Tenn. Code Ann. § 7-36-105 — TN Code / Title 7 / Chapter 36 / Section 7-36-105
Filing and approval of certificate of incorporation - Creation of authority - Corporate name
Status: in_force

(a) When executed and acknowledged in conformity with § 7-36-104 , the certificate of incorporation shall be filed with the secretary of state. The secretary of state shall examine the certificate of incorporation and, if the secretary of state finds that the recitals contained in the certificate of incorporation are correct, that the requirements of § 7-36-104 have been complied with, and that the name is not identical with or so nearly similar to that of another entity already in existence in this state as to lead to confusion and uncertainty, then the secretary of state shall approve the certificate of incorporation and record it in an appropriate book of record in the secretary of state's office. (b) When the certificate has been made, filed, and approved, the corporate existence shall begin, and the certificate shall be conclusive evidence that the authority has been formed pursuant to this chapter. (c) Upon its formation, a governmental authority shall be created and constituted. The authority shall be a public corporation under the corporate name set forth in its certificate of incorporation, and shall under that name be a political subdivision of this state and a body politic and corporate. The authority shall be for the purpose of planning, acquiring, constructing, improving, furnishing, equipping, financing, owning, operating, and maintaining electric, water, and wastewater systems, and telecommunications systems as are specified in its certificate of incorporation. The authority may provide such services within or outside the corporate limits of the associated municipality and within or outside this state. (d) An authority may elect to adopt one (1) or more assumed corporate names other than its true corporate name. Before conducting affairs in this state under an assumed corporate name or names, the authority shall, for each assumed corporate name, pursuant to resolution by its board of directors, execute and file an application with the secretary of state setting forth the true corporate name of the authority as stated in its certificate of incorporation, that the authority intends to transact business under an assumed corporate name, and the assumed corporate name which it proposes to use. An authority may, by resolution of its board of directors, amend or withdraw any of its assumed corporate names by filing notice of such amendment or withdrawal with the secretary of state. Amended by 2017 Tenn. Acts, ch. 446,s 4, eff. 5/25/2017. Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
(a) When executed and acknowledged in conformity with § 7-36-104 , the certificate of incorporation shall be filed with the secretary of state. The secretary of state shall examine the certificate of incorporation and, if the secretary of state finds that the recitals contained in the certificate of incorporation are correct, that the requirements of § 7-36-104 have been complied with, and that the name is not identical with or so nearly similar to that of another entity already in existence in this state as to lead to confusion and uncertainty, then the secretary of state shall approve the certificate of incorporation and record it in an appropriate book of record in the secretary of state's office.
(b) When the certificate has been made, filed, and approved, the corporate existence shall begin, and the certificate shall be conclusive evidence that the authority has been formed pursuant to this chapter.
(c) Upon its formation, a governmental authority shall be created and constituted. The authority shall be a public corporation under the corporate name set forth in its certificate of incorporation, and shall under that name be a political subdivision of this state and a body politic and corporate. The authority shall be for the purpose of planning, acquiring, constructing, improving, furnishing, equipping, financing, owning, operating, and maintaining electric, water, and wastewater systems, and telecommunications systems as are specified in its certificate of incorporation. The authority may provide such services within or outside the corporate limits of the associated municipality and within or outside this state.
(d) An authority may elect to adopt one (1) or more assumed corporate names other than its true corporate name. Before conducting affairs in this state under an assumed corporate name or names, the authority shall, for each assumed corporate name, pursuant to resolution by its board of directors, execute and file an application with the secretary of state setting forth the true corporate name of the authority as stated in its certificate of incorporation, that the authority intends to transact business under an assumed corporate name, and the assumed corporate name which it proposes to use. An authority may, by resolution of its board of directors, amend or withdraw any of its assumed corporate names by filing notice of such amendment or withdrawal with the secretary of state.
Amended by 2017 Tenn. Acts, ch. 446,s 4, eff. 5/25/2017.
Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
Tenn. Code Ann. § 7-52-107 — TN Code / Title 7 / Chapter 52 / Section 7-52-107
Board of public utilities - Creation
Status: in_force

(a) Any municipality, except those that employ a city-manager or that have a population of less than two thousand (2,000), issuing bonds under this part for the acquisition of an electric plant shall, and any municipality now or hereafter owning or operating an electric plant under this part or any other law may, appoint a board of public utilities, referred to as the "board" in this part. (b) The board shall be created in the following manner: at the time the governing body of a municipality issuing bonds under this part determines that a majority of the qualified voters voting on the election resolution have assented to the bond issue for the acquisition of an electric plant, the chief executive officer of the municipality shall, or if no such bonds are issued, or if the municipality employs a city-manager or has a population of less than two thousand (2,000), then at any time the chief executive officer may, with the consent of the governing body of the municipality, appoint two (2) or four (4) persons from among the property holders of such municipality who are residents of the municipality and have resided therein for not less than one (1) year next preceding the date of appointment to such board. The board of a municipal electric system may consist of two (2) or four (4) persons who have been for not less than one (1) year preceding the appointment both a customer of the municipal electric system and a resident of the county wherein such municipality is located. No regular compensated officer or employee of a municipality shall be eligible for such appointment until at least one (1) year after the expiration of the term of such person's public office. Acts 1935, ch. 32, § 13; C. Supp. 1950, § 3708.13; T.C.A. (orig. ed.), § 6-1507; Acts 1990, ch. 664, § 1.
(a) Any municipality, except those that employ a city-manager or that have a population of less than two thousand (2,000), issuing bonds under this part for the acquisition of an electric plant shall, and any municipality now or hereafter owning or operating an electric plant under this part or any other law may, appoint a board of public utilities, referred to as the "board" in this part.
(b) The board shall be created in the following manner: at the time the governing body of a municipality issuing bonds under this part determines that a majority of the qualified voters voting on the election resolution have assented to the bond issue for the acquisition of an electric plant, the chief executive officer of the municipality shall, or if no such bonds are issued, or if the municipality employs a city-manager or has a population of less than two thousand (2,000), then at any time the chief executive officer may, with the consent of the governing body of the municipality, appoint two (2) or four (4) persons from among the property holders of such municipality who are residents of the municipality and have resided therein for not less than one (1) year next preceding the date of appointment to such board. The board of a municipal electric system may consist of two (2) or four (4) persons who have been for not less than one (1) year preceding the appointment both a customer of the municipal electric system and a resident of the county wherein such municipality is located. No regular compensated officer or employee of a municipality shall be eligible for such appointment until at least one (1) year after the expiration of the term of such person's public office.
Acts 1935, ch. 32, § 13; C. Supp. 1950, § 3708.13; T.C.A. (orig. ed.), § 6-1507; Acts 1990, ch. 664, § 1.
Tenn. Code Ann. § 7-51-1122 — TN Code / Title 7 / Chapter 51 / Section 7-51-1122
Criminal conviction record check
Status: in_force

(a) The general assembly hereby declares that conducting a criminal conviction record check of an applicant desiring a license to operate an adult-oriented establishment is for a law enforcement purpose and that conducting a criminal conviction record check of applicants desiring a permit to perform as an entertainer at an adult-oriented establishment is also for a law enforcement purpose. Notwithstanding § 7-51-1121(b) , or any other law to the contrary, those counties, cities or other political subdivisions that choose to license and regulate adult-oriented establishments and sexually-oriented businesses, either by adopting this part or by enacting and enforcing their own regulatory scheme that disqualifies an applicant for the conviction of a criminal act, shall require that all applicants for a license or permit to operate an adult-oriented establishment or to perform as an entertainer at an adult-oriented establishment shall submit a full set of fingerprints to the county, city or other political subdivision for positive identification of the applicant and the county, city or other political subdivision shall conduct a criminal conviction records check of the applicant. (b) (1) Upon receipt of an application, the county, city or other political subdivision that licenses or permits operators or entertainers shall: (A) Conduct a criminal conviction record check through such computer terminals available to it or other means of access to criminal convictions that are maintained by the county, city or other political subdivision, the Tennessee bureau of investigation and the federal bureau of investigation; and (B) Forward the applicant's fingerprints to the Tennessee bureau of investigation, which shall verify the identity of the applicant and shall conduct its own criminal conviction record check itself and forward the results of that investigation to the requesting county, city or other political subdivision. (2) If no disqualifying criminal conviction is identified by the county, city or other political subdivision or by the Tennessee bureau of investigation, the Tennessee bureau of investigation shall forward a set of the applicant's fingerprints to the federal bureau of investigation for verification of the applicant's identity and request the federal bureau of investigation to conduct a criminal conviction record check investigation using the fingerprints. (3) The results of criminal conviction record investigations shall be used for the limited purpose of determining the applicant's qualifications for a license to operate an adult-oriented establishment or for a permit to perform as an entertainer at an adult-oriented establishment. (c) Fingerprints shall be submitted on authorized fingerprint cards or by electronic, machine-readable data, or other means approved by the Tennessee bureau of investigation and the federal bureau of investigation. (d) Any cost incurred in conducting such criminal conviction records investigations shall be paid by the county, city or other political subdivision making the request of the Tennessee bureau of investigation or the federal bureau of investigation. The county, city or other political subdivision may include such cost as part of any fee it charges for processing the applicant's license or permit. Acts 2000, ch. 897, § 1.
(a) The general assembly hereby declares that conducting a criminal conviction record check of an applicant desiring a license to operate an adult-oriented establishment is for a law enforcement purpose and that conducting a criminal conviction record check of applicants desiring a permit to perform as an entertainer at an adult-oriented establishment is also for a law enforcement purpose. Notwithstanding § 7-51-1121(b) , or any other law to the contrary, those counties, cities or other political subdivisions that choose to license and regulate adult-oriented establishments and sexually-oriented businesses, either by adopting this part or by enacting and enforcing their own regulatory scheme that disqualifies an applicant for the conviction of a criminal act, shall require that all applicants for a license or permit to operate an adult-oriented establishment or to perform as an entertainer at an adult-oriented establishment shall submit a full set of fingerprints to the county, city or other political subdivision for positive identification of the applicant and the county, city or other political subdivision shall conduct a criminal conviction records check of the applicant.
(b) (1) Upon receipt of an application, the county, city or other political subdivision that licenses or permits operators or entertainers shall: (A) Conduct a criminal conviction record check through such computer terminals available to it or other means of access to criminal convictions that are maintained by the county, city or other political subdivision, the Tennessee bureau of investigation and the federal bureau of investigation; and (B) Forward the applicant's fingerprints to the Tennessee bureau of investigation, which shall verify the identity of the applicant and shall conduct its own criminal conviction record check itself and forward the results of that investigation to the requesting county, city or other political subdivision. (2) If no disqualifying criminal conviction is identified by the county, city or other political subdivision or by the Tennessee bureau of investigation, the Tennessee bureau of investigation shall forward a set of the applicant's fingerprints to the federal bureau of investigation for verification of the applicant's identity and request the federal bureau of investigation to conduct a criminal conviction record check investigation using the fingerprints. (3) The results of criminal conviction record investigations shall be used for the limited purpose of determining the applicant's qualifications for a license to operate an adult-oriented establishment or for a permit to perform as an entertainer at an adult-oriented establishment.
(1) Upon receipt of an application, the county, city or other political subdivision that licenses or permits operators or entertainers shall: (A) Conduct a criminal conviction record check through such computer terminals available to it or other means of access to criminal convictions that are maintained by the county, city or other political subdivision, the Tennessee bureau of investigation and the federal bureau of investigation; and (B) Forward the applicant's fingerprints to the Tennessee bureau of investigation, which shall verify the identity of the applicant and shall conduct its own criminal conviction record check itself and forward the results of that investigation to the requesting county, city or other political subdivision.
(A) Conduct a criminal conviction record check through such computer terminals available to it or other means of access to criminal convictions that are maintained by the county, city or other political subdivision, the Tennessee bureau of investigation and the federal bureau of investigation; and
(B) Forward the applicant's fingerprints to the Tennessee bureau of investigation, which shall verify the identity of the applicant and shall conduct its own criminal conviction record check itself and forward the results of that investigation to the requesting county, city or other political subdivision.
(2) If no disqualifying criminal conviction is identified by the county, city or other political subdivision or by the Tennessee bureau of investigation, the Tennessee bureau of investigation shall forward a set of the applicant's fingerprints to the federal bureau of investigation for verification of the applicant's identity and request the federal bureau of investigation to conduct a criminal conviction record check investigation using the fingerprints.
(3) The results of criminal conviction record investigations shall be used for the limited purpose of determining the applicant's qualifications for a license to operate an adult-oriented establishment or for a permit to perform as an entertainer at an adult-oriented establishment.
(c) Fingerprints shall be submitted on authorized fingerprint cards or by electronic, machine-readable data, or other means approved by the Tennessee bureau of investigation and the federal bureau of investigation.
(d) Any cost incurred in conducting such criminal conviction records investigations shall be paid by the county, city or other political subdivision making the request of the Tennessee bureau of investigation or the federal bureau of investigation. The county, city or other political subdivision may include such cost as part of any fee it charges for processing the applicant's license or permit.
Acts 2000, ch. 897, § 1.
Tenn. Code Ann. § 7-36-101 — TN Code / Title 7 / Chapter 36 / Section 7-36-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Municipal Energy Authority Act." Added by 2016 Tenn. Acts, ch. 995, s 1, eff. 4/27/2016.
This chapter shall be known and may be cited as the "Municipal Energy Authority Act."
Added by 2016 Tenn. Acts, ch. 995, s 1, eff. 4/27/2016.
Tenn. Code Ann. § 7-32-110 — TN Code / Title 7 / Chapter 32 / Section 7-32-110
Contractor's performance bond
Status: in_force

The successful bidder shall execute a bond to the city or town, in an amount equal to fifty percent (50%) of the entire contract price of the improvement, conditioned that the party shall well and truly perform all of the terms and conditions of the contract, in a good and workmanlike manner, and in accordance with the plans and specifications, which shall form part of the contract, and shall indemnify and hold the city harmless from all losses, costs, and expenses that it may sustain by reason of any negligence or default of such contractor. Acts 1913 (1st Ex. Sess.), ch. 18, § 3; Shan., § 1991a12; mod. Code 1932, § 3419; T.C.A. (orig. ed.), § 6-1110.
The successful bidder shall execute a bond to the city or town, in an amount equal to fifty percent (50%) of the entire contract price of the improvement, conditioned that the party shall well and truly perform all of the terms and conditions of the contract, in a good and workmanlike manner, and in accordance with the plans and specifications, which shall form part of the contract, and shall indemnify and hold the city harmless from all losses, costs, and expenses that it may sustain by reason of any negligence or default of such contractor.
Acts 1913 (1st Ex. Sess.), ch. 18, § 3; Shan., § 1991a12; mod. Code 1932, § 3419; T.C.A. (orig. ed.), § 6-1110.
Tenn. Code Ann. § 7-36-129 — TN Code / Title 7 / Chapter 36 / Section 7-36-129
Authority as public agency for purposes of Interlocal Cooperation Act
Status: in_force

