HB1237 • 2026

Boards and Commissions

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 21; Title 9; Title 62; Title 63 and Title 68, relative to state entities.

Labor

Active

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

Sponsor: Zachary, Rose
Last action: 2025-04-28
Official status: Effective date(s) 04/24/2025
Effective date: Not listed

Plain English Breakdown

The official source does not specify if there are penalties for boards continuing to use race-based policies.

Tennessee Act to Prohibit Race-Based Policies for State Boards

This act prohibits state boards and commissions from using race-based policies in their membership decisions, including the use of aggregated data about race.

What This Bill Does

Prohibits state licensing boards from excluding people from board membership based on their race, color, ethnicity, or national origin.
Prevents the use of aggregated data about race to make decisions regarding board membership.
Removes existing requirements for certain boards and commissions to include members of specific racial backgrounds.
Establishes a private cause of action allowing individuals to sue if they are discriminated against based on race by a board or its officers, employees, or agents.

Who It Names or Affects

State licensing boards and commissions
Individuals seeking membership on state boards

Terms To Know

race-based policies: Policies that consider race as a factor in decision-making processes.
private cause of action: The right to sue someone for violating specific laws or regulations.

Limits and Unknowns

Does not specify the consequences for boards and commissions that continue to use race-based policies.
Does not address other forms of discrimination beyond race, color, ethnicity, or national origin.
The effectiveness of the act in eliminating racial disparities on state boards remains uncertain.

Amendments

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

HA0053

Amendment 1-0 to HB1237

Plain English: This amendment removes requirements for state boards and commissions to include members of racial minorities.

Removes the requirement that at least one member of a board or commission must be from a racial minority in several sections of Tennessee law.
Changes Section 63-6-102(c) by removing the requirement for an African-American member and keeping only the requirement for a female member.

The amendment does not specify what will replace these requirements or how diversity on boards and commissions will be ensured without them.

SA0137

Amendment 1-0 to SB1235

Plain English: This amendment removes requirements for state boards and commissions to include members of racial minorities.

Removes the requirement that at least one member of a board or commission must be from a racial minority in several sections of Tennessee Code Annotated.

The exact impact on current board compositions is not specified and would depend on existing appointments.
Some sections are deleted entirely, but the full context of these deletions is not provided in the amendment text.

Bill History

2025-04-28 Tennessee General Assembly
Effective date(s) 04/24/2025
2025-04-28 Tennessee General Assembly
Pub. Ch. 294
2025-04-28 Tennessee General Assembly
Comp. became Pub. Ch. 294
2025-04-24 Tennessee General Assembly
Signed by Governor.
2025-04-16 Tennessee General Assembly
Transmitted to Governor for his action.
2025-04-14 Tennessee General Assembly
Signed by Senate Speaker
2025-04-10 Tennessee General Assembly
Signed by H. Speaker
2025-04-08 Tennessee General Assembly
Enrolled; ready for sig. of H. Speaker.
2025-04-07 Tennessee General Assembly
H. concurred in S. am. no. 1 Ayes 73, Nays 22 PNV 0 HB1237
2025-04-03 Tennessee General Assembly
H. Placed on Message Calendar 4/7/2025
2025-03-31 Tennessee General Assembly
Passed Senate as amended, Ayes 24, Nays 6
2025-03-31 Tennessee General Assembly
Senate adopted Amendment (Amendment 1 - SA0137)
2025-03-31 Tennessee General Assembly
Senate substituted House Bill for companion Senate Bill.
2025-03-31 Tennessee General Assembly
Sponsor(s) Added.
2025-03-31 Tennessee General Assembly
Companion House Bill substituted
2025-03-28 Tennessee General Assembly
Placed on Senate Regular Calendar for 3/31/2025
2025-03-17 Tennessee General Assembly
Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 2 PNV 0
2025-03-13 Tennessee General Assembly
Received from House, Passed on First Consideration
2025-03-12 Tennessee General Assembly
Placed on Senate Judiciary Committee calendar for 3/18/2025
2025-03-11 Tennessee General Assembly
Engrossed; ready for transmission to Sen.
2025-03-11 Tennessee General Assembly
Action deferred in Senate Judiciary Committee to 3/18/2025
2025-03-10 Tennessee General Assembly
Passed H., as am., Ayes 71, Nays 23, PNV 0
2025-03-10 Tennessee General Assembly
Sponsor(s) Added.
2025-03-10 Tennessee General Assembly
H. adopted am. (Amendment 1 - HA0053)
2025-03-06 Tennessee General Assembly
H. Placed on Regular Calendar for 3/10/2025
2025-03-05 Tennessee General Assembly
Placed on cal. Calendar & Rules Committee for 3/6/2025
2025-03-05 Tennessee General Assembly
Rec. for pass. if am., ref. to Calendar & Rules Committee
2025-03-05 Tennessee General Assembly
Placed on Senate Judiciary Committee calendar for 3/11/2025
2025-02-26 Tennessee General Assembly
Placed on cal. State & Local Government Committee for 3/5/2025
2025-02-25 Tennessee General Assembly
Rec. for pass by s/c ref. to State & Local Government Committee
2025-02-19 Tennessee General Assembly
Placed on s/c cal Departments & Agencies Subcommittee for 2/25/2025
2025-02-12 Tennessee General Assembly
Assigned to s/c Departments & Agencies Subcommittee
2025-02-12 Tennessee General Assembly
P2C, ref. to State & Local Government Committee
2025-02-12 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Judiciary Committee
2025-02-10 Tennessee General Assembly
Intro., P1C.
2025-02-10 Tennessee General Assembly
Introduced, Passed on First Consideration
2025-02-06 Tennessee General Assembly
Filed for introduction
2025-02-06 Tennessee General Assembly
Filed for introduction

