Tennessee General Assembly Legislation

Actions For HB0487	Date
Effective date(s) 01/01/2026	05/27/2025
Pub. Ch. 486	05/27/2025
Signed by Governor.	05/21/2025
Transmitted to Governor for his action.	05/09/2025
Signed by Senate Speaker	05/08/2025
Signed by H. Speaker	04/30/2025
Enrolled; ready for sig. of H. Speaker.	04/24/2025
Passed Senate, Ayes 31, Nays 2	04/21/2025
Amendment withdrawn. (Amendment 1 - SA0356)	04/21/2025
Senate substituted House Bill for companion Senate Bill.	04/21/2025
Received from House, Passed on First Consideration	04/17/2025
Engrossed; ready for transmission to Sen.	04/16/2025
Passed H., as am., Ayes 82, Nays 8, PNV 1	04/16/2025
H. adopted am. (Amendment 1 - HA0381)	04/16/2025
Sponsor(s) Added.	04/16/2025
H. Placed on Regular Calendar for 4/16/2025	04/15/2025
Placed on cal. Calendar & Rules Committee for 4/15/2025	04/15/2025
Rec. for pass; ref to Calendar & Rules Committee	04/15/2025
Placed on cal. Finance, Ways, and Means Committee for 4/15/2025	04/14/2025
Rec. for pass by s/c ref. to Finance, Ways, and Means Committee	04/14/2025
Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/14/2025	04/09/2025
Assigned to s/c Finance, Ways, and Means Subcommittee	04/09/2025
Rec. for pass. if am., ref. to Finance, Ways, and Means Committee	04/09/2025
Placed on cal. Judiciary Committee for 4/9/2025	04/02/2025
Rec for pass if am by s/c ref. to Judiciary Committee	04/02/2025
Placed on s/c cal Civil Justice Subcommittee for 4/2/2025	03/26/2025
Action Def. in s/c Civil Justice Subcommittee to 4/2/2025	03/26/2025
Placed on s/c cal Civil Justice Subcommittee for 3/26/2025	03/19/2025
Action Def. in s/c Civil Justice Subcommittee to 3/26/2025	03/19/2025
Placed on s/c cal Civil Justice Subcommittee for 3/19/2025	03/12/2025
Assigned to s/c Civil Justice Subcommittee	03/12/2025
Ref. to Judiciary Committee	03/12/2025
P2C, caption bill, held on desk - pending amdt.	02/05/2025
Intro., P1C.	02/03/2025
Filed for introduction	01/29/2025

Actions For SB0409	Date
Comp. became Pub. Ch. 486	05/27/2025
Sponsor(s) Added.	04/21/2025
Companion House Bill substituted	04/21/2025
Placed on Senate Regular Calendar for 4/21/2025	04/17/2025
Recommended for passage, refer to Senate Calendar Committee	04/15/2025
Placed on Senate Finance, Ways, and Means Committee calendar for 4/15/2025	04/08/2025
Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 7, Nays 1 PNV 1	04/01/2025
Placed on Senate Judiciary Committee calendar for 4/1/2025	03/31/2025
Action deferred in Senate Judiciary Committee to 4/1/2025	03/31/2025
Placed on Senate Judiciary Committee calendar for 3/31/2025	03/26/2025
Passed on Second Consideration, refer to Senate Judiciary Committee	02/12/2025
Introduced, Passed on First Consideration	02/10/2025
Filed for introduction	01/28/2025

	Amendments	Fiscal Memos
HA0381	Amendment 1-0 to HB0487

	Amendments	Fiscal Memos
SA0356	Amendment 1-0 to SB0409

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Videos containing keyword: HB0487

Fiscal Summary

OTHER FISCAL IMPACT

The proposed legislation is assumed to result in a mandatory recurring increase in local revenue to court clerks’ offices related to increased filing fees; however, the exact timing and extent of such an increase cannot be determined with reasonable certainty.

Bill Summary

ON APRIL 16, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 487, AS AMENDED.

AMENDMENT #1 rewrites this bill to revise present law concerning court clerks' fees.

Present law provides that costs generally may be collected at the time the services are requested from the clerk or other officer of the court. This amendment provides that the costs must be collected at such times, except as otherwise provided by law. This amendment adds to present law that, if a party requests services from the clerk but fails to pay the applicable filing fees at the time of the request, then the clerk shall give notice to the party and counsel of record, if any, of the party's non-compliance with payment within 10 business days. If the party fails to correct the party's non-compliance within 10 business days of the date of the notice of non-compliance, then the clerk may move the court for relief, up to and including striking a filing or dismissing the judicial proceeding. This amendment does not change present law concerning parties proceeding under a pauper's oath, encouraging judges to find a party indigent, and attorney cost bonds.

