TLRC position
Support
2025 · Government
Subjects the Governor’s emergency powers to legislative oversight.
HB 0132 / SB 0396
Bill description
Give the General Assembly power to end, renew, or extend a governor's emergency and create an interim legislative council.
AN ACT to amend Tennessee Code Annotated, Section 58-2-107, relative to emergency management powers of the governor.
Bill sponsors
House co-sponsors · 11
Jake McCalmon R, Jody Barrett R, Lee Reeves R, Mark Cochran R, Dan Howell R, Debra Moody R, Chris Todd R, Elaine Davis R, Ed Butler R, Michele Reneau R, Monty Fritts R
Senate co-sponsors · 3
Adam Lowe R, Janice Bowling R, Mark Pody R
TLRC statement
Amended Bill:
The legislature has always had the power to end an emergency declaration by joint resolution. Unfortunately, the amendment keeps the status quo and allows the Governor to continue renewing emergency orders with no limits.
Originally Filed Bill:
This bill introduced much-needed legislative oversight into the governor’s authority during a declared emergency, ensuring that executive actions remain within constitutional limits. Since the COVID-19 pandemic, Tennessee’s General Assembly has not placed clear restrictions on the duration or scope of emergency declarations. This legislation takes a critical first step in restoring the proper balance of power between the executive and legislative branches.
Under this measure, no executive order or emergency proclamation can override the constitutional rights of Tennesseans as outlined in Article I of the Tennessee Constitution or the Bill of Rights in the U.S. Constitution. Additionally, a state of emergency is limited to 30 days unless renewed by the legislature. If the General Assembly is not in session, a designated legislative council made up of leadership from both chambers will have the authority to extend the emergency in 30-day increments.
By preventing indefinite executive rule without legislative input, this bill ensures that the people’s elected representatives remain involved in emergency decision-making. Tennesseans deserve a government that respects checks and balances, particularly when emergency orders impact individual freedoms, businesses, and daily life. This measure strengthens constitutional governance and protects citizens from prolonged executive authority without proper oversight.