Courts

Plain English Breakdown

Checked against official source text during the last sync.

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 for legal help if they think a government action is illegal or unconstitutional.
• 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 such challenges can be brought.
• The state, its entities, and officials whose immunities are protected.

Terms To Know

Cause of action

A legal reason for someone to bring a case in court.

Declaratory relief

When a court declares the rights, duties, or obligations of parties without ordering them to do anything specific.

Injunctive relief

A court order that forces someone to stop doing something or compels them to take action.

Limits and Unknowns

• The bill does not specify what happens if the law is challenged in federal courts.
• It remains unclear how this will affect existing legal cases or future interpretations of similar laws.

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

HOUSE BILL 374
By Zachary

SENATE BILL 383
By Taylor

SB0383
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.