Back to Tennessee

HB0562 • 2026

State Government

AN ACT to amend Tennessee Code Annotated, Title 58, Chapter 2, relative to emergency powers.

Active

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

Sponsor
Fritts, Bowling
Last action
2026-04-09
Official status
H. Placed on Regular Calendar for 4/23/2026
Effective date
Not listed

Plain English Breakdown

The bill summary does not provide specific details on the consequences of violations beyond lawsuits and legal fees.

Emergency Powers Act

This bill amends Tennessee's emergency powers law by limiting governors, county mayors, and city mayors from prohibiting lawful occupations during emergencies.

What This Bill Does

  • Limits the governor, county mayors, and city mayors from categorizing or proclaiming a lawful occupation as non-essential or prohibited through executive order, proclamation, or rule during an emergency.
  • Allows these officials to still prohibit someone from working if they break state or federal laws.
  • Lets anyone who is hurt by a violation of this law sue for damages or ask the court to declare that the action was wrong.
  • Requires courts to give legal costs and fees, including lawyer's fees, to people who win in these lawsuits.

Who It Names or Affects

  • Governors
  • County mayors
  • City mayors

Terms To Know

lawful occupation
A job or business that is allowed by law in Tennessee.

Limits and Unknowns

  • The bill does not specify what happens if someone other than a governor, county mayor, or city mayor violates the rules.
  • It's unclear how this will affect local businesses and workers during emergencies.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB0562

Plain English: The amendment adds new rules about what public officials can do during emergencies regarding lawful occupations.

  • Defines 'lawful occupation' as any legal job or business not specifically outlawed by the state.
  • States that a public official cannot stop someone from doing their lawful occupation, even if they call it non-essential.
  • Allows people to sue public officials who violate these rules and get damages, court costs, and attorney fees.
  • The amendment does not explain what happens if the person violates state or federal laws while doing their lawful occupation.
Amendment 2-0 to HB0562

Plain English: The amendment adds new rules about what local government leaders can do during emergencies regarding businesses.

  • Defines 'lawful occupation' as any legal job or business activity not specifically banned by state law.
  • Says public officials cannot declare a lawful occupation non-essential and restrict it during an emergency unless the person has broken state laws.
  • Allows people to sue local government leaders if they break these new rules, with possible penalties including removal from office for five years.
  • The amendment does not explain what happens when a public official who is the head of the state breaks the rule.
Amendment 1-0 to SB1048

Plain English: The amendment adds new rules about what state and local officials can do during emergencies regarding businesses.

  • Defines 'lawful occupation' as any legal job or business, excluding those specifically banned by law.
  • Prohibits public officials from declaring a lawful occupation non-essential and closing it down during an emergency unless the person has broken state laws.
  • Allows for ouster proceedings against local government leaders who violate these rules, making them ineligible to run for office for five years.
  • Enables individuals harmed by violations of this rule to sue the executive head of Tennessee for damages and legal fees.
  • The amendment text does not specify what happens if a lawful occupation is temporarily closed due to state law violations, leaving some uncertainty.
Amendment 2-0 to SB1048

Plain English: This amendment adds new rules about what local government leaders can do during emergencies regarding businesses.

  • Defines 'lawful occupation' as any legal job or business activity not specifically banned by state law.
  • Says public officials cannot stop people from doing their lawful occupations, even if they call them non-essential, unless someone breaks the law.
  • Allows for ouster proceedings against local government leaders who violate this rule and bans them from running for the same position for five years.
  • Enables individuals harmed by a violation to sue the state executive head for damages and legal fees.
  • The amendment text does not specify what happens if a lawful occupation is temporarily or permanently prohibited due to a law violation.

Bill History

  1. 2026-04-09 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/23/2026

  2. 2026-04-09 Tennessee General Assembly

    Reset on cal. for 4/23/2026

  3. 2026-03-26 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/9/2026

  4. 2026-03-26 Tennessee General Assembly

    Reset on cal. for 4/9/2026

  5. 2026-03-26 Tennessee General Assembly

    Sponsor(s) withdrawn.

  6. 2026-03-25 Tennessee General Assembly

    Failed in Senate State and Local Government Committee

  7. 2026-03-25 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/25/2026

  8. 2026-03-24 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/25/2026

  9. 2026-03-24 Tennessee General Assembly

    Action deferred in Senate State and Local Government Committee to 3/25/2026

  10. 2026-03-19 Tennessee General Assembly

    H. Placed on Regular Calendar for 3/26/2026

  11. 2026-03-18 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 3/19/2026

  12. 2026-03-18 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/24/2026

  13. 2026-03-16 Tennessee General Assembly

    Re-refer to Senate State & Local Gov't Committee

  14. 2026-03-13 Tennessee General Assembly

    Placed on Senate Regular Calendar for 3/16/2026

  15. 2026-03-11 Tennessee General Assembly

    Rec. for pass. if am., ref. to Calendar & Rules Committee

  16. 2026-03-04 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/11/2026

  17. 2026-03-04 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/11/2026

  18. 2026-02-25 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/4/2026

  19. 2025-04-17 Tennessee General Assembly

    Re-refer to S. Cal Comm

  20. 2025-04-15 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/17/2025

  21. 2025-04-14 Tennessee General Assembly

    Senate Reset on calendar for 4/17/2025

  22. 2025-04-11 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/14/2025

  23. 2025-04-10 Tennessee General Assembly

    Sponsor(s) Added.