The authority shall be considered a public agency for purposes of the Interlocal Cooperation Act, compiled in title 12, chapter 9. Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
The authority shall be considered a public agency for purposes of the Interlocal Cooperation Act, compiled in title 12, chapter 9.
Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
Tenn. Code Ann. § 7-4-107 — TN Code / Title 7 / Chapter 4 / Section 7-4-107
Records
Status: in_force

It is the duty of every operator liable for the collection and payment of any tax imposed by this chapter to keep and preserve for a period of three (3) years all records necessary to determine the amount of the tax, which records the tax collection official shall have the right to inspect at all reasonable times. Acts 1976, ch. 704, § 7; T.C.A., § 6-3732.
It is the duty of every operator liable for the collection and payment of any tax imposed by this chapter to keep and preserve for a period of three (3) years all records necessary to determine the amount of the tax, which records the tax collection official shall have the right to inspect at all reasonable times.
Acts 1976, ch. 704, § 7; T.C.A., § 6-3732.
Tenn. Code Ann. § 7-21-403 — TN Code / Title 7 / Chapter 21 / Section 7-21-403
Taxing authority
Status: in_force

(a) Any unified government created and established pursuant to this chapter shall be authorized and empowered, through its legislative branch, to levy every tax that a county or municipality is now authorized to levy or may hereafter be authorized to levy. (b) Any tax created, assessed, or levied prior to unification under this chapter by the county or any municipality shall continue unabated in favor of the unified government subsequent to unification of the county and such unified municipality. (c) The act of unification shall not affect the assessment, levy or collection of any tax within the county adopting unified government under this chapter, unless and until specific action with respect to the assessment, levy or collection of any tax is taken by the legislative body of the unified government. (d) When the amount of the authorized tax depends upon the population or area of the entire county, without regard to the exclusion of population or area that is or may have been within the boundaries of municipalities within the county, then the entire population and the total area of the county in which such unified government is established shall be determinative of the authorized levy. (e) The legislative body may create and establish such taxing districts, as in its judgment, are necessary and appropriate to fairly allocate such taxes. Acts 1991, ch. 497, § 403.
(a) Any unified government created and established pursuant to this chapter shall be authorized and empowered, through its legislative branch, to levy every tax that a county or municipality is now authorized to levy or may hereafter be authorized to levy.
(b) Any tax created, assessed, or levied prior to unification under this chapter by the county or any municipality shall continue unabated in favor of the unified government subsequent to unification of the county and such unified municipality.
(c) The act of unification shall not affect the assessment, levy or collection of any tax within the county adopting unified government under this chapter, unless and until specific action with respect to the assessment, levy or collection of any tax is taken by the legislative body of the unified government.
(d) When the amount of the authorized tax depends upon the population or area of the entire county, without regard to the exclusion of population or area that is or may have been within the boundaries of municipalities within the county, then the entire population and the total area of the county in which such unified government is established shall be determinative of the authorized levy.
(e) The legislative body may create and establish such taxing districts, as in its judgment, are necessary and appropriate to fairly allocate such taxes.
Acts 1991, ch. 497, § 403.
Tenn. Code Ann. § 7-35-413 — TN Code / Title 7 / Chapter 35 / Section 7-35-413
Records and reports
Status: in_force

The board shall keep a complete and accurate record of all meetings and actions taken, receipts and disbursements, and shall make reports of the records to the governing body of the city or town, at stated intervals, not to exceed one (1) year. The reports shall be in writing, and in open meeting of the governing body of the city or town, and a copy filed with the city or town clerk. Acts 1933, ch. 68, § 22; C. Supp. 1950, § 3695.22; T.C.A. (orig. ed.), § 6-1420.
The board shall keep a complete and accurate record of all meetings and actions taken, receipts and disbursements, and shall make reports of the records to the governing body of the city or town, at stated intervals, not to exceed one (1) year. The reports shall be in writing, and in open meeting of the governing body of the city or town, and a copy filed with the city or town clerk.
Acts 1933, ch. 68, § 22; C. Supp. 1950, § 3695.22; T.C.A. (orig. ed.), § 6-1420.
Tenn. Code Ann. § 7-86-101 — TN Code / Title 7 / Chapter 86 / Section 7-86-101
Short title
Status: in_force

This part shall be known and may be cited as the "Emergency Communications District Law." Acts 1984, ch. 867, § 1.
This part shall be known and may be cited as the "Emergency Communications District Law."
Acts 1984, ch. 867, § 1.
Tenn. Code Ann. § 7-33-118 — TN Code / Title 7 / Chapter 33 / Section 7-33-118
Assessments and bonds unaffected by irregularities
Status: in_force

Any failure on the part of any municipality to comply with any of the provisions of this part and part 2 of this chapter or chapter 32 of this title, and any failure in the existence or performance of any of the conditions precedent to the issuance of any bonds under such provisions, shall not affect the validity of such bonds or of the assessment made under the provisions, but shall be in all respects valid and binding. Acts 1913 (1st Ex. Sess.), ch. 18, § 11; Shan., § 1991a56; Code 1932, § 3463; modified; T.C.A. (orig. ed.), § 6-1218.
Any failure on the part of any municipality to comply with any of the provisions of this part and part 2 of this chapter or chapter 32 of this title, and any failure in the existence or performance of any of the conditions precedent to the issuance of any bonds under such provisions, shall not affect the validity of such bonds or of the assessment made under the provisions, but shall be in all respects valid and binding.
Acts 1913 (1st Ex. Sess.), ch. 18, § 11; Shan., § 1991a56; Code 1932, § 3463; modified; T.C.A. (orig. ed.), § 6-1218.
Tenn. Code Ann. § 7-51-1002 — TN Code / Title 7 / Chapter 51 / Section 7-51-1002
Governmental entity - Defined
Status: in_force

As used in this part, "governmental entity" means any political subdivision of the state of Tennessee and any municipality, metropolitan government, county or airport authority. Acts 1985, ch. 380, § 2.
As used in this part, "governmental entity" means any political subdivision of the state of Tennessee and any municipality, metropolitan government, county or airport authority.
Acts 1985, ch. 380, § 2.
Tenn. Code Ann. § 7-87-105 — TN Code / Title 7 / Chapter 87 / Section 7-87-105
Board of commissioners
Status: in_force

(a) (1) The governing body of the authority shall be a board of commissioners of eight (8) persons appointed by the executive officer of the municipality and approved by its governing body, none of whom shall have a financial interest in a port or its concessions, or be an employee of the municipality. (2) Commissioners first appointed to the board shall be appointed for terms of one (1), two (2), three (3), four (4), five (5), six (6), seven (7), and eight (8) years, respectively, but thereafter, each commissioner shall be appointed for a term of eight (8) years. (b) In the case of authorities created pursuant to the approval of two (2) or more municipalities acting jointly, the number of commissioners appointed by the chief executive officer and approved by the governing body of each municipality shall be as nearly equal as practicable. (c) All commissioners shall be of excellent character and reputation. (d) Any vacancy by reason of incapacity, resignation, or death shall be filled in like manner for the unexpired term. (e) A commissioner's term shall continue until the appointment and qualification of a successor. (f) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the municipality that appointed such commissioner, but only after notice of the cause of such removal has been served upon the commissioner and only after such commissioner has been granted an opportunity for a public hearing on such cause. (g) The board shall elect from among its members a chair, vice chair, and secretary, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure. A majority of the commissioners shall constitute a quorum for the transaction of business. Except as expressly otherwise specified in this chapter, all powers granted in this chapter to an authority shall be exercised by the board. (h) Commissioners shall receive no salary, but shall be reimbursed for necessary expenses incurred in the performance of their official duties. Acts 1995, ch. 432, § 5; 1997, ch. 233, §§ 1, 2.
(a) (1) The governing body of the authority shall be a board of commissioners of eight (8) persons appointed by the executive officer of the municipality and approved by its governing body, none of whom shall have a financial interest in a port or its concessions, or be an employee of the municipality. (2) Commissioners first appointed to the board shall be appointed for terms of one (1), two (2), three (3), four (4), five (5), six (6), seven (7), and eight (8) years, respectively, but thereafter, each commissioner shall be appointed for a term of eight (8) years.
(1) The governing body of the authority shall be a board of commissioners of eight (8) persons appointed by the executive officer of the municipality and approved by its governing body, none of whom shall have a financial interest in a port or its concessions, or be an employee of the municipality.
(2) Commissioners first appointed to the board shall be appointed for terms of one (1), two (2), three (3), four (4), five (5), six (6), seven (7), and eight (8) years, respectively, but thereafter, each commissioner shall be appointed for a term of eight (8) years.
(b) In the case of authorities created pursuant to the approval of two (2) or more municipalities acting jointly, the number of commissioners appointed by the chief executive officer and approved by the governing body of each municipality shall be as nearly equal as practicable.
(c) All commissioners shall be of excellent character and reputation.
(d) Any vacancy by reason of incapacity, resignation, or death shall be filled in like manner for the unexpired term.
(e) A commissioner's term shall continue until the appointment and qualification of a successor.
(f) A commissioner may be removed from office by a two-thirds (2/3) vote of the governing body of the municipality that appointed such commissioner, but only after notice of the cause of such removal has been served upon the commissioner and only after such commissioner has been granted an opportunity for a public hearing on such cause.
(g) The board shall elect from among its members a chair, vice chair, and secretary, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure. A majority of the commissioners shall constitute a quorum for the transaction of business. Except as expressly otherwise specified in this chapter, all powers granted in this chapter to an authority shall be exercised by the board.
(h) Commissioners shall receive no salary, but shall be reimbursed for necessary expenses incurred in the performance of their official duties.
Acts 1995, ch. 432, § 5; 1997, ch. 233, §§ 1, 2.
Tenn. Code Ann. § 7-52-611 — TN Code / Title 7 / Chapter 52 / Section 7-52-611
Customer right to action for damages
Status: in_force

A customer of a municipal electric system shall have a right of action to recover damages against such system pursuant to this part. Acts 1999, ch. 481, § 6.
A customer of a municipal electric system shall have a right of action to recover damages against such system pursuant to this part.
Acts 1999, ch. 481, § 6.
Tenn. Code Ann. § 7-51-301 — TN Code / Title 7 / Chapter 51 / Section 7-51-301
Minimum compensation of chief elected executive of certain municipalities
Status: in_force

(a) The minimum compensation payable to the chief elected executive of all municipalities or metropolitan governments having a population greater than one hundred seventy thousand (170,000), according to the 1970 federal census or any subsequent federal census, shall be twenty-five thousand dollars ($25,000) per annum, payable in equal monthly installments. (b) Any municipality or metropolitan government may provide for greater compensation for the chief elected executive. Acts 1971, ch. 345, § 1; T.C.A., § 6-808.
(a) The minimum compensation payable to the chief elected executive of all municipalities or metropolitan governments having a population greater than one hundred seventy thousand (170,000), according to the 1970 federal census or any subsequent federal census, shall be twenty-five thousand dollars ($25,000) per annum, payable in equal monthly installments.
(b) Any municipality or metropolitan government may provide for greater compensation for the chief elected executive.
Acts 1971, ch. 345, § 1; T.C.A., § 6-808.
Tenn. Code Ann. § 7-82-701 — TN Code / Title 7 / Chapter 82 / Section 7-82-701
Creation - "Utility system" defined - Composition - Terms - References to former boards
Status: in_force