This amendment revises the schedule of fees charged by court clerks. Some of the fees are unchanged from present law, while some are increased incrementally over the next three calendar years, as stated in the following charts:

FILING FEES IN CHANCERY AND CIRCUIT COURTS	As of January 1, 2026	As of January 1, 2027	As of January 1, 2028
Enforcement of contracts; injunctions; personal injury and property damage; malpractice; health care liability; wrongful death; employment and all other forms of discrimination; will contests; in solemn form probate administrations; civil rights; tax disputes; special remedies; property disputes; and any other type of judicial proceedings not otherwise designated in this section or elsewhere by law	$275	$300	$325
Divorces involving minor children	$250	$275	$300
Divorces that do not involve minor children	$175	$200	$225
Appeals from juvenile, general sessions, probate, municipal courts, or administrative agencies	$200	$225	$250
Transfers from foreign jurisdictions or enforcement of foreign judgments	$200	$225	$250
Requests for writs of mandamus; quo warranto; or writs of certiorari	$200	$225	$250
Condemnations or inverse condemnations	$200	$225	$250
Restoration of citizenship rights	$150	$175	$200
Delayed or corrected birth certificates	$150	$175	$200
Adoptions; legitimations; paternity; termination of parental rights; name changes; minor settlements; civil expungements as authorized by law; orders of protection; emergency custody; requests for removal from custody; contempts; modifications of parenting plan; and any other domestic relations judicial proceedings not otherwise designated in this section or elsewhere by law	$100	$100	$100
Child support enforcements or modifications (including interstate support actions)	$75.00	$75.00	$75.00
Delinquent property tax (per parcel)	$42.00	$42.00	$42.00

FILING FEES IN COURTS ADMINISTERING ESTATES	As of January 1, 2026	As of January 1, 2027	As of January 1, 2028
Probate estates (including general administrations, small estates, insolvent estates, and muniment of title); conservatorships; or guardianships	$275	$300	$325
Requests in probate estates to sell real property; year's support, exempt property, or homestead; insolvency; or interpretation	$200	$200	$200
Creditor claims against probate estates (this fee shall also be the fee previously set forth in § 8-21-401(c)(1)(A) for purposes of filing a claim)	$50.00	$50.00	$50.00
Exceptions to any creditor claims against probate estates	$100	$100	$100
Mental health laws compiled under title 33	$50.00	$50.00	$50.00

COSTS IN COURTS ADMINISTERING ESTATES	As of January 1, 2026	As of January 1, 2027	As of January 1, 2028
For filing and docketing any request on an existing estate, other than a request to close the estate, not otherwise designated in this section or elsewhere by law (this fee shall also be the fee previously set forth in § 8-21-401(c)(6) for purposes of filing a motion to transfer a guardianship or conservatorship)	$25.00	$25.00	$25.00
For entering any order on an existing estate, other than closing order, not otherwise designated in this section or elsewhere by law	$20.00	$20.00	$20.00
For issuing each summons, subpoena, citation, writ, notice (including copies of process when required by law)	$10.00	$10.00	$10.00
For filing any document not otherwise designated in this section or elsewhere by law (this fee shall also be the fee previously set forth in § 8-21-401(c)(9) for purposes of notices pursuant to a claim by a personal representative)	$7.00	$7.00	$7.00
For filing, reviewing, recording, and entering any accounting or settlement	$75.00	$75.00	$75.00

COSTS IN CRIMINAL COURTS OF RECORD	As of January 1, 2026	As of January 1, 2027	As of January 1, 2028
Standard cost (per case, per defendant)	$300	$300	$300
Violation of probation or post-judgment actions other than expunctions	$100	$100	$100
Criminal contempt actions (including criminal contempt proceedings in civil courts); failure to appear; request for bonding company release from final forfeiture; request to reinstate a driver license; or requests for relief	$75.00	$75.00	$75.00