Official Summary Text

With regard to state licensing boards, including health-related boards, this 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 establishing or operating under race-based policies pertaining to the composition of such entities, including policies on affirmative action, racial preferences, or racial quotas.



The board from using a person's race, color, ethnicity, or national origin to determine the person's participation as a member of the board, and the use of aggregated data concerning the race, color, ethnicity, or national origin of such persons to make such decisions.

This bill removes language in present law relative to different boards that required a specific number of me
mbers to be of a particular sex or race.

CAUSE OF ACTION

This bill establishes 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 prohibiti
ons. 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 of the board, then the cause of action must lie against the board,
t
he officer, the employee, the agent, or a combination of such parties.

REMEDIES

This bill authorizes a plaintiff to seek to recover (i) actual or compensatory damages sustained by the plaintiff; and (ii) punitive damages, if the plaintiff demonstrates t
hat the board or other persons discriminated against the person intentionally or with reckless indifference to the protected rights of the plaintiff. The plaintiff must prove such damages by a preponderance of the evidence. Additionally, the plaintiff m
a
y seek injunctive and declaratory relief, and the state waives 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 compensatory damages sustained by the plaintiff as a result of a violation of this bill.

ON MARCH 10, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1237, AS AMENDED.

AMENDMENT #1 makes the
following revisions:



Removes the requirement for the governor to strive to ensure that at least one person serving on the following boards is a member of a racial minority: (i) the state board of accountancy, (ii) the board of cosmetology and barber examiners, (iii) the board of funeral directors and embalmers, (iv) the state board for licensing contractors, (v) the Tennessee real estate commission, (vi) the state board of examiners for land surveyors, (vii) the Tennessee auctioneer commission, (viii) the Tennessee collection service board, and (ix) the elevator and amusement device safety board.



Removes the requirement that the state board of examiners for architects and engineers include, where possible, at least one member of a racial minority.



Removes the requirement that the commissioner of commerce and insurance, or the commissioner's designee, strive to achieve a diverse membership that represents the citizenry of Tennessee on the detection services advisory committee.



Removes the requirement for the governor to strive to ensure that at least two persons serving on the real estate appraiser commission are members of a racial minority.



Restores the current requirement in present law that, in making appointments to the board of medical examiners, the governor must, to the extent feasible, strive to ensure the full 12-member board is composed of at least one person who is female.

ON MARCH 31, 2025, THE SENATE SUBSTITUTED HOUSE BILL 1237 FOR SENATE BILL 1235, ADOPTED AMENDMENT #1, AND PASSED HOUSE BI
LL 1237, AS AMENDED.

AMENDMENT #1 makes the following revisions:



Removes the present law provision requiring, in making appointments to the
elevator and amusement device safety board
, the governor
to ensure that at least one person serving on the board is 60 or older.



Removes the present law provision requiring, in making appointments to the board of boiler rules, the governor to
strive to ensure that at least one person serving on the board is 60 or older and that at least one person serving on the board is a member of a racial minority.



Removes the private cause of action created by the bill
against any officer, employee, or agent of a board for violating
the bill
.

Current Bill Text

Read the full stored bill text

SENATE BILL 1235
By Rose

HOUSE BILL 1237
By Zachary

HB1237
003239
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 21; Title 9; Title 62; Title 63 and Title 68,
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
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

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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
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 cause of
action under this section:
(A) Actual or compensatory damages sustained by the plaintiff;
and
(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 2. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by
adding the following new section:
63-1-177.

