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House panel advances bill restoring negligence liability for charities that house undocumented immigrants
Summary
A House Judiciary subcommittee advanced House Bill 8-11 after hours of testimony; supporters said it restores pre-2022 law while faith-based groups warned it could chill services to people seeking permanent housing.
A House Judiciary committee on Tuesday advanced House Bill 8-11, which would restore a civil negligence cause of action against charitable organizations that knowingly provide long-term housing to people the organization knows are unlawfully present in the United States.
Proponents said the bill simply returns Tennessee law to its pre-February 2022 state, when charities could be held civilly liable for negligence if they breached a duty of care that caused harm. Opponents — including ministers and nonprofit leaders — said the bill’s negligence standard is too broad and could expose faith-based and homeless-service providers to lawsuits for routine housing assistance.
Sponsor Representative Joe Grills told the committee the statute returns the law to the pre-2022 baseline and that “it is not the intent of the legislation to criminalize volunteers or shelters providing emergency services.” He said the change would allow legal accountability “if a charitable organization breaches a duty of care and that breach approximately causes harm.”
Faith leaders and nonprofit advocates testified that many organizations help people pursue long-term leases as part of efforts to end homelessness, and they said the bill’s language is vague on what constitutes negligence. Lindsay Krinx, a minister and co-founder of a statewide homelessness coalition, said her group helps residents obtain leases and feared the bill would subject helpers to litigation and “inhibit our religious freedom.”
Members questioned whether the bill targeted charities while excluding for-profit landlords; Chairman Grills answered that the 2022 statute had given charities immunity and the bill simply restores the prior legal framework for those entities. The committee also heard that the 2022 statute is codified at Tennessee Code Annotated section 29-34-213 and that HB 8-11 would amend related language.
After public testimony and extensive questioning, the committee voted to send House Bill 8-11 as amended to the calendar and rules committee. The clerk recorded the chamber vote as 15 ayes, 6 nos.
The bill’s backers say it restores an already-existing negligence framework rather than creating a new criminal standard; critics say it raises litigation risks for organizations providing long-term housing assistance and could deter nonprofit and faith-based groups from placing residents into private-market leases.
If advanced by the Rules calendar, the bill will face further committee work and floor consideration before becoming law.
