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SB1048 • 2026

State Government

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

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Bowling, Fritts
Last action
2026-03-25
Official status
Failed in Senate State and Local Government Committee
Effective date
Not listed

Plain English Breakdown

The official source material did not provide specific details about the bill's failure in committee beyond its status label.

Emergency Powers Act

This bill limits governors and local mayors' ability to restrict lawful occupations during emergencies through executive orders, proclamations, or rules.

What This Bill Does

  • Defines a 'lawful occupation' as any legal job that is not specifically illegal under Tennessee law.
  • Prohibits governors and local mayors from declaring certain jobs non-essential or stopping them from operating during emergencies through executive orders, proclamations, or rules.
  • Allows people who are harmed by violations of this rule to sue for damages or a court order stating their rights were violated.
  • Requires courts to award legal costs and fees to those who win such lawsuits against public officials.

Who It Names or Affects

  • Governors
  • Local mayors (county and municipal)
  • People with lawful occupations

Terms To Know

Lawful occupation
Any legal job or profession that is not specifically illegal under Tennessee law.
Executive order
A directive issued by a governor to manage operations of the executive branch.

Limits and Unknowns

  • The bill does not apply if someone violates state or federal laws and is prohibited from working.
  • It only affects actions taken during declared emergencies or at other times by specific public officials (governor, county/municipal mayors).
  • The bill did not pass in the Senate State and Local Government Committee.

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.

  • Adds a definition for 'lawful occupation' as any legal job, trade, business, profession, field of specialization, or other means of livelihood that is not specifically illegal under Tennessee law.
  • Defines 'public official' to include the executive head of the state and local governments like counties, cities, towns, and metropolitan areas.
  • Prohibits public officials from stopping lawful occupations by declaring them non-essential during emergencies or at any time.
  • Allows people harmed by a violation of this rule to sue for damages or declaratory relief and receive legal costs including reasonable attorney fees.
  • The amendment does not specify what happens if someone violates state or federal laws while engaged in a 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 stop people from doing their lawful occupations, even if the official calls them non-essential.
  • Allows for ouster proceedings against local government leaders who violate this rule and bans them from holding that 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 banned due to breaking state laws, which could be unclear in certain situations.
Amendment 1-0 to SB1048

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 banned by state law.
  • States that a public official cannot declare a lawful occupation non-essential and restrict its operation during an emergency.
  • Allows for ouster proceedings against local government officials who violate this rule, making them ineligible to run for the same position for five years.
  • Enables individuals harmed by violations of this rule to sue the state executive head for damages or declaratory relief.
  • The amendment text does not specify what happens if a lawful occupation is prohibited due to a violation of state law, which could be unclear in certain situations.
Amendment 2-0 to SB1048

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.
  • Prohibits local public officials from declaring a lawful occupation non-essential and closing it down during an emergency, unless the person running the occupation has broken state laws.
  • Allows for ouster proceedings against local leaders who violate this rule, making them ineligible to run for that position for five years.
  • Enables people harmed by violations of this rule 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 closed due to a violation of state law, leaving some uncertainty in such cases.

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

  12. 2026-03-18 Tennessee General Assembly

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

  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 Senate Judiciary Committee calendar for 3/31/2025

  37. 2025-03-26 Tennessee General Assembly

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

  38. 2025-03-26 Tennessee General Assembly

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

  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

    Filed for introduction

  49. 2025-02-05 Tennessee General Assembly

    Assigned to s/c Public Service Subcommittee

  50. 2025-02-05 Tennessee General Assembly

    P2C, ref. to State & Local Government Committee

  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 
HOUSE BILL 562
By Fritts

SENATE BILL 1048
By Bowling

SB1048
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.