State emergency officials warn bill limiting 'nonessential' designations could chill time‑sensitive protective orders

Mar 12, 2026

Tennessee Emergency Management director Patrick Sheehan told the Judiciary Committee HB5 62 could make mayors and governors hesitate to issue shelter‑in‑place, curfew or evacuation orders because the bill creates private rights of action and possible ouster proceedings; the committee advanced the bill on a close vote.

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Representative Fritz and others sponsored HB5 62, a bill that would restrict how officials declare certain occupations "nonessential" and provides a private right of action and ouster remedy for officials who issue emergency orders that are deemed to violate the bill. Patrick Sheehan, director of the Tennessee Emergency Management Agency, testified he supports the sponsor’s intent but warned the statutory language could unintentionally jeopardize emergency protective orders such as shelter‑in‑place, curfew and evacuation orders.

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