State Government

Plain English Breakdown

The effectiveness of enforcement and compliance with court orders within the specified timeframe remains uncertain.

Act Amending Property Rights Protection

This act amends Tennessee law to prohibit state entities from adopting policies recommended by international organizations that could harm private property rights and individual constitutional rights without due process, allowing individuals to sue for violations.

What This Bill Does

• Prohibits the state and its local governments from implementing policy recommendations from any international policymaking organization that infringe upon or restrict private property rights or individual constitutional rights without due process.
• Expands the definition of 'international policymaking organization' to include nongovernmental or intergovernmental entities issuing model policies, guidelines, laws, or rules that can be adopted by government bodies.
• Allows individuals to sue if they believe the state or local governments have violated these protections and requires courts to issue orders ensuring compliance with this act.
• Makes it a crime for officials to violate this law and imposes penalties on those who do not comply with court orders within 120 days.

Who It Names or Affects

• The state of Tennessee and its local governments
• Individuals who believe their property rights or constitutional rights have been violated by state actions

Terms To Know

International policymaking organization

A nongovernmental or intergovernmental entity that issues model policies, guidelines, laws, or rules that can be adopted in whole or in part by an instrument of government.

Due process

The legal requirement for the state to respect all legal rights owed to a person according to the law.

Limits and Unknowns

• It is unclear how this act will affect existing international agreements or policies already in place.
• Potential conflicts between state laws and federal or international regulations are not addressed.

Official Summary Text

Present law prohi
bits t
his state and its political subdivisions
from
adopt
ing
or implement
ing
policy recommendations that deliberately or inadvertently infringe or restrict private property rights without due process, as may be required by policy recommendations originatin
g in, or traceable to, the United Nations or a subsidiary entity of the United Nations

that contravenes the constitution of the United States or the constitution of this state.
This bill makes the following revisions to this provision:



Additionally prohibits an individual's constitutional rights from being deliberately or inadvertently infringed upon by such recommendations.



Broadens the application from those originating in, or traceable to, the United Nations or a subsidiary entity of the United Nations to, instead, any international policymaking organization.



Defines an "international policymaking organization" to (i) mean
a nongovernmental or an intergovernmental entity that issues model policies or guidelines or proposed laws or rules that pertain to a particular subject matter or range of subject matter areas of public policy, and which may be adopted in whole or in part by an instrument of government as the policy of that government; and
(ii) include
the World Health Organization, the United Nations, and the World Economic Forum
.

Present law authorizes an
individual who believes that a political subdivision has violated
the provisions of protection of private property rights in implementation of United Nations policies, to
bring a private cause of
action in a court of competent jurisdiction.
This bill provides that an individual who believes that the state has violated such provisions may also bring a private cause of action in a court of competent jurisdiction.

WRIT OF MANDAMUS

This bill prov
ides that if the
court finds the state, a political subdivision, or an official is in violation of this
bill
, then the court
must
issue a writ of mandamus against the entity or official ordering the entity or official to comply with this
bill
, enjoin the e
ntity or official from further interference, and take other action to ensure compliance as is within the jurisdiction of the court.
This bill provides that the state,
a political subdivision, or an official has not more than 120 days from the date of the
court's order to comply with the order. If, after 120 days, the entity or official has not complied with the court's order, then the court may take whatever action the court finds necessary to enforce compliance.

This bill further provides that upon
fin
ding that a policy, contract, or agreement violates this
bill
, the court
must
declare that such policy, contract, or agreement meets the standard as described under this
bill
, and is therefore
null,
void
,
and unenforceable.

This bill provides that a
n o
fficial or public servant violating this
bill
commits the offense of official oppression. Failure to comply with a court order per
present law
within the timeframe specified constitutes a separate violation
of official oppression
. It is not a defense to
criminal liability under this
bill
that no actual damage has yet to occur.

DUTIES OF THE
ATTORNEY GENERAL

This bill authorizes the
attorney general
to
issue an official statement clarifying that a particular contract policy or agreement violates this
bill
.