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(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

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(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. Tennessee Code Annotated, Section 63-3-103(b), is amended by deleting
the language "and that at least one (1) person serving on the board is a member of a racial
minority".
SECTION 4. Tennessee Code Annotated, Section 63-4-102(c), is amended by deleting
the language "and that at least one (1) person serving on the board is a member of a racial
minority".
SECTION 5. Tennessee Code Annotated, Section 63-5-103(d)(2), is amended by
deleting the language "and that at least one (1) person serving on the board is a member of a
racial minority".
SECTION 6. Tennessee Code Annotated, Section 63-6-102(c), is amended by deleting
the language ", one (1) person who is female and one (1) person who is an African-American".

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SECTION 7. Tennessee Code Annotated, Section 63-7-202(i), is amended by deleting
the language "and that at least one (1) person serving on the board is a member of a racial
minority".
SECTION 8. Tennessee Code Annotated, Section 63-9-101(a), is amended by deleting
the language "and that at least one (1) person serving on the board is a member of a racial
minority".
SECTION 9. Tennessee Code Annotated, Section 63-10-304(c), is amended by
deleting the language ", one (1) person serving on the board is a member of a racial minority,".
SECTION 10. Tennessee Code Annotated, Section 63-11-102(c)(2), is amended by
deleting the language "and that at least one (1) person serving on the board is a member of a
racial minority".
SECTION 11. Tennessee Code Annotated, Section 63-12-104(c), is amended by
deleting the language "and that at least one (1) person serving on the board is a member of a
racial minority".
SECTION 12. Tennessee Code Annotated, Section 63-13-216(k), is amended by
deleting the language ", that at least one (1) member is a racial minority".
SECTION 13. Tennessee Code Annotated, Section 63-13-318(k), is amended by
deleting the language ", that at least one (1) member is a racial minority,".
SECTION 14. Tennessee Code Annotated, Section 63-14-101(b)(3), is amended by
deleting the language "and that at least one (1) person serving on the board is a member of a
racial minority".
SECTION 15. Tennessee Code Annotated, Section 63-16-102(b)(2), is amended by
deleting the language "and that at least one (1) person serving on the board is a member of a
racial minority".

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SECTION 16. Tennessee Code Annotated, Section 63-17-104(b)(3), is amended by
deleting the language "and that at least one (1) person serving on the board is a member of a
racial minority".
SECTION 17. Tennessee Code Annotated, Section 63-17-202(b)(2), is amended by
deleting the language "and that at least one (1) person serving on the council is a member of a
racial minority".
SECTION 18. Tennessee Code Annotated, Section 63-19-103(b)(1), is amended by
deleting the language "and that at least one (1) person serving on the board is a member of a
racial minority".
SECTION 19. Tennessee Code Annotated, Section 63-22-101(c)(5), is amended by
deleting the language "and that at least one (1) person serving on the board is a member of a
racial minority".
SECTION 20. Tennessee Code Annotated, Section 63-23-101(b)(6), is amended by
deleting the language "and that at least one (1) person serving on the board is a member of a
racial minority".
SECTION 21. Tennessee Code Annotated, Section 63-24-102(b)(3), is amended by
deleting the language "In making appointments to the board, the governor shall strive to ensure
that at least one (1) person serving on the board is a member of a racial minority.".
SECTION 22. Tennessee Code Annotated, Section 63-25-106(b), is amended by
deleting the language "and that at least one (1) person serving on the board is a member of a
racial minority".
SECTION 23. Tennessee Code Annotated, Section 63-27-103(f), is amended by
deleting the language ", that at least one (1) member is a member of a racial minority,".

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SECTION 24. Tennessee Code Annotated, Section 63-28-112(b), is amended by
deleting the language "and that at least one (1) person serving on the committee is a member of
a racial minority".
SECTION 25. Tennessee Code Annotated, Section 63-31-103(e), is amended by
deleting the language "and that at least one (1) person serving on the committee is a member of
a racial minority".
SECTION 26. Tennessee Code Annotated, Section 68-24-601(b)(6), is amended by
deleting the language "and that at least one (1) person serving on the board is a member of a
racial minority".
SECTION 27. Tennessee Code Annotated, Section 68-29-109(j), is amended by
deleting the language "and that at least one (1) person appointed to serve on the board is a
member of a racial minority".
SECTION 28. Tennessee Code Annotated, Section 68-140-303(e)(1), is amended by
deleting the language ", that at least one (1) person serving on the board is a member of a racial
minority,".
SECTION 29. This act takes effect upon becoming a law, the public welfare requiring it.