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SB1731 • 2026

Appeal and Review

AN ACT to amend Tennessee Code Annotated, Title 27, Chapter 1, relative to appeals.

Active

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

Sponsor
Stevens, Zachary
Last action
2026-04-06
Official status
Effective date(s) 03/26/2026
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Expanding State's Right to Appeal Court Decisions

This bill changes Tennessee laws to allow the state and its officials to appeal more types of court decisions.

What This Bill Does

  • Allows the state to appeal when a court denies a motion to dismiss an action involving the constitutionality or lawfulness of state actions, including executive orders and administrative rules.
  • Permits the state to appeal if a court denies qualified immunity for any state official.
  • Enables the state to appeal if a court denies sovereign immunity to the state or its officials.
  • Allows the state to appeal when a court grants, continues, or modifies an injunction against the state or its officials.
  • Permits the state to appeal if a court denies a motion to dissolve or modify an injunction against the state or its officials.

Who It Names or Affects

  • The state of Tennessee and its departments, agencies, and officials.
  • Courts in Tennessee that make decisions involving the constitutionality or lawfulness of state actions.

Terms To Know

Interlocutory order
A court decision made before the final judgment is issued.
Sovereign immunity
The legal principle that protects a government from being sued without its consent.

Limits and Unknowns

  • This bill does not specify how these changes will affect existing court cases.
  • It is unclear if this expansion of appeal rights will lead to more appeals or additional costs for the state.

Bill History

  1. 2026-04-06 Tennessee General Assembly

    Effective date(s) 03/26/2026

  2. 2026-04-06 Tennessee General Assembly

    Pub. Ch. 613

  3. 2026-04-06 Tennessee General Assembly

    Comp. became Pub. Ch. 613

  4. 2026-03-26 Tennessee General Assembly

    Signed by Governor.

  5. 2026-03-16 Tennessee General Assembly

    Transmitted to Governor for action.

  6. 2026-03-16 Tennessee General Assembly

    Signed by H. Speaker

  7. 2026-03-16 Tennessee General Assembly

    Signed by Senate Speaker

  8. 2026-03-13 Tennessee General Assembly

    Enrolled and ready for signatures

  9. 2026-03-12 Tennessee General Assembly

    Passed H., Ayes 55, Nays 28, PNV 5

  10. 2026-03-12 Tennessee General Assembly

    Subst. for comp. HB.

  11. 2026-03-12 Tennessee General Assembly

    Sponsor(s) Added.

  12. 2026-03-12 Tennessee General Assembly

    Comp. SB subst.

  13. 2026-03-09 Tennessee General Assembly

    H. Placed on Regular Calendar for 3/12/2026

  14. 2026-03-09 Tennessee General Assembly

    Objected to on Consent Calendar.

  15. 2026-03-05 Tennessee General Assembly

    H. Placed on Consent Calendar for 3/9/2026

  16. 2026-03-04 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 3/5/2026

  17. 2026-03-04 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  18. 2026-03-03 Tennessee General Assembly

    Sponsor(s) Added.

  19. 2026-02-26 Tennessee General Assembly

    Rcvd. from S., held on H. desk.

  20. 2026-02-25 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/4/2026

  21. 2026-02-23 Tennessee General Assembly

    Engrossed; ready for transmission to House

  22. 2026-02-23 Tennessee General Assembly

    Passed Senate, Ayes 26, Nays 6

  23. 2026-02-20 Tennessee General Assembly

    Placed on Senate Regular Calendar for 2/23/2026

  24. 2026-02-18 Tennessee General Assembly

    Rec. for pass by s/c ref. to Judiciary Committee

  25. 2026-02-17 Tennessee General Assembly

    Recommended for passage, refer to Senate Calendar Committee

  26. 2026-02-11 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 2/17/2026

  27. 2026-02-11 Tennessee General Assembly

    Placed on s/c cal Civil Justice Subcommittee for 2/18/2026

  28. 2026-02-02 Tennessee General Assembly

    Assigned to s/c Civil Justice Subcommittee

  29. 2026-02-02 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  30. 2026-01-22 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  31. 2026-01-22 Tennessee General Assembly

    Intro., P1C.

  32. 2026-01-21 Tennessee General Assembly

    Introduced, Passed on First Consideration

  33. 2026-01-21 Tennessee General Assembly

    Filed for introduction

  34. 2026-01-15 Tennessee General Assembly

    Filed for introduction

Official Summary Text

In an action brought against this state, a department or agency of this state, or an official of this state in their official capacity that challenges the constitutionality of a state statute,
present law authorizes
the state
to
appeal as of right from an interlocutory order of a circuit or chancery court of this state that

(
i
)
g
rants, continues, or modifies an injunction or

(
ii
)
d
enies a motion to dissolve or modify an injunction.

This bill rewrites the above provisions to, instead, authorize the
state
to
appeal as of right an interlocutory order of a circuit or chancery court of this state that
performs any of the following:



Grants, continues, or modifies an injunction against the state or any state official
.


Denies a motion to dissolve or modify an injunction against the state or any state official
.


Denies sovereign immunity to the state or any state official
.


Denies qualified immunity for any state official
.


Denies a motion to dismiss filed by the state in an action involving the

constitutionality of state law
.


Denies a motion to dismiss filed by the state in an action involving the

constitutionality or lawfulness of
a
n executive order
,
administrative rule
,
or

any other governmental action.

Current Bill Text

Read the full stored bill text 
HOUSE BILL 1791
By Zachary

SENATE BILL 1731
By Stevens
SB1731
010388
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 27,
Chapter 1, relative to appeals.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 27-1-101, is amended by deleting the
section in its entirety and substituting the following:
The state may appeal as of right an interlocutory order of a circuit or chancery court
of this state that:
(1) Grants, continues, or modifies an injunction against the state or any
state official;
(2) Denies a motion to dissolve or modify an injunction against the state
or any state official;
(3) Denies sovereign immunity to the state or any state official;
(4) Denies qualified immunity for any state official; or
(5) Denies a motion to dismiss filed by the state in an action involving
the:
(A) Constitutionality of state law; or
(B) The constitutionality or lawfulness of:
(i) An executive order;
(ii) Administrative rule; or
(iii) Any other governmental action.
SECTION 2. If any provision of this act or the application of any provision of this act to
any person or circumstance is held invalid, the invalidity does not affect other provisions or

- 2 - 010388

applications of the act that can be given effect without the invalid provision or application, and to
that end, the provisions of this act are severable.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.