House Bill 1491, titled the "Protecting Religious Liberty and Expression in Public Schools Act," aims to amend Tennessee law to enhance the protection of religious expression in public schools. The bill introduces a new part to Tennessee Code Annotated, Title 49, which includes provisions for teaching the Bible as literature, allowing periods of prayer and Bible reading, and establishing civil remedies for violations of these rights. Specifically, it mandates that public schools provide students with the opportunity to participate in a designated period of prayer and reading of the Bible, while ensuring that participation is voluntary and that students can be excused upon request. The bill also outlines the enforcement mechanisms and remedies available to individuals who believe their rights under this part have been violated.

Additionally, the bill includes provisions that limit the enforcement of the separation of church and state doctrine by state officers or employees, allowing them to do so only in compliance with specific court judgments or directly applicable Supreme Court rulings. It establishes a fee-shifting mechanism for parties who prevail in civil actions related to violations of the act, ensuring that those who seek to enforce the separation of church and state may be liable for the costs incurred by the prevailing party. The act is set to take effect on July 1, 2026, and includes a severability clause to maintain the validity of the remaining provisions if any part is found invalid.