The Tennessee Senate passed House Bill 490 (conforming to Senate Bill 255) on third reading, a bill that lawmakers described as a targeted response to the Tennessee Supreme Court's March 2025 decision in McNabb v. Harrison.
Senator Gordon Hauer, explaining the measure on the floor, said the bill prohibits disqualification or removal of a municipal judge who was duly elected or appointed prior to March 2025 on the basis of residency changes that were not in effect at the time of the judge's election or appointment. The legislation also deems such municipal judges "de facto officers," making their decisions and judgments valid and binding during completion of the judge's term, and applies changes prospectively to the next regular scheduled municipal election for affected judgeships.
Senator Gordon Hauer described the bill as largely prospective and technical, saying it does not exempt municipal judges from any other required qualifications. "This bill... prohibits the disqualification or removal of a municipal judge who was duly elected or appointed to the office prior to March 2025, and who is qualified for such office under the laws and interpretation in effect at the time of such election and or appointment due to the residency requirement during the term of office to which the judge was elected or appointed," he said.
The measure passed on third and final consideration with the clerk announcing a majority and no recorded nays in that vote cycle. The bill will become effective as provided by statute and will operate prospectively as described in the floor explanation.