The state House has passed legislation allowing the Tennessee attorney general (AG) to audit and possibly replace the Shelby County district attorney (DA). The News Herald reports that HB0483/SB0443 gives the AG authority to review how cases are handled, including pretrial release conditions, bail requirements and use of grant money. The AG also is authorized to ask the Tennessee Supreme Court to appoint a replacement if an audit finds the DA declined to prosecute criminal offenses. The state Senate passed the bill today with two amendments. First, it changed the audit to a study, but allowed the AG to request an audit by the state Comptroller's Office if needed. Second, it voted to limit the study to cases from the Memphis Safe Task Force. DA Steve Mulroy has criticized the proposal saying, “The bill targets Shelby County only for unprecedented, intrusive oversight of a locally elected DA by an unelected attorney general, without providing any basis for treating Shelby County differently … The provision allowing the attorney general to seek a temporary replacement of a DA largely repeats language already in Tennessee law and is therefore unnecessary; to the extent it goes further, it is likely unconstitutional.”

Tennessee will expand its universal voucher program to 35,000 students next school year after the Senate approved HB2532/SB2247 by a vote of 18-14. The bill now goes to Gov. Bill Lee for his consideration. The Senate initially sought to expand the program to 40,000, but agreed to move forward with the House number. The legislation also includes a requirement that public schools collect student Social Security numbers to maintain their “hold harmless” funding over the next several years. The “hold harmless” language was included in the original voucher legislation to maintain public school funding if local districts lose students. In future years, the measure will require collection of more household income data on families and tracking how many new vouchers go to public school students. The Daily Memphian has a story from Chalkbeat.

Several bills have passed both the state House of Representatives and Senate and are now awaiting Gov. Bill Lee’s decision to sign them into law. They include HB1704/SB1779, which would make it a state crime to remain in the U.S. at least 90 days after a final deportation order is entered. The Nashville Banner reports on that measure. HB1484/SB146 would require the Shelby County district attorney to notify officials if certain “serious” cases arising from the federal task force in Memphis result in pleas, lowered charges or dismissals. States Newsroom reports on that bill. Finally, SB1741/HB1476, known as the Charlie Kirk Act, would require educational institutions to adopt policies affirming they will protect free speech and will not deny speakers or organizations from holding events on campus for political reasons. WDEF has more on that one.

Gov. Bill Lee last week signed legislation to limit lawsuits challenging the constitutionality of new state laws. HB1971 repeals a provision the legislature passed eight years ago that allowed Tennesseans to challenge the constitutionality of new state laws before they suffer any harm. The Tennessean reports that Attorney General Jonathan Skrmetti — whose office defends new laws in court — requested lawmakers repeal the measure and reinstate barriers removed in 2018. The change now requires challengers to prove actual damage had been done to have standing to sue. Read past coverage of the measure.

The TBA’s Legislative Updates podcast returns this week with TBA attorneys and lobbyists Brad Lampley and Ashley Harbin of Adams & Reese. They discuss the family law bill SB2324/HB2429, Gov. Bill Lee’s amended budget, the legislature’s final budget debates and the approaching end of the 2026 legislative session. Tune in on the TBA website or through this link. Attorneys interested in supporting the TBA’s lobbying efforts can contribute to LAWPAC.

Legislation championed by Tennessee House Speaker Cameron Sexton, R-Crossville, to adopt a “three-strikes” system for repeat offenders was defeated in the Senate Judiciary Committee yesterday. Before voting the bill down, committee members adopted an amendment to substitute the original language of SB2137. The Tennessee Journal reports that committee chair Todd Gardenhire, R-Chattanooga, opposed the measure because it did not include funding to support its $120 million fiscal note, down from an original estimate of $500 million. Gardenhire joined two other Republicans and two Democrats in rejecting the bill.

The state Senate is considering SB2418, which would require state attorney general approval of any contingent fee contracts between local governments and private-sector attorneys. The bill passed the Senate Judiciary Committee on March 16. The Senate began considering the measure on April 2 and is scheduled to take it back up on April 13. In the House, HB2069, passed the State & Local Government Committee on April 1 but failed in the full body on April 9 because it failed to garner the constitutional majority vote needed. The bill has been referred to the Judiciary Committee for further consideration on April 14. The Tennessee Journal looks at the mechanism for reconsideration. Learn more about the arguments for and against the bill from Legal Newsline.

Tennessee lawmakers on Tuesday approved a $100 million state disaster fund intended to provide assistance to local governments and individuals when Federal Emergency Management Agency (FEMA) aid falls short, Fox 43, reports. The bill, SB2232/HB2543, now heads to Gov. Bill Lee’s desk. The measure would establish the Governor’s Response and Recovery Fund. The fund, administered by the Tennessee Emergency Management Agency, would provide grants and low- or no-interest loans for eligible recovery costs. Bill sponsor Rep. Tim Hicks, R-Gray, said the fund is intended to address smaller-scale disasters that do not meet Federal Emergency Management Agency thresholds. The legislation also outlines eligibility requirements for local governments and individuals, including proof of need and residency. Lawmakers raised questions about whether the funding will be sufficient and debated provisions such as the lawful residency requirement for aid, but the bill ultimately passed with broad support in both chambers. The governor proposed the fund in March.

The state House of Representatives on March 26 passed a bill that would make it a felony for state or local officials to disclose “confidential” immigration enforcement information, sending the measure to Gov. Bill Lee’s desk, the Tennessean reports. HB2506/SB1464, sponsored by House Speaker Cameron Sexton, R-Crossville, and Lt. Gov. Randy McNally, R-Oak Ridge, aims to protect law enforcement officers by keeping their names, contact information and operational details — including dates, times and strategies — confidential. Proponents say the bill safeguards officers’ safety without preventing protests or citizens from filming immigration enforcement. Opponents argue it could be used to limit public oversight and hinder recording of officers. The measure passed by a 70-19 vote in less than two minutes according to the paper. Companion legislation passed the Senate on March 9.

TBA’s Legislative Updates podcast is new this week with TBA lobbyists and attorneys Berkley Schwarz of Pier Strategies LLC and Brad Lampley of Adams & Reese. This week they discuss TBA's bills that are moving through the legislative process, including the extrajudicial adoptions bills HB1263/SB1238; real estate bills HB569/SB394, HB1970/SB1985 and HB1762/SB1707; adoption bill SB2165/HB2350; probate bill SB2184/HB2451; and family law bill SB2324/HB2429. Tune in on the TBA website or through this link. Attorneys interested in supporting the TBA’s lobbying efforts can contribute to LAWPAC.