KLS Keeping Law Simple Legislation in plain English

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

Back to Tennessee

HB2402 • 2026

Local Government, General

AN ACT to amend Tennessee Code Annotated, Title 4; Title 29; Title 39 and Title 58, relative to workers responding to emergency declarations.

Crime Energy Labor
Active

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

Sponsor
Reeves, Johnson
Last action
2026-04-14
Official status
Placed behind the budget
Effective date
Not listed

Plain English Breakdown

The official source material does not provide information on how the bill affects employers beyond civil immunity limitations.

Emergency Utility Worker Protections

This bill amends Tennessee laws to provide protections and immunities for emergency utility workers during declared emergencies.

What This Bill Does

  • Defines an 'emergency utility worker' as someone who maintains or repairs utilities like electricity, water, or communications during a state of emergency declared by the governor based on a natural emergency.
  • Allows these workers to travel on public roads and enter restricted areas when needed for their work during emergencies.
  • Requires law enforcement to allow access to emergency utility workers with proper credentials unless there is an immediate threat to public safety unrelated to emergency utilities restoration activities.
  • Adds emergency utility workers to the definition of 'first responder' for assault penalties, making assaulting them a serious crime.
  • Provides civil immunity to emergency utility workers and their employers when acting in good faith during emergencies, but excludes willful misconduct, gross negligence, or conduct unrelated to emergency utilities restoration.

Who It Names or Affects

  • Emergency utility workers
  • Law enforcement agencies

Terms To Know

emergency utility worker
A person who maintains or repairs utilities during a declared state of emergency based on a natural emergency.
state of emergency
A situation officially declared by the governor where special rules apply to help manage an urgent crisis.

Limits and Unknowns

  • The bill does not specify what happens if an employer is negligent.
  • It's unclear how this will affect private property access for emergency utility workers.
  • The exact penalties and protections are detailed in other parts of Tennessee law that this bill amends.

Amendments

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

Amendment 1-0 to HB2402

Plain English: The amendment adds new definitions and protections for emergency utility workers during declared weather emergencies.

  • Defines 'emergency utility worker' as someone who works on utilities like electricity or water during a state of emergency.
  • Allows emergency utility workers to travel on public roads and enter restricted areas when needed for their work.
  • Expands the definition of 'first responder' to include emergency utility workers.
  • Provides civil immunity to emergency utility workers and their employers from liability while performing restoration activities.
  • The amendment text does not specify all details about how these changes will be implemented or enforced.
Amendment 2-0 to HB2402

Plain English: The amendment removes an existing subsection (c) from Tennessee Code Annotated § 58-2-112 and replaces it with new text that clarifies the authority of state and local law enforcement to prohibit access for valid law enforcement reasons.

  • Removes the current subsection (c) in § 58-2-112.
  • Adds a new subsection (c) stating that this section does not limit the authority of state and local law enforcement to restrict access when necessary for law enforcement purposes.
  • The amendment text does not provide details about what constitutes 'valid law enforcement purpose'.
Amendment 1-0 to SB2658

Plain English: The amendment adds new definitions and protections for workers who restore essential services during declared emergencies.

  • Defines 'emergency utility worker' as someone employed or contracted to work on utilities like electricity, gas, water, etc., during a state of emergency based on natural causes.
  • Allows these workers access to public roads and restricted areas when necessary for their duties during an emergency.
  • Expands the definition of 'first responder' to include emergency utility workers.
  • Provides civil immunity to emergency utility workers and their employers from liability for injuries, deaths, or property damage while performing restoration work during emergencies.
  • The amendment text does not specify all potential limitations on access or liability protections.
Amendment 2-0 to SB2658

Plain English: The amendment removes immunity for employers of emergency utility workers when responding to emergency declarations.

  • Removes the employer's immunity from liability that was previously granted under Tennessee Code Annotated, Title 29-34-216(a).
  • The amendment text does not specify what happens to other parts of the law or how this change affects overall worker protections.
Amendment 3-0 to SB2658

Plain English: This amendment adds a new subsection (d) to Tennessee Code Annotated § 29-34-216, which clarifies that employers of emergency utility workers do not receive immunity from civil liability for their own negligent actions during emergency restoration activities.

