Bills that Pass, Part 1
Welcome to the New Normal
Some 1,450 bills were filed in each Chamber of the Tennessee General Assembly this year. Of those, an unscientific survey estimates that about half passed. This will result in (again, unscientifically) a few hundred pages of modification to current law, or less than 1% of the total.
These changes span the Impact Spectrum. On one end of that Spectrum are ho-hum bills like HB321 (which removes the word “fax” from code and allows state agencies to use electronic communications), HB1035 (which codifies the acts of the legislature from 2024), or HB256 (which, along with about a hundred other “sunset laws”, allows a state board to continue operations for the next several years). These bills are largely administrative, dealing with details like names, dates, and legislative rules.
On the other end of the Spectrum are high-impact bills like the Education Freedom Scholarship Act, which was the biggest news of this year. We won’t rehash all those details, but when the Governor finds it necessary to call a special session, out of state lobby groups spend millions of dollars, and about ten legislators lose their seats over a bill, that makes it a Big Deal. Its practical impact will be felt by several thousand families who now have charter school tuition covered by the state, and indirectly by all Tennesseans, who will now collectively pay $500 million to cover the costs of the program. Love it or hate it, the law makes an impact.
Somewhere in between on the Impact Spectrum, there are a number of bills that have some impact on us but don’t get the same kind of press or notoriety. Over the next few weeks, we’ll take a look at a few of them.
HB318 - Sponsors: Chairman Rudd and Senator Hensley
What is it? This bill declares that the World Health Organization, United Nations, and World Economic Forum have no jurisdiction in Tennessee, and that Tennessee won’t be compelled to enforce their mandates. It also states that requirements issued by those organizations should never be used as the basis for action by the state, if those actions would conflict with state law or the TN Constitution. And it bars any “political subdivision” of the state from enforcing those mandates, including counties, local governments, and local boards.
What’s the impact? Hard to say for sure. The WHO, UN, and WEF have existed for decades and issued thousands of directives on everything from health to international relations to economic policy. Their pronouncements shape think tank discussions, state policy, and US federal guidelines, so determining which state or local laws found their origin in international guidelines may be difficult. More importantly, the law states that international mandates can’t infringe on constitutional rights, but of course, no state or local laws should infringe on constitutional rights. Constitutional rights should remain inviolate at all times and in all places, regardless of who recommends that we violate them. This brings us to the hard reality that the constitution really is just words on paper, that government actually consists of people who may understand those words differently, and that thus — constitutionality is in the eye of the beholder. But, not to be too discouraged. Perhaps this bill will serve as a catalyst for local and state governments to pause and consider when an international organization sends out a mandate. To ask the question if this mandate will truly be good for Tennesseans or if it will only be good for international elites. If the bill does has that effect, it will be worth it.
Why did it pass? Tennesseans are an independent bunch, as much as we can be in a globalized world. We don’t like being told what’s good for us by people who aren’t us and don’t know us. Pair that attitude with the current distrust of the global “establishment” by the Republican Party and conservatives generally, and you have a bill that gets 15 co-sponsors and receives 100% Republican support in both houses.
HB811 - Chairman Grills and Senator Taylor
What is it? This bill states that a charitable organization that provides long-term housing to a person it knows is unlawfully in the US can be held liable for damages, injury, or death caused by that person. The bill only applies if the action the organization takes constitutes negligence, gross negligence, or wanton misconduct.
What is the impact? Allowing charitable organizations to be sued and held responsible for the actions of unlawful immigrants that they house will create a chilling effect on housing those individuals. Nonprofits will be less likely to offer long-term housing to these immigrants and more likely to vet the ones they do offer housing to, and it will likely discourage unlawful immigrants from attempting to put down roots in Tennessee.
Why did it pass? Illegal immigration is one of the most important current issues for conservatives and independents in the US. ICE reports that at least 10 million people are in the country illegally, and Tennessee law enforcement agencies report weekly instances of violent encounters with unlawful residents. By creating a cause of action against nonprofits who house criminal immigrants, the hope is that they will do their part to create an inhospitable environment for those immigrants who are likely to do harm.
HB855 — Representative Reeves and Leader Johnson
What is it? This bill requires that statewide political parties use primaries to nominate candidates for all partisan elections. There is a narrow exception for five counties that have held nominating conventions in the last three years, who will be grandfathered in as long as they continue to use these nominating conventions. But all other counties will be required to use primaries.
What is the impact? Local political races in which Democrats or Republicans choose to nominate must now use primaries to do so instead of conventions. Based on our understanding, this process will apply to School Board, Sheriff, County Clerk, etc. It will not affect races for Governor, US Senate, US Congress, State Senate, or State House, as those races already required primaries for nomination.
Why did it pass? In early 2025, several county Republican parties underwent contentious reorganizations, including the parties in Williamson, Shelby, and Hamilton Counties. Immediately afterward, this bill was filed by Leader Johnson (from Williamson County) and Representative Reeves (also from Williamson County). It was co-sponsored by Senator Gardenhire (Hamilton County), Jake McCalmon (Williamson County), House leadership, and a few others. We don’t have a crystal ball, so we can’t say for certain what the intention of the bill was. But the facts seem to be that when these members had more control over the Republican nominating process, they did not have an issue with conventions controlling those nominations. But once they lost control of their local parties, it suddenly became a big deal that everyone in the district have a voice in the nomination process through a primary. And so, with the blessing of leadership in both houses (Johnson in the Senate, Faison and Sexton in the House), county parties will now be limited to only primaries for nominating candidates.