FILING FEES IN JUVENILE COURTS	As of January 1, 2026	As of January 1, 2027	As of January 1, 2028
Request to establish support or nonsupport; proceedings related to parentage; paternity cases; legitimations; and any other type of actions not otherwise designated in this section or elsewhere by law	$100	$100	$100
Child support enforcements or modifications (including interstate support actions)	$75.00	$75.00	$75.00
Traffic actions; consent orders; diversions or nonjudicial disposition of juvenile cases; voluntary motions to grant custody; marriage waivers; attachments pro corpus; or bench warrants	$42.00	$42.00	$42.00
Restricted licenses; drug screenings; entering orders of appeal and taking appeal bonds; entering judgments from appellate courts; entering orders allowing rehearing; or special pleas	$25.00	$25.00	$25.00
Delinquency; unruly actions; felony or misdemeanor judicial proceedings	$62.00	$62.00	$62.00

FILING FEES IN CIVIL GENERAL SESSIONS COURTS	As of January 1, 2026	As of January 1, 2027	As of January 1, 2028
Enforcement of contracts; collections; torts; citations; detainer warrants; appeals of decisions denying issuance of handgun permits; and any other type of action not otherwise designated in this section or elsewhere by law	$50.00	$50.00	$50.00
Short-term mental health commitments	$42.00	$42.00	$42.00
Orders of protection (shall be charged and collected in the manner provided in § 36-3-617)	$100	$100	$100

COSTS IN CRIMINAL GENERAL SESSIONS COURTS	As of January 1, 2026	As of January 1, 2027	As of January 1, 2028
Standard cost for cases not involving traffic citations (per conviction, per defendant)	$62.00	$62.00	$62.00
For cases involving traffic citations	$42.00	$42.00	$42.00
Failure to appear	$40.00	$40.00	$40.00
Issuance of bench warrant, capias, or other process to compel the defendant's attendance at the court	$40.00	$40.00	$40.00
Calling in surety (per each time a scire facias or other proceeding is instituted to bring in a surety, or make action against a bond for failure to appear)	$40.00	$40.00	$40.00
Requests for bonding company release from final forfeiture or requests to reinstate a driver license	$75.00	$75.00	$75.00

COMMISSIONS IN ALL COURTS	As of January 1, 2026	As of January 1, 2027	As of January 1, 2028
Except as otherwise provided, for receiving and paying over all taxes, fines, forfeitures, fees, and amercements	5%	5%	5%
In counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, for receiving and paying over all taxes, fines, forfeitures, fees, and amercements	10%	10%	10%
For receiving and paying over all taxes on litigation	6.75%	6.75%	6.75%
For selling real or personal property under court order, and receiving into the court's registry, collecting, and paying out the proceeds (the clerk shall collect the sheriff's fee for each party in a proceeding to sell real property)	3%	3%	3%
For investing funds as directed by court order (as a percentage of earnings)	5%	5%	5%

COSTS IN ALL COURTS	As of January 1, 2026	As of January 1, 2027	As of January 1, 2028
For issuing each original, alias, or plures subpoena or subpoena duces tecum	$10.00	$10.00	$10.00
For fulfilling a document request, other than an original filing and other than when preparing a record upon appeal (per page)	$0.50	$0.50	$0.50
For making certification and seal, providing a copy of an abstract, or providing driver license certification	$5.00	$5.00	$5.00
For preparing and acknowledging any deed or other instrument transferring ownership pursuant to court order	$50.00	$50.00	$50.00
For issuing summonses to empanel a jury	$100	$100	$100
Post-judgment fee per each occurrence regardless of whether judgment is enforced by garnishment, execution, levy, or other process, including, but not limited to, interrogatories, publications, motions to set installment payments, orders, or pleas	$25.00	$25.00	$25.00
To re-open any closed case	$75.00	$75.00	$75.00
For conducting computer searches for any public record having a commercial value	$7.00	$7.00	$7.00
For receiving and any paying out funds paid into the court's registry pursuant to an installment payment plan	$25.00	$25.00	$25.00
For preparing a record on appeal from a court of record to an appellate court	$300	$300	$300
For preparing and causing a public notice to be published	$25.00	$25.00	$25.00
For preparing and filing each clerk's report	$25.00	$25.00	$25.00
For entry of an order directing the clerk to sell a property in a delinquent property tax judicial proceeding (per parcel)	$100	$100	$100
For filing and docketing any request for redemption of a parcel of property or to claim excess sale proceeds in a delinquent property tax judicial proceeding (per request to be paid by the requesting party at the time of filing)	$75.00	$75.00	$75.00

This amendment also changes the following fees charged by court clerks:

(1) The fee for continuances is increased from $5.00, plus a $2.00 courtroom security enhancement fee, to $10.00, $5.00 of which must be deposited into the county general fund to be used exclusively for the purposes of providing security and enhancing the security of court facilities in the county;

(2) The fee for receiving funds paid into court on confirmation of private sales or other funds paid into the clerk pursuant to court order, and collecting and paying out the proceeds, is increased from $40.00 to $50.00; and

(3) Presently, $4.00 of the general filing fees is earmarked for court clerks' computer-related expenses. This amendment increases such amount to $7.00.