  • Adds a new subsection (d) to § 29-34-216 stating that an employer's negligence is not covered by the same immunity as their employees when responding to emergencies.
  • The amendment text does not specify what happens if both the employee and employer are negligent.
  • It is unclear how this subsection interacts with other parts of Tennessee law regarding civil liability.
Amendment 4-0 to SB2658

Plain English: The amendment changes a part of Tennessee law that talks about protecting workers who respond to emergencies, making it clear that only the workers themselves get this protection and not their employers.

  • Changes the language in § 29-34-216(a) so that immunity from civil liability applies specifically to emergency utility workers acting in good faith, rather than any worker.
  • Adds a new subsection (d) stating that employers of emergency utility workers are not immune from civil liability for their own or their employees' negligent acts.
  • The amendment text does not provide details on how this change will affect specific cases or the broader impact on local government operations.

Bill History

  1. 2026-04-14 Tennessee General Assembly

    Placed behind the budget

  2. 2026-04-13 Tennessee General Assembly

    Sponsor(s) Added.

  3. 2026-04-13 Tennessee General Assembly

    Engrossed; ready for transmission to House

  4. 2026-04-13 Tennessee General Assembly

    Passed Senate as amended, Ayes 33, Nays 0

  5. 2026-04-13 Tennessee General Assembly

    Amendment withdrawn. (Amendment 2 - SA0985)

  6. 2026-04-13 Tennessee General Assembly

    Senate adopted Amendment (Amendment 4 - SA1001)

  7. 2026-04-13 Tennessee General Assembly

    Amendment withdrawn. (Amendment 3 - SA0991)

  8. 2026-04-13 Tennessee General Assembly

    Senate adopted Amendment (Amendment 1 - SA0896)

  9. 2026-04-10 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/13/2026

  10. 2026-04-09 Tennessee General Assembly

    Sponsor(s) Added.

  11. 2026-04-09 Tennessee General Assembly

    Senate Reset on calendar for 4/13/2026

  12. 2026-04-08 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/14/2026

  13. 2026-04-08 Tennessee General Assembly

    Assigned to s/c Finance, Ways, and Means Subcommittee

  14. 2026-04-08 Tennessee General Assembly

    Sponsor(s) Added.

  15. 2026-04-08 Tennessee General Assembly

    Rec. for pass. if am., ref. to Finance, Ways, and Means Committee

  16. 2026-04-07 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/9/2026

  17. 2026-04-06 Tennessee General Assembly

    Sponsor(s) Added.

  18. 2026-04-06 Tennessee General Assembly

    Senate Reset on calendar for 4/9/2026

  19. 2026-04-02 Tennessee General Assembly

    Sponsor(s) Added.

  20. 2026-04-02 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/6/2026

  21. 2026-04-02 Tennessee General Assembly

    Sponsor(s) Added.

  22. 2026-04-02 Tennessee General Assembly

    Senate Reset on calendar for 4/6/2026

  23. 2026-04-01 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 4/7/2026

  24. 2026-03-31 Tennessee General Assembly

    Rec. for pass. if am., ref. to Judiciary Committee

  25. 2026-03-31 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/2/2026

  26. 2026-03-25 Tennessee General Assembly

    Placed on cal. State & Local Government Committee for 3/31/2026

  27. 2026-03-25 Tennessee General Assembly

    Action def. in State & Local Government Committee to 3/31/2026

  28. 2026-03-25 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0

  29. 2026-03-25 Tennessee General Assembly

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

  30. 2026-03-24 Tennessee General Assembly

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

  31. 2026-03-24 Tennessee General Assembly

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

  32. 2026-03-18 Tennessee General Assembly

    Placed on cal. State & Local Government Committee for 3/24/2026

  33. 2026-03-18 Tennessee General Assembly

    Action def. in State & Local Government Committee to 3/24/2026

  34. 2026-03-18 Tennessee General Assembly

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

  35. 2026-03-17 Tennessee General Assembly

    Action deferred in Senate State and Local Government Committee to 3/24/2026

  36. 2026-03-11 Tennessee General Assembly

    Placed on cal. State & Local Government Committee for 3/18/2026

  37. 2026-03-11 Tennessee General Assembly

    Action def. in State & Local Government Committee to 3/18/2026

  38. 2026-03-11 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/17/2026

  39. 2026-03-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate State and Local Government Committee

  40. 2026-03-04 Tennessee General Assembly

    Placed on cal. State & Local Government Committee for 3/11/2026

  41. 2026-03-04 Tennessee General Assembly

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

  42. 2026-03-03 Tennessee General Assembly

    Sponsor(s) Added.