(a) There is created in the office of the comptroller of the treasury a Tennessee board of utility regulation for the purpose of advising and directing utility systems in the area of utility management, and to determine and ensure the financial integrity of those utility systems. The board is charged with the responsibility of furthering the legislative objective of self-supporting water systems, wastewater facilities, and natural gas systems in this state and is deemed to be acting for the public welfare. (b) As used in this part, "utility system" includes: (1) The water, wastewater, or natural gas systems of a county, metropolitan government, or incorporated town or city; (2) A treatment authority created pursuant to: (A) The Water and Wastewater Treatment Authority Act, compiled in title 68, chapter 221, part 6; (B) The Regional Water and Wastewater Treatment Authority Act, compiled in title 68, chapter 221, part 13; or (C) Another public or private act of the general assembly that operates a water, wastewater, or natural gas facility; (3) The water, wastewater, and natural gas systems of an energy or utility authority created pursuant to the Municipal Energy Authority Act, compiled in title 7, chapter 36, or a private act of the general assembly; and (4) Any utility district created under this chapter, or any other public or private act of the general assembly. (c) (1) The board is composed of eleven (11) members as follows: (A) The comptroller of the treasury, or the comptroller's designee, who serves as chair; (B) The commissioner of environment and conservation, or the commissioner's designee, who serves as vice chair; (C) One (1) member, appointed by the governor, who represents the interests of utilities under the jurisdiction of the Tennessee board of utility regulation. The governor shall consult with the Tennessee Association of Utility Districts to determine a qualified person to fill this appointment; (D) One (1) member, appointed by the governor, who is an active municipal employee or elected official in a county that owns or operates a utility system, who represents the municipalities of this state. The governor shall consult with the Tennessee Municipal League to determine a qualified person to fill this appointment; (E) One (1) member, appointed by the governor, who represents the interests of minority citizens of this state. The member must have experience in governmental finance and not otherwise be a state employee; (F) One (1) member, appointed by the governor, who is an active employee or sits on the governing board of a municipal water utility under the jurisdiction of the Tennessee board of utility regulation. The governor shall consult with the Tennessee Association of Utility Districts to determine a qualified person to fill this appointment; (G) Two (2) members, appointed by the governor, who are active employees or commissioners of a utility district under the jurisdiction of the Tennessee board of utility regulation. The governor shall consult with the Tennessee Association of Utility Districts to determine qualified persons to fill these appointments; (H) One (1) member, appointed by the comptroller of the treasury; (I) One (1) member, appointed by the speaker of the senate, who sits on the governing body, or is an active employee, of a utility system; and (J) One (1) member, appointed by the speaker of the house, who sits on the governing body, or is an active employee, of a utility system. (2) In addition to the requirements for members in subdivision (c)(1), at least one (1) member must sit on the governing body or be an active employee of a utility system that owns or operates a natural gas system. (d) (1) Members are appointed to four-year terms; provided, that the initial appointments are for terms, not to exceed four (4) years, as are necessary so that the terms of no more than three (3) members of the board end in any one (1) year. (2) A board member continues to serve until a successor has been appointed. (3) Appointments to succeed a board member who is unable to serve the board member's full term are for the remainder of that term. (4) Board members are eligible for reappointment, but do not succeed themselves automatically. (5) Appointments to the board for the remainder of an unexpired term and reappointments must be made in the same manner as under subsection (c). (6) Each member of the board is entitled to receive reimbursement for the member's traveling and other necessary expenses actually incurred while engaged in the performance of any official duties when so authorized by the board, but such expenses must be made in accordance with the comprehensive state travel regulations duly promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (7) A majority of the board constitutes a quorum, and the concurrence of a majority of those present and voting on a matter is required for a determination of matters within the board's jurisdiction. (8) A board member shall not participate in making a decision in a case involving a utility system in which the board member has a direct financial interest, including a contract of employment. (9) The comptroller shall designate a staff person to serve as manager to the board. In that capacity, the designee shall report the proceedings of the board to the comptroller and perform such other duties as the board may require. (e) The Tennessee board of utility regulation combines the former utility management review board and the water and wastewater financing board. Any references to either board in state law, rules, or policy, are considered to refer to the Tennessee board of utility regulation. Amended by 2023 Tenn. Acts, ch. 463, s 23, eff. 7/1/2023. Amended by 2018 Tenn. Acts, ch. 688, s 1, eff. 4/9/2018. Amended by 2017 Tenn. Acts, ch. 129, s 1, eff. 4/17/2017. Amended by 2015 Tenn. Acts, ch. 140, Secs.s 4, s 5 eff. 4/17/2015. Acts 1987, ch. 422, § 10; 1989, ch. 400, §§ 1, 2; 1994, ch. 918, § 1; 2002, ch. 603, § 11; 2007 , ch. 86, § 1; 2009 , ch. 423, § 2.
(a) There is created in the office of the comptroller of the treasury a Tennessee board of utility regulation for the purpose of advising and directing utility systems in the area of utility management, and to determine and ensure the financial integrity of those utility systems. The board is charged with the responsibility of furthering the legislative objective of self-supporting water systems, wastewater facilities, and natural gas systems in this state and is deemed to be acting for the public welfare.
(b) As used in this part, "utility system" includes: (1) The water, wastewater, or natural gas systems of a county, metropolitan government, or incorporated town or city; (2) A treatment authority created pursuant to: (A) The Water and Wastewater Treatment Authority Act, compiled in title 68, chapter 221, part 6; (B) The Regional Water and Wastewater Treatment Authority Act, compiled in title 68, chapter 221, part 13; or (C) Another public or private act of the general assembly that operates a water, wastewater, or natural gas facility; (3) The water, wastewater, and natural gas systems of an energy or utility authority created pursuant to the Municipal Energy Authority Act, compiled in title 7, chapter 36, or a private act of the general assembly; and (4) Any utility district created under this chapter, or any other public or private act of the general assembly.
(1) The water, wastewater, or natural gas systems of a county, metropolitan government, or incorporated town or city;
(2) A treatment authority created pursuant to: (A) The Water and Wastewater Treatment Authority Act, compiled in title 68, chapter 221, part 6; (B) The Regional Water and Wastewater Treatment Authority Act, compiled in title 68, chapter 221, part 13; or (C) Another public or private act of the general assembly that operates a water, wastewater, or natural gas facility;
(A) The Water and Wastewater Treatment Authority Act, compiled in title 68, chapter 221, part 6;
(B) The Regional Water and Wastewater Treatment Authority Act, compiled in title 68, chapter 221, part 13; or
(C) Another public or private act of the general assembly that operates a water, wastewater, or natural gas facility;
(3) The water, wastewater, and natural gas systems of an energy or utility authority created pursuant to the Municipal Energy Authority Act, compiled in title 7, chapter 36, or a private act of the general assembly; and
(4) Any utility district created under this chapter, or any other public or private act of the general assembly.
(c) (1) The board is composed of eleven (11) members as follows: (A) The comptroller of the treasury, or the comptroller's designee, who serves as chair; (B) The commissioner of environment and conservation, or the commissioner's designee, who serves as vice chair; (C) One (1) member, appointed by the governor, who represents the interests of utilities under the jurisdiction of the Tennessee board of utility regulation. The governor shall consult with the Tennessee Association of Utility Districts to determine a qualified person to fill this appointment; (D) One (1) member, appointed by the governor, who is an active municipal employee or elected official in a county that owns or operates a utility system, who represents the municipalities of this state. The governor shall consult with the Tennessee Municipal League to determine a qualified person to fill this appointment; (E) One (1) member, appointed by the governor, who represents the interests of minority citizens of this state. The member must have experience in governmental finance and not otherwise be a state employee; (F) One (1) member, appointed by the governor, who is an active employee or sits on the governing board of a municipal water utility under the jurisdiction of the Tennessee board of utility regulation. The governor shall consult with the Tennessee Association of Utility Districts to determine a qualified person to fill this appointment; (G) Two (2) members, appointed by the governor, who are active employees or commissioners of a utility district under the jurisdiction of the Tennessee board of utility regulation. The governor shall consult with the Tennessee Association of Utility Districts to determine qualified persons to fill these appointments; (H) One (1) member, appointed by the comptroller of the treasury; (I) One (1) member, appointed by the speaker of the senate, who sits on the governing body, or is an active employee, of a utility system; and (J) One (1) member, appointed by the speaker of the house, who sits on the governing body, or is an active employee, of a utility system. (2) In addition to the requirements for members in subdivision (c)(1), at least one (1) member must sit on the governing body or be an active employee of a utility system that owns or operates a natural gas system.
(1) The board is composed of eleven (11) members as follows: (A) The comptroller of the treasury, or the comptroller's designee, who serves as chair; (B) The commissioner of environment and conservation, or the commissioner's designee, who serves as vice chair; (C) One (1) member, appointed by the governor, who represents the interests of utilities under the jurisdiction of the Tennessee board of utility regulation. The governor shall consult with the Tennessee Association of Utility Districts to determine a qualified person to fill this appointment; (D) One (1) member, appointed by the governor, who is an active municipal employee or elected official in a county that owns or operates a utility system, who represents the municipalities of this state. The governor shall consult with the Tennessee Municipal League to determine a qualified person to fill this appointment; (E) One (1) member, appointed by the governor, who represents the interests of minority citizens of this state. The member must have experience in governmental finance and not otherwise be a state employee; (F) One (1) member, appointed by the governor, who is an active employee or sits on the governing board of a municipal water utility under the jurisdiction of the Tennessee board of utility regulation. The governor shall consult with the Tennessee Association of Utility Districts to determine a qualified person to fill this appointment; (G) Two (2) members, appointed by the governor, who are active employees or commissioners of a utility district under the jurisdiction of the Tennessee board of utility regulation. The governor shall consult with the Tennessee Association of Utility Districts to determine qualified persons to fill these appointments; (H) One (1) member, appointed by the comptroller of the treasury; (I) One (1) member, appointed by the speaker of the senate, who sits on the governing body, or is an active employee, of a utility system; and (J) One (1) member, appointed by the speaker of the house, who sits on the governing body, or is an active employee, of a utility system.
(A) The comptroller of the treasury, or the comptroller's designee, who serves as chair;
(B) The commissioner of environment and conservation, or the commissioner's designee, who serves as vice chair;
(C) One (1) member, appointed by the governor, who represents the interests of utilities under the jurisdiction of the Tennessee board of utility regulation. The governor shall consult with the Tennessee Association of Utility Districts to determine a qualified person to fill this appointment;
(D) One (1) member, appointed by the governor, who is an active municipal employee or elected official in a county that owns or operates a utility system, who represents the municipalities of this state. The governor shall consult with the Tennessee Municipal League to determine a qualified person to fill this appointment;
(E) One (1) member, appointed by the governor, who represents the interests of minority citizens of this state. The member must have experience in governmental finance and not otherwise be a state employee;
(F) One (1) member, appointed by the governor, who is an active employee or sits on the governing board of a municipal water utility under the jurisdiction of the Tennessee board of utility regulation. The governor shall consult with the Tennessee Association of Utility Districts to determine a qualified person to fill this appointment;
(G) Two (2) members, appointed by the governor, who are active employees or commissioners of a utility district under the jurisdiction of the Tennessee board of utility regulation. The governor shall consult with the Tennessee Association of Utility Districts to determine qualified persons to fill these appointments;
(H) One (1) member, appointed by the comptroller of the treasury;
(I) One (1) member, appointed by the speaker of the senate, who sits on the governing body, or is an active employee, of a utility system; and
(J) One (1) member, appointed by the speaker of the house, who sits on the governing body, or is an active employee, of a utility system.
(2) In addition to the requirements for members in subdivision (c)(1), at least one (1) member must sit on the governing body or be an active employee of a utility system that owns or operates a natural gas system.
(d) (1) Members are appointed to four-year terms; provided, that the initial appointments are for terms, not to exceed four (4) years, as are necessary so that the terms of no more than three (3) members of the board end in any one (1) year. (2) A board member continues to serve until a successor has been appointed. (3) Appointments to succeed a board member who is unable to serve the board member's full term are for the remainder of that term. (4) Board members are eligible for reappointment, but do not succeed themselves automatically. (5) Appointments to the board for the remainder of an unexpired term and reappointments must be made in the same manner as under subsection (c). (6) Each member of the board is entitled to receive reimbursement for the member's traveling and other necessary expenses actually incurred while engaged in the performance of any official duties when so authorized by the board, but such expenses must be made in accordance with the comprehensive state travel regulations duly promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (7) A majority of the board constitutes a quorum, and the concurrence of a majority of those present and voting on a matter is required for a determination of matters within the board's jurisdiction. (8) A board member shall not participate in making a decision in a case involving a utility system in which the board member has a direct financial interest, including a contract of employment. (9) The comptroller shall designate a staff person to serve as manager to the board. In that capacity, the designee shall report the proceedings of the board to the comptroller and perform such other duties as the board may require.
(1) Members are appointed to four-year terms; provided, that the initial appointments are for terms, not to exceed four (4) years, as are necessary so that the terms of no more than three (3) members of the board end in any one (1) year.
(2) A board member continues to serve until a successor has been appointed.
(3) Appointments to succeed a board member who is unable to serve the board member's full term are for the remainder of that term.
(4) Board members are eligible for reappointment, but do not succeed themselves automatically.
(5) Appointments to the board for the remainder of an unexpired term and reappointments must be made in the same manner as under subsection (c).
(6) Each member of the board is entitled to receive reimbursement for the member's traveling and other necessary expenses actually incurred while engaged in the performance of any official duties when so authorized by the board, but such expenses must be made in accordance with the comprehensive state travel regulations duly promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(7) A majority of the board constitutes a quorum, and the concurrence of a majority of those present and voting on a matter is required for a determination of matters within the board's jurisdiction.
(8) A board member shall not participate in making a decision in a case involving a utility system in which the board member has a direct financial interest, including a contract of employment.
(9) The comptroller shall designate a staff person to serve as manager to the board. In that capacity, the designee shall report the proceedings of the board to the comptroller and perform such other duties as the board may require.
(e) The Tennessee board of utility regulation combines the former utility management review board and the water and wastewater financing board. Any references to either board in state law, rules, or policy, are considered to refer to the Tennessee board of utility regulation.
Amended by 2023 Tenn. Acts, ch. 463, s 23, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 688, s 1, eff. 4/9/2018.
Amended by 2017 Tenn. Acts, ch. 129, s 1, eff. 4/17/2017.
Amended by 2015 Tenn. Acts, ch. 140, Secs.s 4, s 5 eff. 4/17/2015.
Acts 1987, ch. 422, § 10; 1989, ch. 400, §§ 1, 2; 1994, ch. 918, § 1; 2002, ch. 603, § 11; 2007 , ch. 86, § 1; 2009 , ch. 423, § 2.
Tenn. Code Ann. § 7-4-203 — TN Code / Title 7 / Chapter 4 / Section 7-4-203
Privilege tax on contracted vehicles leaving public airports
Status: in_force

(a) (1) There is authorized a privilege tax on the privilege of contracted vehicles exiting public airports located within the boundaries of a metropolitan government. The tax shall only be effective upon the adoption of an ordinance by the metropolitan council to impose this privilege tax. (2) The tax shall be imposed only upon contracted vehicles that charge customers a separate fee for transportation from the airport, unless otherwise excluded in this part. (3) The tax shall be two dollars ($2.00) each time a contracted vehicle meeting the requirements of subdivision (a)(2) exits the airport while transporting customers from the airport located within the territory of the metropolitan government, but shall exclude noncommercial vehicles and equipment operated by the metropolitan transit authority. (b) The tax imposed by subsection (a) is a privilege tax upon the contracted vehicle exiting the airport and is to be collected and distributed as provided in this chapter. (c) The privilege tax is due each time a contracted vehicle to which this section applies leaves the airport. The operator of the contracted vehicle shall be responsible for keeping accurate records to determine the amount of the tax due and payable. That information shall be transmitted daily by the operator of the contracted vehicle to a designated individual within the business organization that hired the operator of the contracted vehicle. The privilege tax shall be remitted to the metropolitan tax collection official by a designated individual within the business organization no later than the twentieth of each month. (d) All revenues received by the metropolitan government from the privilege tax imposed pursuant to subsection (a) shall be deposited into a metropolitan government fund entitled "the convention center fund" and shall be used for the purpose of paying costs incurred in modification or construction of a publicly owned convention center in excess of four hundred million dollars ($400,000,000) in costs located within the territory of the metropolitan government. If the revenues from the surcharge or tax in any fiscal year exceeds the total of the debt service requirements from that year, the surplus revenue thus accruing shall be retained by the metropolitan government as a reserve fund for future debt service requirements. (e) In the event that the total bonded indebtedness incurred for the modification or construction of the convention center facility by the metropolitan government is paid in full as to bond principal and interest, including expenses of bond sale or sales, the metropolitan government's taxing resolution imposing the taxes authorized pursuant to subsection (a) shall be repealed and the taxes shall no longer be levied; provided, however, that any funds remaining in the reserve fund after all obligations imposed under this part have been fulfilled shall be used by the governmental board or agency responsible for the operation of the convention center for use by it in the promotion and advertisement of the convention center facilities. Acts 2007, ch. 422, § 4.
(a) (1) There is authorized a privilege tax on the privilege of contracted vehicles exiting public airports located within the boundaries of a metropolitan government. The tax shall only be effective upon the adoption of an ordinance by the metropolitan council to impose this privilege tax. (2) The tax shall be imposed only upon contracted vehicles that charge customers a separate fee for transportation from the airport, unless otherwise excluded in this part. (3) The tax shall be two dollars ($2.00) each time a contracted vehicle meeting the requirements of subdivision (a)(2) exits the airport while transporting customers from the airport located within the territory of the metropolitan government, but shall exclude noncommercial vehicles and equipment operated by the metropolitan transit authority.
(1) There is authorized a privilege tax on the privilege of contracted vehicles exiting public airports located within the boundaries of a metropolitan government. The tax shall only be effective upon the adoption of an ordinance by the metropolitan council to impose this privilege tax.
(2) The tax shall be imposed only upon contracted vehicles that charge customers a separate fee for transportation from the airport, unless otherwise excluded in this part.
(3) The tax shall be two dollars ($2.00) each time a contracted vehicle meeting the requirements of subdivision (a)(2) exits the airport while transporting customers from the airport located within the territory of the metropolitan government, but shall exclude noncommercial vehicles and equipment operated by the metropolitan transit authority.
(b) The tax imposed by subsection (a) is a privilege tax upon the contracted vehicle exiting the airport and is to be collected and distributed as provided in this chapter.
(c) The privilege tax is due each time a contracted vehicle to which this section applies leaves the airport. The operator of the contracted vehicle shall be responsible for keeping accurate records to determine the amount of the tax due and payable. That information shall be transmitted daily by the operator of the contracted vehicle to a designated individual within the business organization that hired the operator of the contracted vehicle. The privilege tax shall be remitted to the metropolitan tax collection official by a designated individual within the business organization no later than the twentieth of each month.
(d) All revenues received by the metropolitan government from the privilege tax imposed pursuant to subsection (a) shall be deposited into a metropolitan government fund entitled "the convention center fund" and shall be used for the purpose of paying costs incurred in modification or construction of a publicly owned convention center in excess of four hundred million dollars ($400,000,000) in costs located within the territory of the metropolitan government. If the revenues from the surcharge or tax in any fiscal year exceeds the total of the debt service requirements from that year, the surplus revenue thus accruing shall be retained by the metropolitan government as a reserve fund for future debt service requirements.
(e) In the event that the total bonded indebtedness incurred for the modification or construction of the convention center facility by the metropolitan government is paid in full as to bond principal and interest, including expenses of bond sale or sales, the metropolitan government's taxing resolution imposing the taxes authorized pursuant to subsection (a) shall be repealed and the taxes shall no longer be levied; provided, however, that any funds remaining in the reserve fund after all obligations imposed under this part have been fulfilled shall be used by the governmental board or agency responsible for the operation of the convention center for use by it in the promotion and advertisement of the convention center facilities.
Acts 2007, ch. 422, § 4.
Tenn. Code Ann. § 7-84-202 — TN Code / Title 7 / Chapter 84 / Section 7-84-202
Organization - Procedure - Contents of petition or resolution
Status: in_force

