Courts

Plain English Breakdown

The official source does not specify the exact date of effectiveness, but states that the act takes effect upon becoming law and applies to actions filed on or after that date.

Clarifying Court Actions for Governmental Challenges

This bill clarifies that people can seek declaratory or injunctive relief in state courts regarding the legality or constitutionality of governmental actions, but cannot seek damages and does not affect existing immunities.

What This Bill Does

• Clarifies that a person can go to state court if they want to challenge whether a government action is legal or constitutional.
• States that people cannot ask for money (damages) in these cases.
• Ensures that the bill does not change any existing protections and immunities that the state, its entities, and officials have under federal or state laws.

Who It Names or Affects

• People who want to challenge governmental actions in court.
• State courts where these challenges can be brought.
• The state, its entities, and officials whose immunities are not affected by this bill.

Terms To Know

Cause of action

A legal right to bring a lawsuit based on certain facts or events.

Declaratory relief

A court order that declares the rights, duties, and obligations of parties involved in a dispute without ordering any specific actions.

Injunctive relief

An order from a court to stop or prevent someone from doing something illegal or harmful.

Limits and Unknowns

• The bill does not specify how existing immunities and privileges will be applied in practice.
• It is unclear what specific governmental actions this law covers.
• The exact date when the law becomes effective has not been determined yet.

Official Summary Text

Present law provides that a cause of action
exist
s
for any affected person who seeks declar
atory or injunctive relief in any action brought regarding the legality or constitutionality of a governmental action.
However, a
cause of action
does
not exist to seek damages.

This bill clarifies that the cause of action described above exists in stat
e court. Additionally, this bill clarifies that the above provisions do not waive or abrogate
the immunities and privileges available to this state, state entities, and state officials under existing federal or state law, or expand the justiciability doct
rines applicable to state courts.

Current Bill Text

SENATE BILL 383
By Taylor

HOUSE BILL 374
By Zachary

HB0374
002323
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 1,
Chapter 3 and Title 27, Chapter 1, relative to
causes of action.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 1-3-121, is amended by deleting the
section and substituting:
Notwithstanding another law to the contrary, a cause of action exists in state
court under this chapter for any affected person who seeks declaratory or injunctive
relief in any action brought in such state court regarding the legality or constitutionality of
a governmental action. A cause of action does not exist under this chapter to seek
damages. This section does not waive or abrogate the immunities and privileges
available to this state, state entities, and state officials under existing federal or state
law, or expand the justiciability doctrines applicable to state courts.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it,
and applies to actions filed on or after that date.