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Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

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HB0376 • 2026

Boards and Commissions

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 21; Title 9; Title 62 and Title 63, relative to state entities.

Labor
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Zachary
Last action
2025-02-03
Official status
Withdrawn.
Effective date
Not listed

Plain English Breakdown

The bill text does not provide specific details on the consequences of violating the prohibitions beyond establishing private causes of action and damages. The exact penalties or enforcement mechanisms are not detailed.

Prohibits Discrimination in State Boards

This bill stops state boards from excluding people or using race-based policies when choosing members and allows individuals to sue if these rules are broken.

What This Bill Does

  • Stops state boards from not letting someone join because of their race, color, ethnicity, or national origin.
  • Doesn't allow state boards to use race-related information when deciding who can be a member.
  • Prevents state boards from having policies that are based on race for choosing members.
  • Gives individuals the right to sue if a board breaks these rules and allows them to get money as compensation or punishment.
  • Makes sure the state won't protect itself from being sued over this issue.

Who It Names or Affects

  • State boards that choose their members based on qualifications.
  • People who want to join state boards but might be excluded because of race, color, ethnicity, or national origin.
  • Officers, employees, and agents of the state boards.

Terms To Know

private cause of action
The right for an individual to sue someone who breaks a law that affects them personally.
sovereign immunity
A rule that usually stops people from suing the government, but this bill says it doesn't apply here.

Limits and Unknowns

  • The bill does not specify what happens if someone breaks these rules and is sued.
  • It's unclear how much money a person can get as compensation or punishment for breaking these rules.
  • This bill was withdrawn, so it might not become law.

Bill History

  1. Date Tennessee General Assembly

  2. 2025-02-03 Tennessee General Assembly

    Withdrawn.

  3. 2025-02-03 Tennessee General Assembly

    Intro., P1C.

  4. 2025-01-27 Tennessee General Assembly

    Filed for introduction

Official Summary Text

With regard to state licensing boards, including health-related boards, th
is bill prohibits the following:



A person from being
excluded from membership on
the
board on the basis of race, color, ethnicity, or national origin.



A
person
from being
subjected to discrimination on the basis of race, color, ethnicity, or national origin as a member of
the
board.



The
board
from
establish
ing
or operat
ing
under race-based policies pertaining to the composition of such entities, including policies on affirmative action, racial preferences, or racial quotas.



The
board
from
us
ing
a person's race, color, ethnicity, or national origin to determine the person's participation as a member of the board
, and

t
he use of aggregated data concerning the race, color, ethnicity, or national origin of such persons to make such decisions.

CAUSE OF ACTIO
N

This bill
establishe
s
a private cause of action
(i)
against a board that violates
the prohibitions above and (ii)
against any officer, employee, or agent of
the
board for violating
those prohibitions
. However if such officer, employee, or agent can es
tablish by clear and convincing evidence that they acted at the direction of the board, or any superior officer, employee, or agent of
the board
, then the cause of action must lie against the board, the officer, the employee, the agent, or a combination of
such parties.

REMEDIES

This bill authorizes a
plaintiff
to
seek to recover
(i) a
ctual or compensatory damages sustained by the plaintiff; and
(ii) p
unitive damages, if the plaintiff demonstrates that the board or other parties discriminated against the
person intentionally or with reckless indifference to the protected rights of the plaintiff.
The
plaintiff must prove damages by a preponderance of the evidence.
Additionally, the plaintiff

may seek injunctive and declaratory relief
,
and
t
he state waive
s sovereign immunity.

In an award of damages resulting from an action brought by a plaintiff,
this bill provides that
the defendant is strictly liable to the plaintiff for a minimum of $4,000 in statutory damages, independent of any actual or compensator
y damages sustained by the plaintiff as a result of a violation of this
bill
.