Current Bill Text

HOUSE BILL 1264
By Hulsey

SENATE BILL 1231
By Pody

SB1231
003295
- 1 -

AN ACT to amend Tennessee Code Annotated, Section 4-
1-422, relative to property rights.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 4-1-422, is amended by deleting the
section and substituting:
(a) As used in this section, unless context otherwise requires:
(1) "International policymaking organization":
(A) Means a nongovernmental or an intergovernmental entity that
issues model policies or guidelines or proposed laws or rules that pertain
to a particular subject matter or range of subject matter areas of public
policy, and which may be adopted in whole or in part by an instrument of
government as the policy of that government; and
(B) Includes the World Health Organization, the United Nations,
and the World Economic Forum; and
(2) "Political subdivision" means a local governmental entity, including a
municipality, metropolitan government, county, utility district, school district,
public building authority, and development district created and existing pursuant
to the laws of this state, or any instrumentality of government created by any one
(1) or more of the named local governmental entities.
(b) The state and its political subdivisions shall not adopt or implement policy
recommendations that deliberately or inadvertently infringe upon or restrict private
property rights without due process or an individual's constitutional rights, as may be

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required by policy recommendations originating in or traceable to any international
policymaking organization, including the United Nations or a subsidiary entity of the
United Nations, including:
(1) "Agenda 21," as adopted by the United Nations in 1992 at its
Conference on Environment and Development;
(2) The 2030 Agenda for Sustainable Development, introduced at a
United Nations Summit in 2015;
(3) The United Nations' proposal to reach net zero emissions by 2050; or
(4) Another international law or ancillary plan of action that contravenes
the United States Constitution or the Constitution of Tennessee.
(c)
(1) Since the United Nations has accredited and enlisted numerous
nongovernmental and intergovernmental organizations to assist in the
implementation of its policies relative to Agenda 21, The 2030 Agenda for
Sustainable Development, net zero goals for 2050, and its related plans and
initiatives, the state and its political subdivisions shall not enter into an
agreement, spend any sum of money, or provide financial aid to a
nongovernmental and intergovernmental organization described in or promoted
by such plans and initiatives.
(2) This section also applies to international policymaking organizations
that are not affiliated with the United Nations.
(d) As part of a political subdivision's annual audit, the executive of the political
subdivision or the governing body of the political subdivision shall present a written
attestation to the comptroller of the treasury certifying that the political subdivision has

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not sought or received a grant in intentional pursuit of a policy described under
subsection (b).
(e)
(1) An individual who believes that the state or a political subdivision has
violated subsection (b) or (c) may bring a private cause of action in a court of
competent jurisdiction.
(2) A court shall award court costs and fees, including reasonable
attorneys' fees, to the prevailing party in an action brought pursuant to this
subsection (e). In addition, the court may award the following remedies to a
plaintiff who prevails in an action brought pursuant to this subsection (e):
(A) Actual damages; and
(B) Punitive damages.
(3) If the court finds the state, a political subdivision, or an official is in
violation of this section, then the court shall issue a writ of mandamus against the
entity or official ordering the entity or official to comply with this section, enjoin
the entity or official from further interference, and take other action to ensure
compliance as is within the jurisdiction of the court.
(4) The state, a political subdivision, or an official has not more than one
hundred twenty (120) days from the date of the court's order to comply with the
order. If, after one hundred twenty (120) days, the entity or official has not
complied with the court's order, then the court may take whatever action the court
finds necessary to enforce compliance.
(5) Upon finding that a policy, contract, or agreement violates this
section, the court shall declare that such policy, contract, or agreement meets the

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standard as described under this section, and is therefore void and
unenforceable.
(f) An official or public servant violating this section commits the offense of
official oppression, as provided in § 39-16-403. Failure to comply with a court order per
subdivision (e)(3) within the timeframe specified in subdivision (e)(4) constitutes a
separate violation of § 39-16-403. It is not a defense to criminal liability under this
subsection (f) that no actual damage has yet to occur.
(g) A contract, policy, or agreement in violation of this section is null, void, and
unenforceable.
(h) The attorney general may issue an official statement clarifying that a
particular contract policy or agreement violates this section.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to contracts entered into, renewed, or amended on or after that date.