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SB 1958

Remedies and Special Proceedings - As enacted, removes the right of a cause of action for any affected person who seeks declaratory and injunctive relief in any action brought regarding the legality or constitutionality of a state governmental action; authorizes such an action against a political subdivision of this state; 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. - Amends TCA Title 1, Chapter 3 and Title 49.

114th Regular Session (2025-2026)

Limits declaratory/injunctive relief against state actions to challenges against political subdivisions; creates a private right of action for higher-ed discrimination.

Companion House Bill substituted
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WeVote Research Nonpartisan
Bill Summary · SB 1958

Summary of Bill: SB 1958 (Session 114) – Tennessee

Date: 2026 (as amended)

Purpose and Intent

  • The bill narrows the availability of a specific type of legal relief by limiting the right to seek declaratory and injunctive relief against government actions.
  • Specifically, it restricts such relief to challenges against actions by political subdivisions of Tennessee and removes the right to sue for declaratory or injunctive relief in actions challenging the legality or constitutionality of state government actions.
  • The bill preserves other avenues to vindicate rights under the Tennessee Constitution or the U.S. Constitution, and does not restrict other causes of action or waivers of sovereign immunity in those contexts.
  • In addition, the bill creates a separate private right of action for discrimination claims arising from race, color, ethnicity, or national origin by institutions of higher education, including potential damages and legal costs.

Key Provisions and Changes

  1. Limit on Declaratory/Injunctive Relief Against State Actions

    • Under current law (Tenn. Code Ann. § 1-3-121), an “affected person” may seek declaratory or injunctive relief in actions about the legality or constitutionality of a government action, with damages not available in those proceedings.
    • SB 1958, as amended, limits that relief to actions involving political subdivisions (cities, counties, etc.) of the state.
    • Prohibits a cause of action for damages in these contexts (the bill maintains other remedies under the existing chapter).

  2. State vs. Subdivision Distinction

    • State actions cannot be challenged for declaratory/injunctive relief under the reduced scope; challenges to the validity or constitutionality of state law remain possible through other mechanisms, but not via the narrowed declaratory/injunctive action.

  3. Higher Education Discrimination Private Right of Action

    • Creates a new private right of action for individuals who believe they have faced discrimination by an institution of higher education based on race, color, ethnicity, or national origin, including discrimination arising from affirmative action practices.
    • This right of action allows seeking damages and attorneys’ fees and costs, in addition to injunctive/declaratory relief.
    • The framework for this private action uses the Tennessee Human Rights Act (Tenn. Code Ann. Title 4, Chapter 21). Courts may award actual damages and legal costs, along with injunctive relief where appropriate.

  4. Remedies and Costs

    • For the private discrimination action against higher education institutions, the bill aligns with existing private-right-of-action provisions: injunctive relief, actual damages, and reasonable attorney’s fees and costs, in addition to other available remedies.

Who Would Be Affected

  • Affected Persons: Individuals seeking declaratory or injunctive relief against state government actions would be limited to challenges against political subdivisions; challenges against state actions for such relief would be curtailed.
  • State Government: Actions brought by or against state agencies seeking declaratory/injunctive relief concerning state actions would be limited.
  • Higher Education Institutions: Institutions of higher education would face a new private right of action for discrimination claims based on race, color, ethnicity, or national origin, with potential damages and attorney fees awarded under the Tennessee Human Rights Act.
  • Courts: May experience changes in caseload related to the higher education discrimination claims; overall fiscal impact is anticipated to be not significant.

Procedural and Timeline Highlights

  • The amendment process for SB 1958 included changes to subsection (b) and the addition of a new subsection (c) clarifying that other rights remain unaffected.
  • The bill’s fiscal notes indicate a NOT SIGNIFICANT fiscal impact, recognizing likely shifts in caseload rather than large budgetary effects.
  • Action history shows committee consideration and passage events in early 2026, with companion Senate/House actions and scheduling noted.

Fiscal Impact

  • Estimated to be Not Significant overall.
  • Potential for increased private litigation against higher education institutions due to the new discrimination-right framework.
  • Courts and state/local budgets expected to accommodate any changes within existing resources.

If you’d like, I can compare this bill to current law section-by-section or provide a plain-language impact briefing for specific stakeholder groups (e.g., universities, government agencies, civil rights organizations).

Compiled from official sources — confirm details with the bill’s official record.

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