The organization of such a district shall be initiated in either of two (2) methods: (1) (A) By a petition filed in the office of the clerk of the governing body of the municipality signed by not less than a majority in number of the owners of real property in the district having an assessed value of not less than two-thirds (2/3) of the assessed value of all the real property proposed to be included in the district; (B) After the filing of the petition, no petitioner shall be permitted to withdraw such petitioner's name from the petition; (C) No petition with the requisite signatures shall be declared void on account of formal or insubstantial defects. The governing body, at any time, may permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular. Similar petitions for the organization of the same district may be filed and together shall be regarded as one (1) petition with the original. All such petitions filed prior to the hearing on the first petition filed shall be considered by the governing body in the same manner as if filed with the first petition placed on file; (D) The petition shall set forth: (i) The name of the proposed district, which shall include the name of the municipality in which the district is to be located, together with the words, "Central Business Improvement District"; (ii) A general description of the boundaries of the district or the territory to be included in the district, identified with sufficient certainty to enable a property owner to determine whether or not such property owner's property is within the district; (iii) A general description of the improvements to be constructed, installed or acquired within and for the district; (iv) The estimated cost of the proposed improvements; and (v) A prayer for the organization of the district; or (2) The governing body of a municipality may initiate the organization of a central business improvement district by adoption of a resolution containing the matters prescribed in subdivision (1)(D) for a petition. Acts 1971, ch. 268, § 5; T.C.A., § 6-3905; Acts 2007 , ch. 494, § 2.
The organization of such a district shall be initiated in either of two (2) methods:
(1) (A) By a petition filed in the office of the clerk of the governing body of the municipality signed by not less than a majority in number of the owners of real property in the district having an assessed value of not less than two-thirds (2/3) of the assessed value of all the real property proposed to be included in the district; (B) After the filing of the petition, no petitioner shall be permitted to withdraw such petitioner's name from the petition; (C) No petition with the requisite signatures shall be declared void on account of formal or insubstantial defects. The governing body, at any time, may permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular. Similar petitions for the organization of the same district may be filed and together shall be regarded as one (1) petition with the original. All such petitions filed prior to the hearing on the first petition filed shall be considered by the governing body in the same manner as if filed with the first petition placed on file; (D) The petition shall set forth: (i) The name of the proposed district, which shall include the name of the municipality in which the district is to be located, together with the words, "Central Business Improvement District"; (ii) A general description of the boundaries of the district or the territory to be included in the district, identified with sufficient certainty to enable a property owner to determine whether or not such property owner's property is within the district; (iii) A general description of the improvements to be constructed, installed or acquired within and for the district; (iv) The estimated cost of the proposed improvements; and (v) A prayer for the organization of the district; or
(A) By a petition filed in the office of the clerk of the governing body of the municipality signed by not less than a majority in number of the owners of real property in the district having an assessed value of not less than two-thirds (2/3) of the assessed value of all the real property proposed to be included in the district;
(B) After the filing of the petition, no petitioner shall be permitted to withdraw such petitioner's name from the petition;
(C) No petition with the requisite signatures shall be declared void on account of formal or insubstantial defects. The governing body, at any time, may permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular. Similar petitions for the organization of the same district may be filed and together shall be regarded as one (1) petition with the original. All such petitions filed prior to the hearing on the first petition filed shall be considered by the governing body in the same manner as if filed with the first petition placed on file;
(D) The petition shall set forth: (i) The name of the proposed district, which shall include the name of the municipality in which the district is to be located, together with the words, "Central Business Improvement District"; (ii) A general description of the boundaries of the district or the territory to be included in the district, identified with sufficient certainty to enable a property owner to determine whether or not such property owner's property is within the district; (iii) A general description of the improvements to be constructed, installed or acquired within and for the district; (iv) The estimated cost of the proposed improvements; and (v) A prayer for the organization of the district; or
(i) The name of the proposed district, which shall include the name of the municipality in which the district is to be located, together with the words, "Central Business Improvement District";
(ii) A general description of the boundaries of the district or the territory to be included in the district, identified with sufficient certainty to enable a property owner to determine whether or not such property owner's property is within the district;
(iii) A general description of the improvements to be constructed, installed or acquired within and for the district;
(iv) The estimated cost of the proposed improvements; and
(v) A prayer for the organization of the district; or
(2) The governing body of a municipality may initiate the organization of a central business improvement district by adoption of a resolution containing the matters prescribed in subdivision (1)(D) for a petition.
Acts 1971, ch. 268, § 5; T.C.A., § 6-3905; Acts 2007 , ch. 494, § 2.
Tenn. Code Ann. § 7-60-103 — TN Code / Title 7 / Chapter 60 / Section 7-60-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Bonds" or "notes" means the bonds and notes respectively authorized to be issued by counties under this chapter; (2) "County" means any county or any metropolitan form of government in this state having a population of two hundred thousand (200,000) or more, according to the 1980 federal census or any subsequent federal census, that by resolution has made the findings and determinations required by § 7-60-202 , and that shall exercise all powers granted and make all findings and determinations required under this chapter by means of resolution; (3) "Federal law" means the Mortgage Subsidy Bond Tax Act of 1980 ( 26 U.S.C. § 103 ); (4) "Home" means residential housing, including real property and improvements on real property, consisting of one (1) or more dwelling units, including, but not limited to, condominium units, owned by one (1) person or family of lower or moderate income that occupies or intends to occupy one (1) of such units; provided, that the total number of units financed by a single home mortgage may not exceed two (2); (5) (A) "Home mortgage" means an interest-bearing loan to a person or family of lower or moderate income for the purpose of purchasing or improving a home, constituting a first lien on real property and evidenced by a promissory note and secured by a mortgage, deed of trust or other security instrument on such home, but does not include a loan primarily for the purpose of refinancing an existing loan; provided, that such mortgage, deed of trust or other security instrument shall be guaranteed or insured by the United States, or any agency, department or instrumentality of the United States, or by any private mortgage insurance or surety company approved by the county, to the extent that such loan exceeds eighty percent (80%) of the lesser of: (i) The appraised value of the home at the time of its making; or (ii) The sales price of such home; (B) "Home mortgage" shall not be construed to encompass any loan made under the "qualified home improvement loan" provisions of this chapter; (6) "Housing for lower and moderate income persons and families" means modest housing that is decent, safe, sanitary and adequate for the needs of the size of the family within sales price limits that do not exceed the sales price limits established and published by the Tennessee housing development agency for each county or metropolitan government having a population of two hundred thousand (200,000) or more by the 1980 federal census or any subsequent federal census; (7) "Lending institution" means any bank, trust company, savings bank, national banking association, federal national mortgage association approved mortgage banker, savings and loan association, building and loan association, credit union, mortgage banker or other financial institution or governmental agency that customarily provides service or otherwise aids in the financing of mortgages on residential housing in the state or any holding company for any of the lending institutions and that is located in the state; (8) "Persons and families of low and moderate income" means persons and families, regardless of race, creed, national origin, age or sex, deemed to require such assistance as is made available by this chapter with the income limits established for each county by the governing body of such county, except that the income limits cannot exceed the income limits set by the Tennessee housing development agency for its programs. In establishing these income limits, the governing body of the county acting under this chapter shall be required to take into consideration, without limitation, such factors that will ensure for the citizens of such county the opportunity to live in equal quality housing relative to their needs, including the following: (A) The amount of the total income of such persons and families available for housing needs; (B) The size of the family; (C) The cost and condition of housing facilities available, including consideration of the following: (i) The cost of a typical dwelling lot; (ii) The cost of materials; (iii) The cost of labor; (iv) The cost of real estate taxes; and (v) The cost of home owners' or renters' insurance; (D) The eligibility of such persons and families for federal housing assistance of any type predicated upon a lower income basis; and (E) The ability of such persons and families to compete successfully in the private housing market and to pay the amounts prevailing in such market for decent, safe and sanitary housing; (9) "Purposes of this chapter" means ameliorating the deterioration of counties by preserving and expanding employment opportunities in the construction and related industries and the tax base of counties by undertaking or assisting in the financing of home mortgages for persons and families of lower and moderate income; (10) "Qualified home improvement loan" means an interest-bearing loan to a person of lower or moderate income for the purpose of improving a home, constituting either a first or second lien on real property and evidenced by a promissory note. No such loan shall be made for the sole purpose of refinancing an existing loan. Such loans must be with respect to a single-family residence. Such loans may be made for home improvements, including, but not limited to, renovation of plumbing or electric systems, installations of improved heating or air conditioning systems, the addition of additional living space, and the renovation of the kitchen area. However, no such loan shall be applied to the addition of swimming pools, tennis courts, saunas, or other recreation or entertainment facilities. "Qualified home improvement loans," to the extent practicable as determined by the underwriters of any bond issue, shall only be made in counties or metropolitan governments having a population of two hundred thousand (200,000) or more, according to the 1980 federal census or any subsequent federal census; and (11) "State" means the state of Tennessee. Acts 1979, ch. 439, § 1; T.C.A., § 6-4403; Acts 1980, ch. 878, § 1; 1981, ch. 410, § 1; 1981, ch. 504, §§ 5-9; 1984, ch. 799, § 3; 1984, ch. 800, §§ 1, 3.
As used in this chapter, unless the context otherwise requires:
(1) "Bonds" or "notes" means the bonds and notes respectively authorized to be issued by counties under this chapter;
(2) "County" means any county or any metropolitan form of government in this state having a population of two hundred thousand (200,000) or more, according to the 1980 federal census or any subsequent federal census, that by resolution has made the findings and determinations required by § 7-60-202 , and that shall exercise all powers granted and make all findings and determinations required under this chapter by means of resolution;
(3) "Federal law" means the Mortgage Subsidy Bond Tax Act of 1980 ( 26 U.S.C. § 103 );
(4) "Home" means residential housing, including real property and improvements on real property, consisting of one (1) or more dwelling units, including, but not limited to, condominium units, owned by one (1) person or family of lower or moderate income that occupies or intends to occupy one (1) of such units; provided, that the total number of units financed by a single home mortgage may not exceed two (2);
(5) (A) "Home mortgage" means an interest-bearing loan to a person or family of lower or moderate income for the purpose of purchasing or improving a home, constituting a first lien on real property and evidenced by a promissory note and secured by a mortgage, deed of trust or other security instrument on such home, but does not include a loan primarily for the purpose of refinancing an existing loan; provided, that such mortgage, deed of trust or other security instrument shall be guaranteed or insured by the United States, or any agency, department or instrumentality of the United States, or by any private mortgage insurance or surety company approved by the county, to the extent that such loan exceeds eighty percent (80%) of the lesser of: (i) The appraised value of the home at the time of its making; or (ii) The sales price of such home; (B) "Home mortgage" shall not be construed to encompass any loan made under the "qualified home improvement loan" provisions of this chapter;
(A) "Home mortgage" means an interest-bearing loan to a person or family of lower or moderate income for the purpose of purchasing or improving a home, constituting a first lien on real property and evidenced by a promissory note and secured by a mortgage, deed of trust or other security instrument on such home, but does not include a loan primarily for the purpose of refinancing an existing loan; provided, that such mortgage, deed of trust or other security instrument shall be guaranteed or insured by the United States, or any agency, department or instrumentality of the United States, or by any private mortgage insurance or surety company approved by the county, to the extent that such loan exceeds eighty percent (80%) of the lesser of: (i) The appraised value of the home at the time of its making; or (ii) The sales price of such home;
(i) The appraised value of the home at the time of its making; or
(ii) The sales price of such home;
(B) "Home mortgage" shall not be construed to encompass any loan made under the "qualified home improvement loan" provisions of this chapter;
(6) "Housing for lower and moderate income persons and families" means modest housing that is decent, safe, sanitary and adequate for the needs of the size of the family within sales price limits that do not exceed the sales price limits established and published by the Tennessee housing development agency for each county or metropolitan government having a population of two hundred thousand (200,000) or more by the 1980 federal census or any subsequent federal census;
(7) "Lending institution" means any bank, trust company, savings bank, national banking association, federal national mortgage association approved mortgage banker, savings and loan association, building and loan association, credit union, mortgage banker or other financial institution or governmental agency that customarily provides service or otherwise aids in the financing of mortgages on residential housing in the state or any holding company for any of the lending institutions and that is located in the state;
(8) "Persons and families of low and moderate income" means persons and families, regardless of race, creed, national origin, age or sex, deemed to require such assistance as is made available by this chapter with the income limits established for each county by the governing body of such county, except that the income limits cannot exceed the income limits set by the Tennessee housing development agency for its programs. In establishing these income limits, the governing body of the county acting under this chapter shall be required to take into consideration, without limitation, such factors that will ensure for the citizens of such county the opportunity to live in equal quality housing relative to their needs, including the following: (A) The amount of the total income of such persons and families available for housing needs; (B) The size of the family; (C) The cost and condition of housing facilities available, including consideration of the following: (i) The cost of a typical dwelling lot; (ii) The cost of materials; (iii) The cost of labor; (iv) The cost of real estate taxes; and (v) The cost of home owners' or renters' insurance; (D) The eligibility of such persons and families for federal housing assistance of any type predicated upon a lower income basis; and (E) The ability of such persons and families to compete successfully in the private housing market and to pay the amounts prevailing in such market for decent, safe and sanitary housing;
(A) The amount of the total income of such persons and families available for housing needs;
(B) The size of the family;
(C) The cost and condition of housing facilities available, including consideration of the following: (i) The cost of a typical dwelling lot; (ii) The cost of materials; (iii) The cost of labor; (iv) The cost of real estate taxes; and (v) The cost of home owners' or renters' insurance;
(i) The cost of a typical dwelling lot;
(ii) The cost of materials;
(iii) The cost of labor;
(iv) The cost of real estate taxes; and
(v) The cost of home owners' or renters' insurance;
(D) The eligibility of such persons and families for federal housing assistance of any type predicated upon a lower income basis; and
(E) The ability of such persons and families to compete successfully in the private housing market and to pay the amounts prevailing in such market for decent, safe and sanitary housing;
(9) "Purposes of this chapter" means ameliorating the deterioration of counties by preserving and expanding employment opportunities in the construction and related industries and the tax base of counties by undertaking or assisting in the financing of home mortgages for persons and families of lower and moderate income;
(10) "Qualified home improvement loan" means an interest-bearing loan to a person of lower or moderate income for the purpose of improving a home, constituting either a first or second lien on real property and evidenced by a promissory note. No such loan shall be made for the sole purpose of refinancing an existing loan. Such loans must be with respect to a single-family residence. Such loans may be made for home improvements, including, but not limited to, renovation of plumbing or electric systems, installations of improved heating or air conditioning systems, the addition of additional living space, and the renovation of the kitchen area. However, no such loan shall be applied to the addition of swimming pools, tennis courts, saunas, or other recreation or entertainment facilities. "Qualified home improvement loans," to the extent practicable as determined by the underwriters of any bond issue, shall only be made in counties or metropolitan governments having a population of two hundred thousand (200,000) or more, according to the 1980 federal census or any subsequent federal census; and
(11) "State" means the state of Tennessee.
Acts 1979, ch. 439, § 1; T.C.A., § 6-4403; Acts 1980, ch. 878, § 1; 1981, ch. 410, § 1; 1981, ch. 504, §§ 5-9; 1984, ch. 799, § 3; 1984, ch. 800, §§ 1, 3.
Tenn. Code Ann. § 7-86-112 — TN Code / Title 7 / Chapter 86 / Section 7-86-112
[Repealed]
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 795, s 3, eff. 1/1/2015. Acts 1984, ch. 867, § 12.
Repealed by 2014 Tenn. Acts, ch. 795, s 3, eff. 1/1/2015.
Acts 1984, ch. 867, § 12.
Tenn. Code Ann. § 7-35-304 — TN Code / Title 7 / Chapter 35 / Section 7-35-304
Enforcement of contracts
Status: in_force