  24. 2025-04-10 Tennessee General Assembly

    Re-ref. Judiciary Committee

  25. 2025-04-10 Tennessee General Assembly

    H. adopted am. (Amendment 1 - HA0320)

  26. 2025-04-07 Tennessee General Assembly

    H. Placed on Regular Calendar 4/10/2025

  27. 2025-04-07 Tennessee General Assembly

    Sponsor(s) Added.

  28. 2025-04-07 Tennessee General Assembly

    Objected to on Consent Calendar.

  29. 2025-04-03 Tennessee General Assembly

    H. Placed on Consent Calendar for 4/7/2025

  30. 2025-04-02 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/3/2025

  31. 2025-04-02 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  32. 2025-04-02 Tennessee General Assembly

    Sponsor(s) Added.

  33. 2025-04-01 Tennessee General Assembly

    Recommended for passage, refer to Senate Calendar Committee

  34. 2025-03-31 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 4/1/2025

  35. 2025-03-31 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 4/1/2025

  36. 2025-03-26 Tennessee General Assembly

    Placed on cal. State & Local Government Committee for 4/2/2025

  37. 2025-03-26 Tennessee General Assembly

    Action def. in State & Local Government Committee to 4/2/2025

  38. 2025-03-26 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/31/2025

  39. 2025-03-20 Tennessee General Assembly

    Sponsor(s) Added.

  40. 2025-03-19 Tennessee General Assembly

    Placed on cal. State & Local Government Committee for 3/26/2025

  41. 2025-03-19 Tennessee General Assembly

    Rec. for pass by s/c ref. to State & Local Government Committee

  42. 2025-03-18 Tennessee General Assembly

    Sponsor(s) Added.

  43. 2025-03-12 Tennessee General Assembly

    Placed on s/c cal Public Service Subcommittee for 3/19/2025

  44. 2025-03-04 Tennessee General Assembly

    Sponsor(s) Added.

  45. 2025-02-27 Tennessee General Assembly

    Sponsor(s) Added.

  46. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  47. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  48. 2025-02-05 Tennessee General Assembly

    Assigned to s/c Public Service Subcommittee

  49. 2025-02-05 Tennessee General Assembly

    P2C, ref. to State & Local Government Committee

  50. 2025-02-05 Tennessee General Assembly

    Filed for introduction

  51. 2025-02-03 Tennessee General Assembly

    Intro., P1C.

  52. 2025-01-29 Tennessee General Assembly

    Filed for introduction

Official Summary Text

ON APRIL 10, 2025, THE HOUSE ADOPTED AMEN
DMENT #1 AND REFERRED HOUSE BILL 562, AS AMENDED, TO THE JUDICIARY COMMITTEE.

AMENDMENT #1 revises this bill's prohibition against prohibiting operation of or engagement in a lawful occupation by limiting application of the prohibition to the governor, o
r a county or municipal mayor, and specifying that the prohibited actions

for effectuating such

purposes are
executive order, proclamation, or rule.

Current Bill Text

Read the full stored bill text
SENATE BILL 1048
By Bowling

HOUSE BILL 562
By Fritts

HB0562
002486
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 58,
Chapter 2, relative to emergency powers.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 58-2-302, is amended by designating
the existing language as subsection (a) and adding the following as a new subsection (b):
(b)
(1) As used in this subsection (b), "lawful occupation" means a lawful
vocation, trade, business, profession, field of specialization, or other means of
livelihood that is not specifically deemed to be unlawful under the law of this
state.
(2) During the existence of a state of emergency declared pursuant to
this chapter, or at any other time, a political subdivision or a public official shall
not prohibit the operation of or engagement in a lawful occupation by
categorizing a lawful occupation as non-essential in an order, rule, or regulation.
(3) This subsection (b) does not apply where a person engaged in a
lawful occupation is prohibited from operating or engaging in the lawful
occupation, either temporarily or permanently, as a result of a violation of state or
federal law.
(4) A person harmed by a violation of this subsection (b) may bring a civil
action for actual damages or declaratory relief against the political subdivision or
public official who violated this subsection (b). A violation committed by a public
official subjects the public official to personal liability in an action brought

- 2 - 002486

pursuant to this subdivision (b)(4). A court shall award litigation costs and fees,
including reasonable attorneys' fees, to a person who prevails in an action
brought pursuant to this subdivision (b)(4).
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to prohibited conduct occurring on or after that date.