established a private cause of action against a board that violates
81	81	this section.
82	82	(f) There is established a private cause of action against any officer, employee,
83	83	or agent of a board for violating this section. However, if such officer, employee, or
84	84	agent can establish by clear and convincing evidence that they acted at the direction of
85	85	the board, or any superior officer, employee, or agent thereof, then the cause of action
86	86	shall lie against the board, the officer, the employee, the agent, or a combination of such
87	87	parties.
88	88	(g)
89	89	(1) A plaintiff may seek to recover the following damages for a cause of
90	90	action established under this section:
91	91	(A) Actual or compensatory damages sustained by the plaintiff;
92	92	and
93	93
94	94
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96	96
97	97	(B) Punitive damages if the plaintiff demonstrates that the board
98	98	or other persons discriminated against the person intentionally or with
99	99	reckless indifference to the protected rights of the plaintiff.
100	100	(2) The plaintiff must prove such damages by a preponderance of the
101	101	evidence.
102	102	(h) In an award of damages resulting from an action brought by a plaintiff under
103	103	this section, the defendant is strictly liable to the plaintiff for a minimum of four thousand
104	104	dollars ($4,000) in statutory damages, independent of any actual or compensatory
105	105	damages sustained by the plaintiff as a result of a violation of this section.
106	106	(i) In an action brought under this section:
107	107	(1) The plaintiff may seek injunctive and declaratory relief; and
108	108	(2) The state waives sovereign immunity.
109	109	SECTION 3. Tennessee Code Annotated, Section 63-3-103(b), is amended by deleting
110	110	the language "and that at least one (1) person serving on the board is a member of a racial
111	111	minority".
112	112	SECTION 4. Tennessee Code Annotated, Section 63-4-102(c), is amended by deleting
113	113	the language "and that at least one (1) person serving on the board is a member of a racial
114	114	minority".
115	115	SECTION 5. Tennessee Code Annotated, Section 63-5-103(d)(2), is amended by
116	116	deleting the language "and that at least one (1) person serving on the board is a member of a
117	117	racial minority".
118	118	SECTION 6. Tennessee Code Annotated, Section 63-6-102(c), is amended by deleting
119	119	the language ", one (1) person who is female and one (1) person who is an African-American".
120	120
121	121
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123	123
124	124	SECTION 7. Tennessee Code Annotated, Section 63-7-202(i), is amended by deleting
125	125	the language "and that at least one (1) person serving on the board is a member of a racial
126	126	minority".
127	127	SECTION 8. Tennessee Code Annotated, Section 63-9-101(a), is amended by deleting
128	128	the language "and that at least one (1) person serving on the board is a member of a racial
129	129	minority".
130	130	SECTION 9. Tennessee Code Annotated, Section 63-10-304(c), is amended by
131	131	deleting the language ", one (1) person serving on the board is a member of a racial minority,".
132	132	SECTION 10. Tennessee Code Annotated, Section 63-11-102(c)(2), is amended by
133	133	deleting the language "and that at least one (1) person serving on the board is a member of a
134	134	racial minority".
135	135	SECTION 11. Tennessee Code Annotated, Section 63-12-104(c), is amended by
136	136	deleting the language "and that at least one (1) person serving on the board is a member of a
137	137	racial minority".
138	138	SECTION 12. Tennessee Code Annotated, Section 63-13-216(k), is amended by
139	139	deleting the language ", that at least one (1) member is a racial minority".
140	140	SECTION 13. Tennessee Code Annotated, Section 63-13-318(k), is amended by
141	141	deleting the language ", that at least one (1) member is a racial minority,".
142	142	SECTION 14. Tennessee Code Annotated, Section 63-14-101(b)(3), is amended by
143	143	deleting the language "and that at least one (1) person serving on the board is a member of a
144	144	racial minority".
145	145	SECTION 15. Tennessee Code Annotated, Section 63-16-102(b)(2), is amended by
146	146	deleting the language "and that at least one (1) person serving on the board is a member of a
147	147	racial minority".
148	148
149	149
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151	151
152	152	SECTION 16. Tennessee Code Annotated, Section 63-17-104(b)(3), is amended by
153	153	deleting the language "and that at least one (1) person serving on the board is a member of a
154	154	racial minority".
155	155	SECTION 17. Tennessee Code Annotated, Section 63-17-202(b)(2), is amended by
156	156	deleting the language "and that at least one (1) person serving on the council is a member of a
157	157	racial minority".
158	158	SECTION 18. Tennessee Code Annotated, Section 63-19-103(b)(1), is amended by
159	159	deleting the language "and that at least one (1) person serving on the board is a member of a
160	160	racial minority".
161	161	SECTION 19. Tennessee Code Annotated, Section 63-22-101(c)(5), is amended by
162	162	deleting the language "and that at least one (1) person serving on the board is a member of a
163	163	racial minority".
164	164	SECTION 20. Tennessee Code Annotated, Section 63-23-101(b)(6), is amended by
165	165	deleting the language "and that at least one (1) person serving on the board is a member of a
166	166	racial minority".
167	167	SECTION 21. Tennessee Code Annotated, Section 63-24-102(b)(3), is amended by
168	168	deleting the language "In making appointments to the board, the governor shall strive to ensure
169	169	that at least one (1) person serving on the board is a member of a racial minority.".
170	170	SECTION 22. Tennessee Code Annotated, Section 63-25-106(b), is amended by
171	171	deleting the language "and that at least one (1) person serving on the board is a member of a
172	172	racial minority".
173	173	SECTION 23. Tennessee Code Annotated, Section 63-27-103(f), is amended by
174	174	deleting the language ", that at least one (1) member is a member of a racial minority,".
175	175
176	176
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178	178
179	179	SECTION 24. Tennessee Code Annotated, Section 63-28-112(b), is amended by
180	180	deleting the language "and that at least one (1) person serving on the committee is a member of
181	181	a racial minority".
182	182	SECTION 25. Tennessee Code Annotated, Section 63-31-103(e), is amended by
183	183	deleting the language "and that at least one (1) person serving on the committee is a member of
184	184	a racial minority".
185	185	SECTION 26. Tennessee Code Annotated, Section 68-24-601(b)(6), is amended by
186	186	deleting the language "and that at least one (1) person serving on the board is a member of a
187	187	racial minority".
188	188	SECTION 27. Tennessee Code Annotated, Section 68-29-109(j), is amended by
189	189	deleting the language "and that at least one (1) person appointed to serve on the board is a
190	190	member of a racial minority".
191	191	SECTION 28. Tennessee Code Annotated, Section 68-140-303(e)(1), is amended by
192	192	deleting the language ", that at least one (1) person serving on the board is a member of a racial
193	193	minority,".
194	194	SECTION 29. This act takes effect upon becoming a law, the public welfare requiring it.