Any contract or contracts made by the municipalities under the authority conferred by this chapter shall be binding and obligatory upon the municipalities, respectively, and may be enforced against the municipalities, or either of the municipalities, as any other contract obligation might be enforced. Acts 1897, ch. 76, § 4; Shan., § 1924a4; Code 1932, § 3340; T.C.A. (orig. ed.), § 6-1407.
Any contract or contracts made by the municipalities under the authority conferred by this chapter shall be binding and obligatory upon the municipalities, respectively, and may be enforced against the municipalities, or either of the municipalities, as any other contract obligation might be enforced.
Acts 1897, ch. 76, § 4; Shan., § 1924a4; Code 1932, § 3340; T.C.A. (orig. ed.), § 6-1407.
Tenn. Code Ann. § 7-89-104 — TN Code / Title 7 / Chapter 89 / Section 7-89-104
Adoption of resolution to form authority
Status: in_force

If the governing body of a municipality, by appropriate resolution duly adopted, finds and determines that it is wise, expedient, necessary or advisable that a convention center authority of the municipality be formed, authorizes the chief executive officer of the municipality to form the authority and approves the form of corporate charter proposed to be used in organizing the authority, then the chief executive officer of the municipality shall execute, acknowledge and file a charter for the authority as provided in § 7-89-106 . No authority may be formed unless the governing body of a municipality has adopted a resolution as provided in this section. Acts 2009, ch. 474, § 1.
If the governing body of a municipality, by appropriate resolution duly adopted, finds and determines that it is wise, expedient, necessary or advisable that a convention center authority of the municipality be formed, authorizes the chief executive officer of the municipality to form the authority and approves the form of corporate charter proposed to be used in organizing the authority, then the chief executive officer of the municipality shall execute, acknowledge and file a charter for the authority as provided in § 7-89-106 . No authority may be formed unless the governing body of a municipality has adopted a resolution as provided in this section.
Acts 2009, ch. 474, § 1.
Tenn. Code Ann. § 7-7-103 — TN Code / Title 7 / Chapter 7 / Section 7-7-103
Qualifications
Status: in_force

The qualifications of a metropolitan hearing officer are as follows: (1) A resident of the county, having been a resident for at least three (3) years immediately prior to appointment; and (2) An attorney in good standing and licensed to practice law in the state of Tennessee for at least three (3) years immediately prior to appointment. Acts 1983, ch. 346, § 3.
The qualifications of a metropolitan hearing officer are as follows:
(1) A resident of the county, having been a resident for at least three (3) years immediately prior to appointment; and
(2) An attorney in good standing and licensed to practice law in the state of Tennessee for at least three (3) years immediately prior to appointment.
Acts 1983, ch. 346, § 3.
Tenn. Code Ann. § 7-39-404 — TN Code / Title 7 / Chapter 39 / Section 7-39-404
Tax equivalents authorized - Conditions
Status: in_force

Notwithstanding any law to the contrary in this code or in any private act, every municipality may pay or cause to be paid from its gas system revenues for each fiscal year an amount for payments in lieu of taxes, referred to as "tax equivalents", on its gas system and gas operations, which, in the judgment of the municipality's governing body, shall represent the fair share cost of government properly to be borne by the municipality, subject, however, to the following conditions and limitations: (1) The total amount so paid as tax equivalents for each fiscal year shall not exceed a maximum amount equal to the sum of the following: (A) With respect to each of the respective taxing jurisdictions in which the municipality's gas system is located, the equalized property tax rate, determined as provided in this section, for the taxing jurisdiction as of the beginning of such fiscal year, multiplied by the net plant value of the gas system and the book value of materials and supplies within the taxing jurisdiction as of the beginning of such fiscal year, multiplied by the assessment ratio in effect as of the beginning of such fiscal year; and (B) Four percent (4%) of the average of revenue less cost of gas from gas operations for the preceding three (3) fiscal years; (2) Such tax equivalent payments shall be made only from gas system revenues remaining after payment of, or making reasonable provision for payment of: (A) Current gas system operating expenses, including salaries, wages, cost of materials and supplies, power at wholesale, and insurance; (B) Current payments of interest on indebtedness incurred or assumed by a municipality for the acquisition, extension, or improvement of the gas system, and the payment of principal amounts of such indebtedness, including sinking fund payments, when due; (C) Reasonable reserves for renewals, replacements, and contingencies; and (D) Cash working capital adequate to cover operating expenses for a reasonable number of weeks; (3) The total amount to be paid as tax equivalents for each fiscal year shall be in lieu of all state, county, city, and other local taxes or charges on the municipality's gas system and gas operations except as provided in subdivision (6); (4) The total amount to be paid as tax equivalents, including that to be paid for the municipality and any other taxing jurisdiction, for each fiscal year, determined in accordance with and subject to this part, shall be set forth in a resolution adopted by the municipality's governing body after consultation with the supervisory body, if different from the governing body, and the municipality's gas system shall pay to the municipality and any other specified taxing jurisdictions amounts as provided in that resolution. Such determination shall be made as early in such fiscal year as possible and shall become final at the end of such year; (5) Notwithstanding subdivisions (1)-(4), until the first fiscal year in which the aforementioned maximum amount for tax equivalents, calculated as provided in subdivision (1), exceeds the tax equivalent amount for the twelve (12) months ended June 30, 1987, the maximum tax equivalent amount that may be paid for any fiscal year shall not be less than the maximum tax equivalent amount for the twelve (12) months ended June 30, 1987. Thereafter, such maximum amount for any fiscal year shall not exceed the maximum amount calculated as provided in subdivision (1). All such maximum amounts shall be subject to the conditions and limitations of subdivisions (2)-(4); and (6) Notwithstanding anything in subdivisions (1)-(5) that might be construed to the contrary, properly authorized retail sales or use taxes on gas energy at the same rates applicable generally to sales or use of personal property or services shall not be considered a tax or charge on the municipality's gas system or its gas operations or properties for purposes of this part. Acts 1987, ch. 220, § 5.
Notwithstanding any law to the contrary in this code or in any private act, every municipality may pay or cause to be paid from its gas system revenues for each fiscal year an amount for payments in lieu of taxes, referred to as "tax equivalents", on its gas system and gas operations, which, in the judgment of the municipality's governing body, shall represent the fair share cost of government properly to be borne by the municipality, subject, however, to the following conditions and limitations:
(1) The total amount so paid as tax equivalents for each fiscal year shall not exceed a maximum amount equal to the sum of the following: (A) With respect to each of the respective taxing jurisdictions in which the municipality's gas system is located, the equalized property tax rate, determined as provided in this section, for the taxing jurisdiction as of the beginning of such fiscal year, multiplied by the net plant value of the gas system and the book value of materials and supplies within the taxing jurisdiction as of the beginning of such fiscal year, multiplied by the assessment ratio in effect as of the beginning of such fiscal year; and (B) Four percent (4%) of the average of revenue less cost of gas from gas operations for the preceding three (3) fiscal years;
(A) With respect to each of the respective taxing jurisdictions in which the municipality's gas system is located, the equalized property tax rate, determined as provided in this section, for the taxing jurisdiction as of the beginning of such fiscal year, multiplied by the net plant value of the gas system and the book value of materials and supplies within the taxing jurisdiction as of the beginning of such fiscal year, multiplied by the assessment ratio in effect as of the beginning of such fiscal year; and
(B) Four percent (4%) of the average of revenue less cost of gas from gas operations for the preceding three (3) fiscal years;
(2) Such tax equivalent payments shall be made only from gas system revenues remaining after payment of, or making reasonable provision for payment of: (A) Current gas system operating expenses, including salaries, wages, cost of materials and supplies, power at wholesale, and insurance; (B) Current payments of interest on indebtedness incurred or assumed by a municipality for the acquisition, extension, or improvement of the gas system, and the payment of principal amounts of such indebtedness, including sinking fund payments, when due; (C) Reasonable reserves for renewals, replacements, and contingencies; and (D) Cash working capital adequate to cover operating expenses for a reasonable number of weeks;
(A) Current gas system operating expenses, including salaries, wages, cost of materials and supplies, power at wholesale, and insurance;
(B) Current payments of interest on indebtedness incurred or assumed by a municipality for the acquisition, extension, or improvement of the gas system, and the payment of principal amounts of such indebtedness, including sinking fund payments, when due;
(C) Reasonable reserves for renewals, replacements, and contingencies; and
(D) Cash working capital adequate to cover operating expenses for a reasonable number of weeks;
(3) The total amount to be paid as tax equivalents for each fiscal year shall be in lieu of all state, county, city, and other local taxes or charges on the municipality's gas system and gas operations except as provided in subdivision (6);
(4) The total amount to be paid as tax equivalents, including that to be paid for the municipality and any other taxing jurisdiction, for each fiscal year, determined in accordance with and subject to this part, shall be set forth in a resolution adopted by the municipality's governing body after consultation with the supervisory body, if different from the governing body, and the municipality's gas system shall pay to the municipality and any other specified taxing jurisdictions amounts as provided in that resolution. Such determination shall be made as early in such fiscal year as possible and shall become final at the end of such year;
(5) Notwithstanding subdivisions (1)-(4), until the first fiscal year in which the aforementioned maximum amount for tax equivalents, calculated as provided in subdivision (1), exceeds the tax equivalent amount for the twelve (12) months ended June 30, 1987, the maximum tax equivalent amount that may be paid for any fiscal year shall not be less than the maximum tax equivalent amount for the twelve (12) months ended June 30, 1987. Thereafter, such maximum amount for any fiscal year shall not exceed the maximum amount calculated as provided in subdivision (1). All such maximum amounts shall be subject to the conditions and limitations of subdivisions (2)-(4); and
(6) Notwithstanding anything in subdivisions (1)-(5) that might be construed to the contrary, properly authorized retail sales or use taxes on gas energy at the same rates applicable generally to sales or use of personal property or services shall not be considered a tax or charge on the municipality's gas system or its gas operations or properties for purposes of this part.
Acts 1987, ch. 220, § 5.
Tenn. Code Ann. § 7-33-302 — TN Code / Title 7 / Chapter 33 / Section 7-33-302
Improvements authorized - Authority supplemental - Abandonment of alternative procedures - Limitations - Financing of improvements
Status: in_force

(a) Municipalities are authorized to provide for, construct, and finance improvements defined in § 7-33-301 according to the plan set forth in this part. (b) The authority hereby conferred is not intended to be in derogation of any authority otherwise conferred upon any municipality, but is alternative and in addition to such authority. (c) If a municipality has taken any step or steps under any other law to provide for, construct or finance such improvements, it may by resolution abandon the procedure under the other law and proceed under this part. (d) The issuance of bonds under this part shall not be subject to any limitations on municipal indebtedness imposed by any city charter or public or private act. (e) This part shall not require financing of improvements authorized in this part by the issuance of bonds. A municipality may pay for or finance improvements authorized to be made within this part by any other means authorized by charter or state law, and may recover the cost of payment or financing such improvements in the same manner set forth in this part for the issuance of bonds. Acts 1961, ch. 311, § 2; T.C.A., § 6-1252; Acts 1987, ch. 81, § 1.
(a) Municipalities are authorized to provide for, construct, and finance improvements defined in § 7-33-301 according to the plan set forth in this part.
(b) The authority hereby conferred is not intended to be in derogation of any authority otherwise conferred upon any municipality, but is alternative and in addition to such authority.
(c) If a municipality has taken any step or steps under any other law to provide for, construct or finance such improvements, it may by resolution abandon the procedure under the other law and proceed under this part.
(d) The issuance of bonds under this part shall not be subject to any limitations on municipal indebtedness imposed by any city charter or public or private act.
(e) This part shall not require financing of improvements authorized in this part by the issuance of bonds. A municipality may pay for or finance improvements authorized to be made within this part by any other means authorized by charter or state law, and may recover the cost of payment or financing such improvements in the same manner set forth in this part for the issuance of bonds.
Acts 1961, ch. 311, § 2; T.C.A., § 6-1252; Acts 1987, ch. 81, § 1.
Tenn. Code Ann. § 7-53-316 — TN Code / Title 7 / Chapter 53 / Section 7-53-316
Redevelopment of brownfield sites in economically disadvantaged areas
Status: in_force