  43. 2026-03-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  44. 2026-03-02 Tennessee General Assembly

    Approved by Delayed Bills Committee

  45. 2026-02-25 Tennessee General Assembly

    Placed on s/c cal Cities & Counties Subcommittee for 3/4/2026

  46. 2026-02-05 Tennessee General Assembly

    Assigned to s/c Cities & Counties Subcommittee

  47. 2026-02-05 Tennessee General Assembly

    P2C, ref. to State & Local Government Committee - Judiciary Committee

  48. 2026-02-04 Tennessee General Assembly

    Intro., P1C.

  49. 2026-02-03 Tennessee General Assembly

    Filed for introduction

  50. 2026-02-02 Tennessee General Assembly

    Refer to Senate Delayed Bills Committee

  51. 2026-02-02 Tennessee General Assembly

    Filed for introduction

Official Summary Text

ON APRIL 13, 2026, THE SENATE ADOPTED AMENDMENTS #1 AND #4 AND PASSED SENATE BILL 2658, AS AMENDED.

AMENDMENT #1 r
ewrites this bill to make certain additions to present law for emergency utility workers.

For purposes of this amendment, an

"
e
mergency utility worker"
is
an individual who:

(
1
) Is employed by, or acting as an authorized contractor for, a privately, publicly, or cooperatively owned facility or system used to transmit or distribute communications, electricity, gas, liquids, steam, sewerage, or other materials to the public; and

(
2
) Is engaged in the installation, maintenance, repair, or restoration of such facilities or systems during a state of emergency declared
by the governor tha
t is based on a natural emergency.

During a state of emergency declared
by the governor,

this amendment authorizes
an emergency utility worker
to
travel upon public roads and enter areas subject to curfew or restricted access orders when such access is necessary to perform emergency utilities restoration activities.
This amendment requires s
tate and local law enforcement agencies
to
allow reasonable access upon presentation of employer or contractor credentials by the emergency utility worker
; provided, that
law enforcement
may
address an
immediate threat to public safety unrelated to emergency utilities restoration.

Under present law, it is a Class A misdemeanor offense, punishable by a mandatory fine of $5,000 and a minimum 30 days incarceration, for a person to assault a first responder who is discharging or attempting to discharge the first responder's duties. Th
e offense is enhanced to aggravated assault against a first responder, which carries a mandatory fine of $15,000 and a minimum 90 days incarceration, if the assault results in serious bodily injury or death of the first responder, or involved a deadly wea
p
on or strangulation. This amendment adds emergency utility workers to the definition of "first responder" for purposes of such offenses.

This amendment provides civil immunity to a
n emergency utility worker and the emergency utility worker's employer
for
an act or omission committed in good faith while engaged in emergency utilities restoration activities during a state of emergency declared
by the governor t
hat is based on a natural emergency.

The immunity provided by this
amendment
does not apply to acts or omissions that constitute:

(1) Willful misconduct;

(2) Gross negligence; or

(3) Conduct unrelated to emergency utilities restoration activities.

This
amendment specifies that the grant of civil immunity to emergency utility workers and their employers
does not:

(1) Create a duty to act;

(2) Affect liability for the operation of a motor vehicle, except as otherwise provided by law; or

(3)
Create a private right of action.

AMENDMENT #4
clarifies that the civil immunity
created for
an emergency utility worker and the emergency utility worker's employer extends only to damage resulting from an act or omission of the emergency utility worker
,
committed in good faith
,
while engaged in emergency utilities restoration activities during a state of emergency declared by the governor that is based on a natural emergency. This amendment does not provide an employer of an emergency utility worker immunity from civil liabili
ty for the
negligent acts or omissions of the employer or of the emergency utility worker.

Current Bill Text

Read the full stored bill text 
SENATE BILL 2658
By Johnson

HOUSE BILL 2402
By Reeves
HB2402
012777
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 29; Title 39 and Title 58, relative to workers
responding to emergency declarations.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 58-2-126, is amended by adding the
following as a new subsection:
(d) If a first responder from a local emergency management agency is killed in
the line of duty, the chief executive officer of the local government that employed the first
responder shall order all flags at public buildings in the jurisdiction to be flown at half-
mast for at least one (1) day.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.