Present law authorizes court clerks to invest idle funds held under their control, not otherwise invested. This amendment defines "idle funds" to mean those funds the clerk holds pursuant to statute, local rules of court, or a court order that does not specifically direct the clerk to invest the funds. This amendment specifies that the general authorization to invest idle funds does not relieve the clerks from the responsibility of investing funds held under their control pursuant to court order or local rules of court directing the clerk to invest funds, and the earnings on those investments must accrue to the benefit of those directed by the court or by agreement of the parties to the judicial proceeding.

Present law authorizes court clerks to petition the court to award reasonable costs in extraordinary cases. Under present law, an extraordinary case is a case in which there are 10 or more plaintiffs or 10 or more defendants. This amendment redefines extraordinary cases to mean a case in which there are 10 or more parties.

This amendment reiterates that costs associated with the filing, issuance, registration, service, dismissal or nonsuit, appeal, or enforcement of an ex parte order of protection, order of protection, or a petition for either such order, will be assessed pursuant to present law, which requires that the costs are assessed against the respondent if the court grants the petitioner's request and may only be assessed against a petitioner who is not awarded the requested relief if the court finds that the petitioner is not a victim and knowingly made a false allegation of an offense.

This amendment requires the Tennessee state court clerks association to file a report with the general assembly on or before December 31, 2028, proposing any increases in the fees, costs, or commissions provided in this section; provided, however, that this section does not prohibit any increases prior to December 31, 2028.

This amendment deletes present law authorization for court clerks in Davidson, Knox, and Shelby counties to charge an addition fee of up to $5.00 for computer searches for public records having commercial value.

This amendment imposes a $5.00 administrative fee on a person who violates the prohibition against using a wireless telecommunications device or stand-alone electronic device while operating a motor vehicle, the proceeds of which will be retained by the court clerk.

This amendment levies a privilege tax on litigation of $2.00 in all civil and criminal cases instituted in the county, other than those instituted in juvenile or municipal courts, for the purposes of court clerk education. This amendment creates a special account in the state treasury to be known as the court clerk continuing education account. The proceeds from the privilege tax must be deposited in the court clerk fund to be expended by the state court clerks' conference only in accordance with annual appropriations approved by the general assembly for the development and presentation of continuing education programs, courses, and conferences for court clerks in this state.

The provisions of this amendment take effect January 1, 2026.

FiscalNote for HB0487/SB0409 filed under SB0409

House Floor and Committee Votes

HB0487 by Farmer - FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/16/2025
Passed
          Ayes...............................................82
          Noes................................................8
          Present and not voting...................1

          Representatives voting aye were: Atchley, Barrett, Baum, Behn, Boyd, Bricken, Bulso, Burkhart, Butler, Camper, Capley, Carringer, Cepicky, Chism, Cochran, Crawford, Darby, Davis, Eldridge, Faison, Farmer, Fritts, Gant, Garrett, Glynn, Grills, Hakeem, Hale, Haston, Hawk, Helton-Haynes, Hemmer, Hicks G, Hicks T, Hill, Howell, Hulsey, Hurt, Johnson, Jones R, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Maberry, Marsh, Martin B, Martin G, McCalmon, McKenzie, Miller, Mitchell, Moody, Moon, Powers, Raper, Reedy, Reeves, Reneau, Rudd, Rudder, Scarbrough, Shaw, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Towns, Travis, Vaughan, Vital, Warner, White, Williams, Wright, Zachary, Mr. Speaker Sexton -- 82.
          Representatives voting no were: Brooks, Clemmons, Dixie, Hardaway, Harris, Pearson, Powell, Salinas -- 8.
          Representatives present and not voting were: Jones J -- 1.