(a) It is the intent of the general assembly to encourage the redevelopment of brownfield sites in this state. Such redevelopment may include a solar power facility, as defined by § 66-9-207(a)(5)(A) . In addition to the authorization provided in § 7-53-312 , a corporation located in a municipality in which a brownfield redevelopment project is located may prepare and submit to the municipality for approval an economic impact plan with respect to the brownfield redevelopment project in the manner provided in this section. Except to the extent modified under this section, § 7-53-312 applies to an economic impact plan for a brownfield redevelopment project. (b) An economic impact plan submitted for approval under this section shall provide that the property taxes imposed on the property, including the personal property located within the area subject to the plan, the sales taxes imposed upon sales within the area subject to the plan, the sales taxes imposed upon construction and related development or redevelopment activity in the area subject to the plan, or any combination and amount of such property and sales taxes, will be distributable in the manner described in subsection (c) and § 7-53-312(c) , as applicable, and used for the purposes permitted by subsection (e). (c) In addition to the allocation of property taxes provided in § 7-53-312 , an economic impact plan may further provide that the non-school portion of the local sales tax increment shall be allocated to and, when received, shall be paid into a separate fund of the corporation established to hold such payments, along with any other amounts received by the corporation pursuant to this section or § 7-53-312 , until applied for the purposes described in subsection (e) pursuant to the economic impact plan. In calculating the non-school portion of the local sales tax increment, the plan may also include any new local sales taxes received from construction or related redevelopment activity occurring within the area subject to the plan. Upon the approval by a municipality of an economic impact plan containing all or any portion of the permitted excess local sales taxes, the local sales taxes received by the municipality shall be divided and allocated as so provided. (d) Notwithstanding § 7-53-312 to the contrary, the corporation may prepare, and the municipality may approve, an economic impact plan that allocates an amount greater than the base tax amount and the base sales tax amount to the taxing agencies. (e) All sales and property taxes allocated for an economic impact plan approved pursuant to this section shall only be applied by the corporation to pay expenses of the corporation in furtherance of economic development in the municipality, to pay or reimburse qualified costs or to pay debt service on bonds or other obligations issued by the corporation to finance any of the foregoing. The corporation shall cease to receive allocations described in this section and § 7-53-312(c) upon the maturity of the original bond or obligation used to finance the project, whose maximum amount of debt maturity must be no longer than thirty (30) years. (f) As used in this section, unless the context otherwise requires: (1) "Base sales tax amount" means the revenues received by the municipality from local sales taxes, excluding that portion of the local sales tax dedicated for school purposes, from the area subject to the plan for the fiscal year of the municipality immediately prior to the year in which the plan is adopted. "Local sales taxes" means taxes received by the municipality pursuant to the 1963 Local Option Revenue Act, compiled in title 67, chapter 6, part 7, excluding that portion of the local sales taxes dedicated for school purposes; (2) "Brownfield redevelopment project": (A) Means the development or redevelopment, in one (1) or more phases as specified in the economic impact plan, of all or a portion of a parcel or parcels of contiguous, adjacent, or related properties. The parcel or parcels must contain: (i) At least one (1) brownfield site; or (ii) A site of at least ten (10) acres that has remained vacant or substantially unoccupied for at least five (5) years and, at any time within twenty (20) years prior to June 1, 2011, included manufacturing, industrial, distribution, or retail facilities, in total, containing at least one million square feet (1,000,000 sq. ft.); and (B) Includes a project as defined in § 7-53-101 and a publicly or privately owned or operated retail, commercial, industrial, or mixed-use facility, including a visitor center, recreation, administrative facilities, offices, restaurants, and other amenities constructed or acquired as part of the project; (3) "Brownfield site" means a parcel or adjacent or related parcels of real property that is currently, or at any time since January 1, 2000, has been the subject of an investigation, remediation, or mitigation as a brownfield project under a voluntary agreement or consent order pursuant to § 68-212-224 ; (4) "Non-school portion of the local sales tax increment" means any excess of local sales taxes, after deducting the portion that is statutorily designated for school purposes, over the base sales tax amount that is received by each municipality that has approved the economic impact plan from the specified sales and development activity in the area that is subject to the plan; and (5) "Qualified costs" include: (A) Public infrastructure costs, including, but not limited to, costs for all roads, streets, sidewalks, access ways, ramps, bridges, landscaping, signage, utility facilities, grading, drainage, parks, plazas, greenways, public parking facilities, public recreational facilities, public educational facilities, public meeting facilities, and similar improvements that are necessary for or otherwise useful for the brownfield redevelopment project or for the development or redevelopment of the area subject to the economic impact plan; (B) All administrative, architectural, legal, engineering, and other expenses as may be necessary or incidental to the development and implementation of the economic impact plan or the financing of expenses under this section; (C) Costs that are directly related to the investigation, remediation, or mitigation of the brownfield redevelopment project as required by a voluntary agreement or consent order pursuant to § 68-212-224 ; (D) Costs of acquisition of the project site; and (E) Costs of improvements to the project site, including, but not limited to, demolition, clearing, grading, utility connections to public or private utilities, buildings constructed on the project site, landscaping for the project site, and stormwater facilities on the project site; (g) A brownfield redevelopment project shall be a project for purposes of § 7-53-101 and for all other purposes under this chapter. Amended by 2024 Tenn. Acts, ch. 705,s 5, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 86, Secs.s 2, s 3, s 4, s 5, s 6 eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 86, s 1, eff. 7/1/2023. Amended by 2019 Tenn. Acts, ch. 257, Secs.s 1, s 2, s 3, s 4, s 5, s 6, s 7 eff. 4/30/2019. Acts 2011 , ch. 384, § 1.
(a) It is the intent of the general assembly to encourage the redevelopment of brownfield sites in this state. Such redevelopment may include a solar power facility, as defined by § 66-9-207(a)(5)(A) . In addition to the authorization provided in § 7-53-312 , a corporation located in a municipality in which a brownfield redevelopment project is located may prepare and submit to the municipality for approval an economic impact plan with respect to the brownfield redevelopment project in the manner provided in this section. Except to the extent modified under this section, § 7-53-312 applies to an economic impact plan for a brownfield redevelopment project.
(b) An economic impact plan submitted for approval under this section shall provide that the property taxes imposed on the property, including the personal property located within the area subject to the plan, the sales taxes imposed upon sales within the area subject to the plan, the sales taxes imposed upon construction and related development or redevelopment activity in the area subject to the plan, or any combination and amount of such property and sales taxes, will be distributable in the manner described in subsection (c) and § 7-53-312(c) , as applicable, and used for the purposes permitted by subsection (e).
(c) In addition to the allocation of property taxes provided in § 7-53-312 , an economic impact plan may further provide that the non-school portion of the local sales tax increment shall be allocated to and, when received, shall be paid into a separate fund of the corporation established to hold such payments, along with any other amounts received by the corporation pursuant to this section or § 7-53-312 , until applied for the purposes described in subsection (e) pursuant to the economic impact plan. In calculating the non-school portion of the local sales tax increment, the plan may also include any new local sales taxes received from construction or related redevelopment activity occurring within the area subject to the plan. Upon the approval by a municipality of an economic impact plan containing all or any portion of the permitted excess local sales taxes, the local sales taxes received by the municipality shall be divided and allocated as so provided.
(d) Notwithstanding § 7-53-312 to the contrary, the corporation may prepare, and the municipality may approve, an economic impact plan that allocates an amount greater than the base tax amount and the base sales tax amount to the taxing agencies.
(e) All sales and property taxes allocated for an economic impact plan approved pursuant to this section shall only be applied by the corporation to pay expenses of the corporation in furtherance of economic development in the municipality, to pay or reimburse qualified costs or to pay debt service on bonds or other obligations issued by the corporation to finance any of the foregoing. The corporation shall cease to receive allocations described in this section and § 7-53-312(c) upon the maturity of the original bond or obligation used to finance the project, whose maximum amount of debt maturity must be no longer than thirty (30) years.
(f) As used in this section, unless the context otherwise requires: (1) "Base sales tax amount" means the revenues received by the municipality from local sales taxes, excluding that portion of the local sales tax dedicated for school purposes, from the area subject to the plan for the fiscal year of the municipality immediately prior to the year in which the plan is adopted. "Local sales taxes" means taxes received by the municipality pursuant to the 1963 Local Option Revenue Act, compiled in title 67, chapter 6, part 7, excluding that portion of the local sales taxes dedicated for school purposes; (2) "Brownfield redevelopment project": (A) Means the development or redevelopment, in one (1) or more phases as specified in the economic impact plan, of all or a portion of a parcel or parcels of contiguous, adjacent, or related properties. The parcel or parcels must contain: (i) At least one (1) brownfield site; or (ii) A site of at least ten (10) acres that has remained vacant or substantially unoccupied for at least five (5) years and, at any time within twenty (20) years prior to June 1, 2011, included manufacturing, industrial, distribution, or retail facilities, in total, containing at least one million square feet (1,000,000 sq. ft.); and (B) Includes a project as defined in § 7-53-101 and a publicly or privately owned or operated retail, commercial, industrial, or mixed-use facility, including a visitor center, recreation, administrative facilities, offices, restaurants, and other amenities constructed or acquired as part of the project; (3) "Brownfield site" means a parcel or adjacent or related parcels of real property that is currently, or at any time since January 1, 2000, has been the subject of an investigation, remediation, or mitigation as a brownfield project under a voluntary agreement or consent order pursuant to § 68-212-224 ; (4) "Non-school portion of the local sales tax increment" means any excess of local sales taxes, after deducting the portion that is statutorily designated for school purposes, over the base sales tax amount that is received by each municipality that has approved the economic impact plan from the specified sales and development activity in the area that is subject to the plan; and (5) "Qualified costs" include: (A) Public infrastructure costs, including, but not limited to, costs for all roads, streets, sidewalks, access ways, ramps, bridges, landscaping, signage, utility facilities, grading, drainage, parks, plazas, greenways, public parking facilities, public recreational facilities, public educational facilities, public meeting facilities, and similar improvements that are necessary for or otherwise useful for the brownfield redevelopment project or for the development or redevelopment of the area subject to the economic impact plan; (B) All administrative, architectural, legal, engineering, and other expenses as may be necessary or incidental to the development and implementation of the economic impact plan or the financing of expenses under this section; (C) Costs that are directly related to the investigation, remediation, or mitigation of the brownfield redevelopment project as required by a voluntary agreement or consent order pursuant to § 68-212-224 ; (D) Costs of acquisition of the project site; and (E) Costs of improvements to the project site, including, but not limited to, demolition, clearing, grading, utility connections to public or private utilities, buildings constructed on the project site, landscaping for the project site, and stormwater facilities on the project site;
(1) "Base sales tax amount" means the revenues received by the municipality from local sales taxes, excluding that portion of the local sales tax dedicated for school purposes, from the area subject to the plan for the fiscal year of the municipality immediately prior to the year in which the plan is adopted. "Local sales taxes" means taxes received by the municipality pursuant to the 1963 Local Option Revenue Act, compiled in title 67, chapter 6, part 7, excluding that portion of the local sales taxes dedicated for school purposes;
(2) "Brownfield redevelopment project": (A) Means the development or redevelopment, in one (1) or more phases as specified in the economic impact plan, of all or a portion of a parcel or parcels of contiguous, adjacent, or related properties. The parcel or parcels must contain: (i) At least one (1) brownfield site; or (ii) A site of at least ten (10) acres that has remained vacant or substantially unoccupied for at least five (5) years and, at any time within twenty (20) years prior to June 1, 2011, included manufacturing, industrial, distribution, or retail facilities, in total, containing at least one million square feet (1,000,000 sq. ft.); and (B) Includes a project as defined in § 7-53-101 and a publicly or privately owned or operated retail, commercial, industrial, or mixed-use facility, including a visitor center, recreation, administrative facilities, offices, restaurants, and other amenities constructed or acquired as part of the project;
(A) Means the development or redevelopment, in one (1) or more phases as specified in the economic impact plan, of all or a portion of a parcel or parcels of contiguous, adjacent, or related properties. The parcel or parcels must contain: (i) At least one (1) brownfield site; or (ii) A site of at least ten (10) acres that has remained vacant or substantially unoccupied for at least five (5) years and, at any time within twenty (20) years prior to June 1, 2011, included manufacturing, industrial, distribution, or retail facilities, in total, containing at least one million square feet (1,000,000 sq. ft.); and
(i) At least one (1) brownfield site; or
(ii) A site of at least ten (10) acres that has remained vacant or substantially unoccupied for at least five (5) years and, at any time within twenty (20) years prior to June 1, 2011, included manufacturing, industrial, distribution, or retail facilities, in total, containing at least one million square feet (1,000,000 sq. ft.); and
(B) Includes a project as defined in § 7-53-101 and a publicly or privately owned or operated retail, commercial, industrial, or mixed-use facility, including a visitor center, recreation, administrative facilities, offices, restaurants, and other amenities constructed or acquired as part of the project;
(3) "Brownfield site" means a parcel or adjacent or related parcels of real property that is currently, or at any time since January 1, 2000, has been the subject of an investigation, remediation, or mitigation as a brownfield project under a voluntary agreement or consent order pursuant to § 68-212-224 ;
(4) "Non-school portion of the local sales tax increment" means any excess of local sales taxes, after deducting the portion that is statutorily designated for school purposes, over the base sales tax amount that is received by each municipality that has approved the economic impact plan from the specified sales and development activity in the area that is subject to the plan; and
(5) "Qualified costs" include: (A) Public infrastructure costs, including, but not limited to, costs for all roads, streets, sidewalks, access ways, ramps, bridges, landscaping, signage, utility facilities, grading, drainage, parks, plazas, greenways, public parking facilities, public recreational facilities, public educational facilities, public meeting facilities, and similar improvements that are necessary for or otherwise useful for the brownfield redevelopment project or for the development or redevelopment of the area subject to the economic impact plan; (B) All administrative, architectural, legal, engineering, and other expenses as may be necessary or incidental to the development and implementation of the economic impact plan or the financing of expenses under this section; (C) Costs that are directly related to the investigation, remediation, or mitigation of the brownfield redevelopment project as required by a voluntary agreement or consent order pursuant to § 68-212-224 ; (D) Costs of acquisition of the project site; and (E) Costs of improvements to the project site, including, but not limited to, demolition, clearing, grading, utility connections to public or private utilities, buildings constructed on the project site, landscaping for the project site, and stormwater facilities on the project site;
(A) Public infrastructure costs, including, but not limited to, costs for all roads, streets, sidewalks, access ways, ramps, bridges, landscaping, signage, utility facilities, grading, drainage, parks, plazas, greenways, public parking facilities, public recreational facilities, public educational facilities, public meeting facilities, and similar improvements that are necessary for or otherwise useful for the brownfield redevelopment project or for the development or redevelopment of the area subject to the economic impact plan;
(B) All administrative, architectural, legal, engineering, and other expenses as may be necessary or incidental to the development and implementation of the economic impact plan or the financing of expenses under this section;
(C) Costs that are directly related to the investigation, remediation, or mitigation of the brownfield redevelopment project as required by a voluntary agreement or consent order pursuant to § 68-212-224 ;
(D) Costs of acquisition of the project site; and
(E) Costs of improvements to the project site, including, but not limited to, demolition, clearing, grading, utility connections to public or private utilities, buildings constructed on the project site, landscaping for the project site, and stormwater facilities on the project site;
(g) A brownfield redevelopment project shall be a project for purposes of § 7-53-101 and for all other purposes under this chapter.
Amended by 2024 Tenn. Acts, ch. 705,s 5, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 86, Secs.s 2, s 3, s 4, s 5, s 6 eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 86, s 1, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 257, Secs.s 1, s 2, s 3, s 4, s 5, s 6, s 7 eff. 4/30/2019.
Acts 2011 , ch. 384, § 1.
Tenn. Code Ann. § 7-36-131 — TN Code / Title 7 / Chapter 36 / Section 7-36-131
Powers conferred by chapter additional to other powers
Status: in_force

