HB 1971

Present law provides a cause of action for any affected person who seeks declaratory or injunctive relief in any action brought regarding the legality or constitutionality of a governmental action. This bill limits such cause of action to actions of poli tical subdivisions of this state and specifies that such cause of action does not apply to challenges to the validity or constitutionality of state law. Present law provides that a person who is subjected to discrimination in higher education may proceed under the general cause of action to challenge the legality or constitutionality of a governmental action, which this bill limits to actions of politica l subdivisions. The types of relief that may be awarded under present law are limited to injunctive and declaratory relief. This bill instead authorizes a person who is subjected to discrimination in higher education to seek relief under the Tennessee Hum an Rights Act, which may include an award of damages. ON MARCH 30, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1971, AS AMENDED. AMENDMENT #1 makes the following revisions: • Removes that the bill does not authorize a cause of action against, or waive the sovereign immunity and privileges of, the state, state entities, or state officials. • Provides that the bill does not limit any other cause of action or waiver of sovereign immunity to vindicate rights under the Tennessee Constitution or the United States Constitution.