Current Bill Text

Read the full stored bill text 
<BillNo> <Sponsor>

HOUSE BILL 376
By Zachary

HB0376
001910
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 21; Title 9; Title 62 and Title 63, relative to
state entities.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 62, Chapter 76, Part 1, is amended by
adding the following new section:
62-76-108.
(a) As used in this section, "board" means the governing body of any state entity
created under this title.
(b) A person must not be excluded from membership on a board on the basis of
race, color, ethnicity, or national origin. A person must not be subjected to discrimination
on the basis of race, color, ethnicity, or national origin as a member of a board.
(c) A board shall not establish or operate under race-based policies pertaining to
the composition of such entities, including policies on affirmative action, racial
preferences, or racial quotas.
(d) A board shall not use a person's race, color, ethnicity, or national origin to
determine the person's participation as a member of the board. The use of aggregated
data concerning the race, color, ethnicity, or national origin of such persons to make
such decisions is prohibited.
(e) There is established a private cause of action against a board that violates
subsections this section.
(f) There is established a private cause of action against any officer, employee,
or agent of a board for violating this section. However if such officer, employee, or agent

- 2 - 001910

can establish by clear and convincing evidence that they acted at the direction of the
board, or any superior officer, employee, or agent thereof, then the cause of action must
lie against the board, the officer, the employee, the agent, or a combination of such
parties.
(g)
(1) A plaintiff may seek to recover the following damages for a violation
of this section:
(A) Actual or compensatory damages sustained by the plaintiff;
and
(B) Punitive damages, if the plaintiff demonstrates that the board
or other parties discriminated against the person intentionally or with
reckless indifference to the protected rights of the plaintiff.
(2) The plaintiff must prove damages by a preponderance of the
evidence.
(h) In an award of damages resulting from an action brought by a plaintiff under
this section, the defendant is strictly liable to the plaintiff for a minimum of four thousand
dollars ($4,000) in statutory damages, independent of any actual or compensatory
damages sustained by the plaintiff as a result of a violation of this section.
(i) In an action brought under this section:
(1) The plaintiff may seek injunctive and declaratory relief; and
(2) The state waives sovereign immunity.
SECTION 2. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by
adding the following new section:
63-1-177.

- 3 - 001910

(a) As used in this section, "board" means the governing body of any state entity
created under this title.
(b) A person must not be excluded from membership on a board on the basis of
race, color, ethnicity, or national origin. A person must not be subjected to discrimination
on the basis of race, color, ethnicity, or national origin as a member of a board.
(c) A board shall not establish or operate under race-based policies pertaining to
the composition of such entities, including policies on affirmative action, racial
preferences, or racial quotas.
(d) A board shall not use a person's race, color, ethnicity, or national origin to
determine the person's participation as a member of the board. The use of aggregated
data concerning the race, color, ethnicity, or national origin of such persons to make
such decisions is prohibited.
(e) There is established a private cause of action against a board that violates
this section.
(f) There is established a private cause of action against any officer, employee,
or agent of a board for violating this section. However if such officer, employee, or agent
can establish by clear and convincing evidence that they acted at the direction of the
board, or any superior officer, employee, or agent thereof, then the cause of action shall
lie against the board, the officer, the employee, the agent, or a combination of such
parties.
(g)
(1) A plaintiff may seek to recover the following damages for a cause of
action established under this section:
(A) Actual or compensatory damages sustained by the plaintiff;
and

- 4 - 001910

(B) Punitive damages if the plaintiff demonstrates that the board
or other persons discriminated against the person intentionally or with
reckless indifference to the protected rights of the plaintiff.
(2) The plaintiff must prove such damages by a preponderance of the
evidence.
(h) In an award of damages resulting from an action brought by a plaintiff under
this section, the defendant is strictly liable to the plaintiff for a minimum of four thousand
dollars ($4,000) in statutory damages, independent of any actual or compensatory
damages sustained by the plaintiff as a result of a violation of this section.
(i) In an action brought under this section:
(1) The plaintiff may seek injunctive and declaratory relief; and
(2) The state waives sovereign immunity.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.