The powers conferred by this chapter shall be in addition, and supplemental, to the powers conferred by any other law. Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
The powers conferred by this chapter shall be in addition, and supplemental, to the powers conferred by any other law.
Added by 2016 Tenn. Acts, ch. 995,s 1, eff. 4/27/2016.
Tenn. Code Ann. § 7-62-103 — TN Code / Title 7 / Chapter 62 / Section 7-62-103
Authorization to require licensing
Status: in_force

The several cities, towns and counties of this state are hereby authorized and empowered to enact laws or ordinances to safeguard and protect the home owner or prospective home owner, commercial property owner or assembly building property owner, by requiring the licensing of the residential, commercial or assembly builders and residential, commercial and assembly maintenance and alteration contractors as defined in § 7-62-102 in accordance with the provisions set forth in such law or ordinance. Acts 1963, ch. 317, § 1; T.C.A., § 6-734.
The several cities, towns and counties of this state are hereby authorized and empowered to enact laws or ordinances to safeguard and protect the home owner or prospective home owner, commercial property owner or assembly building property owner, by requiring the licensing of the residential, commercial or assembly builders and residential, commercial and assembly maintenance and alteration contractors as defined in § 7-62-102 in accordance with the provisions set forth in such law or ordinance.
Acts 1963, ch. 317, § 1; T.C.A., § 6-734.
Tenn. Code Ann. § 7-90-123 — TN Code / Title 7 / Chapter 90 / Section 7-90-123
Approval of project
Status: in_force

(a) Notwithstanding any language in this chapter to the contrary, subsequent to initiation by an authority of a project or prior to acting upon any inducement or commitment related to such proposed project, the authority shall, with respect to each proposed project, make an application to THEC for THEC approval of the project and any debt issuance following THEC's review of a feasibility study relative to the need for the proposed medical education program described in the application and, if debt is to be issued, the capacity of the proposed project and the associated medical education program to pay the principal, interest and costs of issuance of any debt to be incurred. THEC shall develop a policy specifying any information, documents or data that will be required in making an application required by this section, which shall include, but not be limited to: (1) The type of medical education program that will be offered, to include the specific degree or degrees to be awarded; (2) The anticipated number of students to be served by the proposed project for each degree being offered; (3) Conceptual plans and cost estimates related to the facility to house the proposed medical education program; (4) A copy of any known feasibility study or studies related to the proposed project; (5) Information to ensure that the medical education program will not negatively impact an existing institution in the state or region of the same or similar type or with the same or similar mission; (6) A copy of the business plan for operation of the medical education program; (7) Assurances that such institution will seek and attain appropriate programmatic and institutional accreditations; (8) A detailed description of how the proposed medical education program fits into the state's higher education master plan along with any relevant supporting information and documentation pertaining to the project; and (9) Information pertaining to the proposed fiscal operations of the proposed program, and the proposed structure and terms of the financing. (b) THEC shall have the authority to contract with another entity to perform the feasibility study required by this part, the cost of which, including the reasonable costs of THEC, shall be the responsibility of the authority. (c) A copy of the information specified in subsection (a) with respect to the feasibility study shall be furnished to the comptroller of the treasury which shall furnish to the authority, THEC and any municipality granting a pledge of revenues or full faith and credit, written comments on the structure of the proposed debt financing and, if the comptroller of the treasury desires to do so, comments on the capacity of the proposed project to pay the debt service. The reasonable costs of the comptroller of the treasury in reviewing and analyzing the information furnished to the comptroller and in preparing comments thereon shall be the responsibility of the authority. (d) The authority may not approve the project, or the issuance of debt in connection therewith, unless and until the authority receives written approval of THEC following THEC's receipt and review of a written feasibility study performed pursuant to this section which finds that the project is consistent with the state's higher education master plan and, if debt is to be issued, that the proposed project has the capacity to pay the principal, interest and costs of issuance of the debt to be incurred and which finds feasibility in compliance with the factors in subsection (a). Acts 2010, ch. 1078, § 1.
(a) Notwithstanding any language in this chapter to the contrary, subsequent to initiation by an authority of a project or prior to acting upon any inducement or commitment related to such proposed project, the authority shall, with respect to each proposed project, make an application to THEC for THEC approval of the project and any debt issuance following THEC's review of a feasibility study relative to the need for the proposed medical education program described in the application and, if debt is to be issued, the capacity of the proposed project and the associated medical education program to pay the principal, interest and costs of issuance of any debt to be incurred. THEC shall develop a policy specifying any information, documents or data that will be required in making an application required by this section, which shall include, but not be limited to: (1) The type of medical education program that will be offered, to include the specific degree or degrees to be awarded; (2) The anticipated number of students to be served by the proposed project for each degree being offered; (3) Conceptual plans and cost estimates related to the facility to house the proposed medical education program; (4) A copy of any known feasibility study or studies related to the proposed project; (5) Information to ensure that the medical education program will not negatively impact an existing institution in the state or region of the same or similar type or with the same or similar mission; (6) A copy of the business plan for operation of the medical education program; (7) Assurances that such institution will seek and attain appropriate programmatic and institutional accreditations; (8) A detailed description of how the proposed medical education program fits into the state's higher education master plan along with any relevant supporting information and documentation pertaining to the project; and (9) Information pertaining to the proposed fiscal operations of the proposed program, and the proposed structure and terms of the financing.
(1) The type of medical education program that will be offered, to include the specific degree or degrees to be awarded;
(2) The anticipated number of students to be served by the proposed project for each degree being offered;
(3) Conceptual plans and cost estimates related to the facility to house the proposed medical education program;
(4) A copy of any known feasibility study or studies related to the proposed project;
(5) Information to ensure that the medical education program will not negatively impact an existing institution in the state or region of the same or similar type or with the same or similar mission;
(6) A copy of the business plan for operation of the medical education program;
(7) Assurances that such institution will seek and attain appropriate programmatic and institutional accreditations;
(8) A detailed description of how the proposed medical education program fits into the state's higher education master plan along with any relevant supporting information and documentation pertaining to the project; and
(9) Information pertaining to the proposed fiscal operations of the proposed program, and the proposed structure and terms of the financing.
(b) THEC shall have the authority to contract with another entity to perform the feasibility study required by this part, the cost of which, including the reasonable costs of THEC, shall be the responsibility of the authority.
(c) A copy of the information specified in subsection (a) with respect to the feasibility study shall be furnished to the comptroller of the treasury which shall furnish to the authority, THEC and any municipality granting a pledge of revenues or full faith and credit, written comments on the structure of the proposed debt financing and, if the comptroller of the treasury desires to do so, comments on the capacity of the proposed project to pay the debt service. The reasonable costs of the comptroller of the treasury in reviewing and analyzing the information furnished to the comptroller and in preparing comments thereon shall be the responsibility of the authority.
(d) The authority may not approve the project, or the issuance of debt in connection therewith, unless and until the authority receives written approval of THEC following THEC's receipt and review of a written feasibility study performed pursuant to this section which finds that the project is consistent with the state's higher education master plan and, if debt is to be issued, that the proposed project has the capacity to pay the principal, interest and costs of issuance of the debt to be incurred and which finds feasibility in compliance with the factors in subsection (a).
Acts 2010, ch. 1078, § 1.
Tenn. Code Ann. § 7-83-105 — TN Code / Title 7 / Chapter 83 / Section 7-83-105
[Repealed]
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 211, s 6, eff. 7/1/2013. Acts 1935 (Ex. Sess.), ch. 4, § 17; C. Supp. 1950, § 3708.63 (Williams, § 3708.66); T.C.A. (orig. ed.), § 6-2725; T.C.A., § 7-83-104 .
Repealed by 2013 Tenn. Acts, ch. 211, s 6, eff. 7/1/2013.
Acts 1935 (Ex. Sess.), ch. 4, § 17; C. Supp. 1950, § 3708.63 (Williams, § 3708.66); T.C.A. (orig. ed.), § 6-2725; T.C.A., § 7-83-104 .
Tenn. Code Ann. § 7-59-317 — TN Code / Title 7 / Chapter 59 / Section 7-59-317
Notices to affected local governments
Status: in_force

A holder of a state-issued certificate of franchise authority shall provide affected local governments with notices as provided in this section, which notices shall include at a minimum: (1) Notice of filing of an application for a state-issued certificate of franchise authority, contemporaneously with the filing of the application; (2) Notice of offering service for purchase in an affected county or municipality, ten (10) days prior to providing service; (3) Notice of filing of an amendment to its application or its previously granted state-issued certificate of franchise authority, contemporaneously with the filing of the amendment with the department; (4) Notice of its intent to transfer its state-issued certificate of franchise authority to a successor in interest at least ten (10) days prior to the consummation of the transaction; and (5) Notice of termination of a state-issued certificate of franchise authority, contemporaneously with the filing of the notice with the department. Acts 2008, ch. 932, § 18.
A holder of a state-issued certificate of franchise authority shall provide affected local governments with notices as provided in this section, which notices shall include at a minimum:
(1) Notice of filing of an application for a state-issued certificate of franchise authority, contemporaneously with the filing of the application;
(2) Notice of offering service for purchase in an affected county or municipality, ten (10) days prior to providing service;
(3) Notice of filing of an amendment to its application or its previously granted state-issued certificate of franchise authority, contemporaneously with the filing of the amendment with the department;
(4) Notice of its intent to transfer its state-issued certificate of franchise authority to a successor in interest at least ten (10) days prior to the consummation of the transaction; and
(5) Notice of termination of a state-issued certificate of franchise authority, contemporaneously with the filing of the notice with the department.
Acts 2008, ch. 932, § 18.
Tenn. Code Ann. § 7-86-111 — TN Code / Title 7 / Chapter 86 / Section 7-86-111
[Repealed]
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 795, s 3, eff. 1/1/2015. Acts 1984, ch. 867, § 11; 1995, ch. 305, § 87.
Repealed by 2014 Tenn. Acts, ch. 795, s 3, eff. 1/1/2015.
Acts 1984, ch. 867, § 11; 1995, ch. 305, § 87.
Tenn. Code Ann. § 7-90-119 — TN Code / Title 7 / Chapter 90 / Section 7-90-119
Joint operation
Status: in_force

(a) The powers conferred upon authorities created under this chapter may be exercised by two (2) or more such authorities acting jointly. (b) Two (2) or more municipalities may, by acting jointly, incorporate a medical school authority to effectuate the purposes of this chapter. When two (2) or more municipalities incorporate such an authority, each and every requisite pertaining to the application for incorporation, qualification of applicants, charter and amendment of charter shall, as nearly as may be practicable, be incumbent in like manner upon each municipality joining in the creation of such authority. Acts 2010, ch. 1078, § 1.
(a) The powers conferred upon authorities created under this chapter may be exercised by two (2) or more such authorities acting jointly.
(b) Two (2) or more municipalities may, by acting jointly, incorporate a medical school authority to effectuate the purposes of this chapter. When two (2) or more municipalities incorporate such an authority, each and every requisite pertaining to the application for incorporation, qualification of applicants, charter and amendment of charter shall, as nearly as may be practicable, be incumbent in like manner upon each municipality joining in the creation of such authority.
Acts 2010, ch. 1078, § 1.
Tenn. Code Ann. § 7-63-204 — TN Code / Title 7 / Chapter 63 / Section 7-63-204
Failure of offender to appear for trial
Status: in_force

Failure of the offender to appear for trial after signing of the ordinance summons agreement shall cause the court having jurisdiction to issue a warrant against the offender, as provided for in § 7-63-105 . Acts 1986, ch. 832, § 5.
Failure of the offender to appear for trial after signing of the ordinance summons agreement shall cause the court having jurisdiction to issue a warrant against the offender, as provided for in § 7-63-105 .
Acts 1986, ch. 832, § 5.
Tenn. Code Ann. § 7-21-407 — TN Code / Title 7 / Chapter 21 / Section 7-21-407
Zoning regulations
Status: in_force

The creation and establishment of a unified government under this chapter shall not alter or change zoning regulations effective in the county and in the unified municipalities, but the zoning regulations shall continue until modified or changed by the legislative branch of the unified government acting under authority of its charter. The creation and establishment of a unified government under this chapter shall not alter or change zoning regulations effective in a smaller city that has not elected to merge with the unified government, but the zoning regulations shall continue until modified or changed by the legislative branch of the smaller city or until the smaller city shall elect to become a part of the unified government pursuant to § 7-21-107 . Acts 1991, ch. 497, § 407.
The creation and establishment of a unified government under this chapter shall not alter or change zoning regulations effective in the county and in the unified municipalities, but the zoning regulations shall continue until modified or changed by the legislative branch of the unified government acting under authority of its charter. The creation and establishment of a unified government under this chapter shall not alter or change zoning regulations effective in a smaller city that has not elected to merge with the unified government, but the zoning regulations shall continue until modified or changed by the legislative branch of the smaller city or until the smaller city shall elect to become a part of the unified government pursuant to § 7-21-107 .
Acts 1991, ch. 497, § 407.
Tenn. Code Ann. § 7-84-619 — TN Code / Title 7 / Chapter 84 / Section 7-84-619
District management corporation
Status: in_force

