Tennessee House Bill HB1791

Tennessee 2025-2026 Regular Session

• Introduced: 1/21/26
• Refer: 2/2/26
• Refer: 2/18/26
• Refer: 3/4/26
• Chaptered: 4/6/26
• Passed: 4/6/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 27, Chapter 1, relative to appeals.

Summary

HB1791 amends Tennessee’s interlocutory appeal statute in Title 27, Chapter 1 to expand the circumstances under which the state may appeal immediately, before a final judgment. Under the bill, the state may appeal as of right when a circuit or chancery court grants, continues, or modifies an injunction against the state or a state official, refuses to dissolve or modify such an injunction, denies sovereign immunity to the state or a state official, denies qualified immunity to a state official, or denies a state motion to dismiss in cases challenging the constitutionality of state law or the constitutionality/lawfulness of an executive order, administrative rule, or other governmental action. The bill is procedural in nature, but it has significant effects on litigation involving state government. It gives the state a broader and faster path to appellate review in cases involving immunity defenses and constitutional or administrative-law challenges, which can delay or alter trial-court proceedings and increase the state’s leverage in defending lawsuits. It also clarifies that the act applies immediately upon becoming law and includes a severability clause. The available vote history suggests the bill moved through committee with clear support, though not unanimously. It received a 7-1 recommendation in the House Civil Justice Subcommittee and a 12-6 recommendation in the House Judiciary Committee, indicating general approval of the measure’s purpose but some reservations among members. The main point of contention is likely the balance between protecting the state from burdensome litigation and preserving access to trial-court relief for plaintiffs challenging government action. Supporters would view the bill as strengthening sovereign and qualified immunity and ensuring prompt appellate review of injunctions and constitutional claims, while critics may see it as making it harder for individuals or organizations to obtain and maintain relief against state action. No committee transcript was provided, so the specific arguments are not available.

Impact

This bill amends Tennessee Code Annotated § 27-1-101 to expand the state’s right to take interlocutory appeals from certain circuit and chancery court orders. It affects litigation involving injunctions, sovereign immunity, qualified immunity, constitutional challenges to state law, and challenges to executive orders, administrative rules, or other governmental actions. The practical effect is to broaden appellate review available to the state and state officials before final judgment, potentially slowing lower-court proceedings and strengthening the state’s litigation position in public-law cases.

Sentiment

The committee vote history indicates generally favorable sentiment toward the bill, with strong majority support in both the House Civil Justice Subcommittee and the House Judiciary Committee. The margins suggest the measure was viewed positively overall, but not without some opposition or concern. Because no transcripts are available, the record shows support for the bill’s goals but also some hesitation about its broader effects on litigation and judicial review.

Contention

The likely contention centers on whether the bill appropriately protects the state’s interests or instead tilts the litigation process too far in favor of government defendants. Supporters are likely to favor expanded interlocutory appeals to protect sovereign immunity, qualified immunity, and the state’s ability to challenge injunctions and constitutional claims early. Opponents are likely concerned that the bill could make it more difficult for plaintiffs to secure timely relief against unconstitutional or unlawful state action by allowing the state to appeal sooner and more often.