House Bill 562 amends Tennessee Code Annotated, Title 58, Chapter 2, concerning emergency powers. The bill introduces a new subsection (b) to Section 58-2-302, which defines "lawful occupation" and prohibits political subdivisions or public officials from categorizing lawful occupations as non-essential during a declared state of emergency. This means that individuals engaged in lawful occupations cannot be barred from operating their businesses or professions based solely on such classifications. However, the bill clarifies that this prohibition does not apply if the individual is already restricted from their occupation due to violations of state or federal law.

Additionally, the bill allows individuals harmed by violations of this new provision to pursue civil action for actual damages or declaratory relief against the responsible political subdivision or public official. If a public official is found to have violated this subsection, they may be held personally liable. The bill also stipulates that courts must award litigation costs and reasonable attorney fees to those who prevail in such actions. The provisions of this act will take effect on July 1, 2025, and will apply to any prohibited conduct occurring on or after that date.

Statutes affected:
Introduced: 58-2-302