HB0487 by Farmer - FLOOR VOTE: REGULAR CALENDAR PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/16/2025
Passed
          Ayes...............................................69
          Noes...............................................20

          Representatives voting aye were: Atchley, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Capley, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Eldridge, Faison, Farmer, Fritts, Gant, Garrett, Grills, Hale, Haston, Hawk, Helton-Haynes, Hicks G, Hicks T, Hill, Howell, Hulsey, Hurt, Jones R, Keisling, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Maberry, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Raper, Reedy, Reeves, Rudd, Rudder, Scarbrough, Shaw, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vaughan, Vital, Warner, White, Williams, Wright, Zachary, Mr. Speaker Sexton -- 69.
          Representatives voting no were: Behn, Brooks, Camper, Chism, Clemmons, Dixie, Glynn, Hakeem, Hardaway, Harris, Hemmer, Johnson, Jones J, McKenzie, Miller, Mitchell, Pearson, Powell, Salinas, Towns -- 20.

          HB0487 by Farmer - HOUSE CALENDAR & RULES COMMITTEE:
H. Placed on Regular Calendar for 4/16/2025 4/15/2025
          Voice Vote - Ayes Prevail Rep(s). Clemmons requested to be recorded as voting No

HB0487 by Farmer - HOUSE FINANCE, WAYS, AND MEANS COMMITTEE:
Rec. for pass; ref to Calendar & Rules Committee 4/15/2025
Passed
          Ayes...............................................26
          Noes................................................0

          Representatives voting aye were: Baum, Boyd, Camper, Capley, Chism, Cochran, Crawford, Faison, Freeman, Gant, Garrett, Gillespie, Hale, Hawk, Hicks G, Hicks T, Hulsey, Love, Miller, Moody, Parkinson, Reeves, Shaw, Sparks, Vaughan, Zachary -- 26.

HB0487 by Farmer - HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE:
Rec. for pass by s/c ref. to Finance, Ways, and Means Committee 4/14/2025
Passed
          Ayes...............................................12
          Noes................................................0

          Representatives voting aye were: Capley, Chism, Cochran, Crawford, Gant, Hicks G, Hicks T, Parkinson, Reeves, Shaw, Williams, Zachary -- 12.

HB0487 by Farmer - HOUSE JUDICIARY COMMITTEE:
Rec. for pass. if am., ref. to Finance, Ways, and Means Committee 4/9/2025
Passed
          Ayes...............................................21
          Noes................................................0

          Representatives voting aye were: Alexander, Atchley, Bulso, Davis, Doggett, Eldridge, Farmer, Garrett, Hardaway, Harris, Johnson, Keisling, Lamberth, Littleton, Powell, Russell, Salinas, Scarbrough, Stinnett, Todd, Towns -- 21.

HB0487 by Farmer - HOUSE CIVIL JUSTICE SUBCOMMITTEE:
Rec for pass if am by s/c ref. to Judiciary Committee 4/2/2025
Passed
          Ayes................................................6
          Noes................................................0

          Representatives voting aye were: Davis, Farmer, Johnson, Russell, Todd, Travis -- 6.

Senate Floor and Committee Votes

Senate moved to substitute and conform to HB0487

HB0487 by Farmer - FLOOR VOTE: Third Consideration 4/21/2025
Passed
          Ayes...............................................31
          Noes................................................2

          Senators voting aye were: Akbari, Bailey, Bowling, Briggs, Campbell, Crowe, Gardenhire, Haile, Harshbarger, Hatcher, Hensley, Jackson, Johnson, Kyle, Lamar, Lowe, Massey, Pody, Powers, Reeves, Roberts, Rose, Seal, Southerland, Stevens, Walley, Watson, White, Yager, Yarbro, Mr. Speaker McNally -- 31.
          Senators voting no were: Oliver, Taylor -- 2.

SB0409 by Bailey - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
Recommended for passage, refer to Senate Calendar Committee 4/15/2025
Passed
          Ayes...............................................10
          Noes................................................0

          Senators voting aye were: Haile, Hensley, Johnson, Lamar, Powers, Rose, Stevens, Walley, Watson, Yarbro -- 10.

SB0409 by Bailey - SENATE JUDICIARY COMMITTEE:
Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 7, Nays 1 PNV 1 4/1/2025
Passed
          Ayes................................................7
          Noes................................................1
          Present and not voting...................1

          Senators voting aye were: Gardenhire, Harshbarger, Kyle, Roberts, Rose, Stevens, White -- 7.
          Senators voting no were: Taylor -- 1.
          Senators present and not voting were: Lamar -- 1.

HB 0487 by *Farmer

(SB 0409) by *Bailey

Videos containing keyword: HB0487

Fiscal Summary

Bill Summary

House Floor and Committee Votes

Senate Floor and Committee Votes