(a) The governing body of the municipality, in the establishment ordinance or any other ordinance of the municipality, may create an advisory board or appoint an existing organization to act as an advisory board for the purpose of making recommendations for the use of special assessment revenues and for the purpose of administering activities within and for the district, the making of improvements within and for the district and the provision of services and projects within and for the district. (b) Such newly created board or existing organization so created or appointed shall be known and referred to in this part as the district management corporation. (c) The governing body may contract with the district management corporation for the services to be provided by such corporation. Such district management corporation must comply with all applicable provisions of law, including this part, with all city resolutions and ordinances, and with all regulations lawfully imposed by the state auditor or other state agencies. (d) (1) The speaker of the senate shall appoint the senator whose senate district includes the majority of the area contained within the inner-city redevelopment district to serve as an ex officio member on the board of directors of the district management corporation created pursuant to this section. Likewise, the speaker of the house of representatives shall appoint the representative whose house of representatives district includes the majority of the area contained within the inner-city redevelopment district to also serve as an ex officio member on such board of directors. (2) Alternatively, in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, the speaker of the senate shall appoint as an ex officio member of the board of directors one (1) senator whose senatorial district lies in whole or in significant part within the boundaries of the center city revenue finance corporation, and the speaker of the house of representatives shall appoint as an ex officio member of the board of directors one (1) representative whose representative district lies in whole or in significant part within the boundaries of the corporation. (3) A senator or representative appointed pursuant to this subsection (d) may decline the appointment or appoint a designee to serve in the place of the senator or representative. If an appointment is declined, the vacant seat is not counted for purposes of voting or quorum. The vacant seat remains vacant until a new senator or representative is elected and that person accepts the appointment. If a designee is appointed, the person appointed must be a resident of the district of the senator or representative making the appointment. (e) The district management corporation shall submit an annual budget for review and approval by the governing body. This budget shall include a statement of the improvements to be made, the services to be provided and the projects and activities to be conducted during the ensuing fiscal year, the proposed program budget and a statement of the assessment rates for financing the proposed budget. Amended by 2020 Tenn. Acts, ch. 716, s 3, eff. 6/22/2020. Acts 2003 , ch. 195, § 1; 2009 , ch. 516, § 2.
(a) The governing body of the municipality, in the establishment ordinance or any other ordinance of the municipality, may create an advisory board or appoint an existing organization to act as an advisory board for the purpose of making recommendations for the use of special assessment revenues and for the purpose of administering activities within and for the district, the making of improvements within and for the district and the provision of services and projects within and for the district.
(b) Such newly created board or existing organization so created or appointed shall be known and referred to in this part as the district management corporation.
(c) The governing body may contract with the district management corporation for the services to be provided by such corporation. Such district management corporation must comply with all applicable provisions of law, including this part, with all city resolutions and ordinances, and with all regulations lawfully imposed by the state auditor or other state agencies.
(d) (1) The speaker of the senate shall appoint the senator whose senate district includes the majority of the area contained within the inner-city redevelopment district to serve as an ex officio member on the board of directors of the district management corporation created pursuant to this section. Likewise, the speaker of the house of representatives shall appoint the representative whose house of representatives district includes the majority of the area contained within the inner-city redevelopment district to also serve as an ex officio member on such board of directors. (2) Alternatively, in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, the speaker of the senate shall appoint as an ex officio member of the board of directors one (1) senator whose senatorial district lies in whole or in significant part within the boundaries of the center city revenue finance corporation, and the speaker of the house of representatives shall appoint as an ex officio member of the board of directors one (1) representative whose representative district lies in whole or in significant part within the boundaries of the corporation. (3) A senator or representative appointed pursuant to this subsection (d) may decline the appointment or appoint a designee to serve in the place of the senator or representative. If an appointment is declined, the vacant seat is not counted for purposes of voting or quorum. The vacant seat remains vacant until a new senator or representative is elected and that person accepts the appointment. If a designee is appointed, the person appointed must be a resident of the district of the senator or representative making the appointment.
(1) The speaker of the senate shall appoint the senator whose senate district includes the majority of the area contained within the inner-city redevelopment district to serve as an ex officio member on the board of directors of the district management corporation created pursuant to this section. Likewise, the speaker of the house of representatives shall appoint the representative whose house of representatives district includes the majority of the area contained within the inner-city redevelopment district to also serve as an ex officio member on such board of directors.
(2) Alternatively, in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, the speaker of the senate shall appoint as an ex officio member of the board of directors one (1) senator whose senatorial district lies in whole or in significant part within the boundaries of the center city revenue finance corporation, and the speaker of the house of representatives shall appoint as an ex officio member of the board of directors one (1) representative whose representative district lies in whole or in significant part within the boundaries of the corporation.
(3) A senator or representative appointed pursuant to this subsection (d) may decline the appointment or appoint a designee to serve in the place of the senator or representative. If an appointment is declined, the vacant seat is not counted for purposes of voting or quorum. The vacant seat remains vacant until a new senator or representative is elected and that person accepts the appointment. If a designee is appointed, the person appointed must be a resident of the district of the senator or representative making the appointment.
(e) The district management corporation shall submit an annual budget for review and approval by the governing body. This budget shall include a statement of the improvements to be made, the services to be provided and the projects and activities to be conducted during the ensuing fiscal year, the proposed program budget and a statement of the assessment rates for financing the proposed budget.
Amended by 2020 Tenn. Acts, ch. 716, s 3, eff. 6/22/2020.
Acts 2003 , ch. 195, § 1; 2009 , ch. 516, § 2.
Tenn. Code Ann. § 7-86-318 — TN Code / Title 7 / Chapter 86 / Section 7-86-318
Part not to be construed to regulate commercial mobile radio service (CMRS)
Status: in_force

Nothing in this part shall be construed to constitute the regulation of the entry or of rates charged by CMRS providers for any service or feature that they provide to their CMRS customers, or to prohibit a CMRS provider from charging a CMRS subscriber for any service or feature provided to such customer. Acts 1998, ch. 1108, § 22.
Nothing in this part shall be construed to constitute the regulation of the entry or of rates charged by CMRS providers for any service or feature that they provide to their CMRS customers, or to prohibit a CMRS provider from charging a CMRS subscriber for any service or feature provided to such customer.
Acts 1998, ch. 1108, § 22.
Tenn. Code Ann. § 7-52-302 — TN Code / Title 7 / Chapter 52 / Section 7-52-302
Purpose - Construction
Status: in_force

(a) The purpose of this part is to provide the complete law of this state with respect to payments in lieu of taxes on the property and operations of all electric systems owned and operated by incorporated cities or towns, by counties, and by metropolitan governments, and to repeal the specific provisions of any private act, home rule charter or metropolitan government charter, or any part thereof, relating to payments in lieu of taxes, including certain provisions relating to the distribution of any such payments, but not to repeal any other provisions of such private acts or charters or parts of private acts or charters. (b) This part is remedial in nature and this part shall be liberally construed to effectuate the purpose of this part. Acts 1987, ch. 84, § 3.
(a) The purpose of this part is to provide the complete law of this state with respect to payments in lieu of taxes on the property and operations of all electric systems owned and operated by incorporated cities or towns, by counties, and by metropolitan governments, and to repeal the specific provisions of any private act, home rule charter or metropolitan government charter, or any part thereof, relating to payments in lieu of taxes, including certain provisions relating to the distribution of any such payments, but not to repeal any other provisions of such private acts or charters or parts of private acts or charters.
(b) This part is remedial in nature and this part shall be liberally construed to effectuate the purpose of this part.
Acts 1987, ch. 84, § 3.
Tenn. Code Ann. § 7-63-301 — TN Code / Title 7 / Chapter 63 / Section 7-63-301
Traffic stops - Local resolutions or ordinances preventing lawful stops prohibited and void
Status: in_force

A local governmental entity or official shall not adopt or enact a resolution, ordinance, or policy that prohibits or limits the ability of a law enforcement agency to conduct traffic stops based on observation of or reasonable suspicion that the operator or a passenger in a vehicle has violated a local ordinance or state or federal law. A resolution, ordinance, or policy that is adopted in violation of this section is null and void. Added by 2024 Tenn. Acts, ch. 631,s 1, eff. 3/28/2024.
A local governmental entity or official shall not adopt or enact a resolution, ordinance, or policy that prohibits or limits the ability of a law enforcement agency to conduct traffic stops based on observation of or reasonable suspicion that the operator or a passenger in a vehicle has violated a local ordinance or state or federal law. A resolution, ordinance, or policy that is adopted in violation of this section is null and void.
Added by 2024 Tenn. Acts, ch. 631,s 1, eff. 3/28/2024.
Tenn. Code Ann. § 7-86-205 — TN Code / Title 7 / Chapter 86 / Section 7-86-205
Requirements for public safety dispatchers
Status: in_force

(a) (1) Regardless of agency or governmental jurisdiction, each emergency call taker or public safety dispatcher who receives an initial or transferred 911 call from the public is subject to the training and course of study requirements established by the emergency communications board created pursuant to § 7-86-302 . (2) (A) The training and course of study requirements established pursuant to subdivision (a)(1) must include high-quality, nationally recognized, evidence-based emergency cardiovascular care guidelines for T-CPR. (B) At a minimum, the training and course of study requirements must incorporate recognition protocols for out-of-hospital cardiac arrest (OHCA), compression-only cardiopulmonary resuscitation (CPR) instructions for callers or bystanders, and continuous education as appropriate. (C) Emergency call takers and public safety dispatchers who provide dispatch for emergency conditions shall offer T-CPR to a caller or bystander, when deemed necessary. (D) The emergency communications board shall, by rule, establish a procedure for monitoring emergency call taker and public safety dispatcher adherence to T-CPR training requirements and conduct ongoing quality assurance. The emergency communication board may adjust grants or shared revenue amounts based on failure to comply with the requirements. (E) As used in this subdivision (a)(2), "T-CPR" means telecommunicator cardiopulmonary resuscitation, which is the dispatcher-assisted delivery of cardiopulmonary resuscitation (CPR) instruction by trained emergency call takers or public safety dispatchers to callers or bystanders for events requiring CPR, such as out-of-hospital cardiac arrest (OHCA). (b) (1) The emergency communications board established by § 7-86-302 is the sole authority to implement this section and may determine whether to grant an exception to or to waive the requirements of subdivisions (d)(4) and (5), to the extent authorized pursuant to subdivision (b)(2), for an emergency call taker or public safety dispatcher at the request of a majority of the membership of a board of directors of an emergency communications district. No person may be employed as an emergency call taker or public safety dispatcher, who requires a waiver under this section, until such waiver is granted. The board may establish an advisory committee to hear and review requests for exceptions and waivers, and make recommendations to the board on whether to grant or deny the requests. The meetings of the committee shall be open to the public, recorded and the recording open to public inspection. Any party adversely affected may, within sixty (60) days of the board's decision, initiate a contested case as provided by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, which shall be heard by an administrative law judge sitting alone. (2) The board may grant a waiver of pre-employment requirements under the following circumstances: (A) Military History. The board may waive pre-employment requirements relating to the military history for the following separations from military service: (i) An entry level separation; or (ii) A general discharge under honorable conditions; (B) (i) Criminal Activity. The board may consider a waiver from pre-employment requirements relating to criminal activity if the person has been convicted of or pleaded guilty to or entered a plea of nolo contendere to any violation of any federal or state law or city ordinance with the following charges: (a) Relating to force, violence, theft, dishonesty, gambling, liquor (including driving while intoxicated) if such violation is a misdemeanor and is not classified as a domestic violence offense; or (b) Controlled substances or controlled substance analogues when the offense was classed as a misdemeanor; (ii) The employing agency requesting waiver must present a copy of the final court disposition of the case; (C) Expunction of Charges. The board may consider a waiver from pre-employment requirements relating to expunction of misdemeanor charges, except for charges classified as a domestic violence offense, on an individual basis and depending on the circumstances. It is the responsibility of the requesting agency to present information and court documentation relating to the expunction to the board. (c) Except as provided in subsection (e), beginning July 1, 2006, all emergency call takers or public safety dispatchers subject to this section shall have successfully completed a course of study approved by the emergency communications board created pursuant to § 7-86-302 . (d) Except as provided in subsection (f), in addition to the requirements of subsection (c), any such person shall: (1) Be at least eighteen (18) years of age; (2) Be a citizen of the United States; (3) Be a high school graduate or possess equivalency; (4) Not have been convicted or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor, controlled substances or controlled substance analogues; (5) Not have been released or discharged under other than an honorable or medical discharge from any of the armed forces of the United States; (6) Have such person's fingerprints on file with the Tennessee bureau of investigation; (7) Have passed a physical examination by a licensed physician, or a nurse practitioner or physician assistant, so long as the task is expressly included in the written protocol developed jointly by the supervising physician and the nurse practitioner or physician assistant, whichever is applicable, setting forth the range of services that may be performed by the nurse practitioner or physician assistant; and (8) Have a good moral character as determined by a thorough investigation conducted by the employing agency. (e) All emergency call takers and public safety dispatchers subject to this section employed after July 1, 2006, shall have six (6) months from the date of their employment to comply with this section. (f) Notwithstanding other law to the contrary, the law in effect prior to May 1, 1994, relative to public safety dispatchers shall apply to any person who had more than five (5) years of continuous employment as a public safety dispatcher on May 1, 1994. Amended by 2024 Tenn. Acts, ch. 529,s 1, eff. 7/1/2024. Amended by 2020 Tenn. Acts, ch. 575, s 1, eff. 3/19/2020. Acts 1994, ch. 940, § 1; 1997 , ch. 257, § 1; 1997 , ch. 320, § 1; 1997 , ch. 320, § 2; 1998, ch. 1108, § 31; T.C.A., 7-86-201; Acts 2000, ch. 946, § 3; 2003 , ch. 254, § 2; 2005, ch. 129, §§ 1 - 3; 2011 , ch. 265, § 1; 2012 , ch. 848, § 4.
(a) (1) Regardless of agency or governmental jurisdiction, each emergency call taker or public safety dispatcher who receives an initial or transferred 911 call from the public is subject to the training and course of study requirements established by the emergency communications board created pursuant to § 7-86-302 . (2) (A) The training and course of study requirements established pursuant to subdivision (a)(1) must include high-quality, nationally recognized, evidence-based emergency cardiovascular care guidelines for T-CPR. (B) At a minimum, the training and course of study requirements must incorporate recognition protocols for out-of-hospital cardiac arrest (OHCA), compression-only cardiopulmonary resuscitation (CPR) instructions for callers or bystanders, and continuous education as appropriate. (C) Emergency call takers and public safety dispatchers who provide dispatch for emergency conditions shall offer T-CPR to a caller or bystander, when deemed necessary. (D) The emergency communications board shall, by rule, establish a procedure for monitoring emergency call taker and public safety dispatcher adherence to T-CPR training requirements and conduct ongoing quality assurance. The emergency communication board may adjust grants or shared revenue amounts based on failure to comply with the requirements. (E) As used in this subdivision (a)(2), "T-CPR" means telecommunicator cardiopulmonary resuscitation, which is the dispatcher-assisted delivery of cardiopulmonary resuscitation (CPR) instruction by trained emergency call takers or public safety dispatchers to callers or bystanders for events requiring CPR, such as out-of-hospital cardiac arrest (OHCA).
(1) Regardless of agency or governmental jurisdiction, each emergency call taker or public safety dispatcher who receives an initial or transferred 911 call from the public is subject to the training and course of study requirements established by the emergency communications board created pursuant to § 7-86-302 .
(2) (A) The training and course of study requirements established pursuant to subdivision (a)(1) must include high-quality, nationally recognized, evidence-based emergency cardiovascular care guidelines for T-CPR. (B) At a minimum, the training and course of study requirements must incorporate recognition protocols for out-of-hospital cardiac arrest (OHCA), compression-only cardiopulmonary resuscitation (CPR) instructions for callers or bystanders, and continuous education as appropriate. (C) Emergency call takers and public safety dispatchers who provide dispatch for emergency conditions shall offer T-CPR to a caller or bystander, when deemed necessary. (D) The emergency communications board shall, by rule, establish a procedure for monitoring emergency call taker and public safety dispatcher adherence to T-CPR training requirements and conduct ongoing quality assurance. The emergency communication board may adjust grants or shared revenue amounts based on failure to comply with the requirements. (E) As used in this subdivision (a)(2), "T-CPR" means telecommunicator cardiopulmonary resuscitation, which is the dispatcher-assisted delivery of cardiopulmonary resuscitation (CPR) instruction by trained emergency call takers or public safety dispatchers to callers or bystanders for events requiring CPR, such as out-of-hospital cardiac arrest (OHCA).
(A) The training and course of study requirements established pursuant to subdivision (a)(1) must include high-quality, nationally recognized, evidence-based emergency cardiovascular care guidelines for T-CPR.
(B) At a minimum, the training and course of study requirements must incorporate recognition protocols for out-of-hospital cardiac arrest (OHCA), compression-only cardiopulmonary resuscitation (CPR) instructions for callers or bystanders, and continuous education as appropriate.
(C) Emergency call takers and public safety dispatchers who provide dispatch for emergency conditions shall offer T-CPR to a caller or bystander, when deemed necessary.
(D) The emergency communications board shall, by rule, establish a procedure for monitoring emergency call taker and public safety dispatcher adherence to T-CPR training requirements and conduct ongoing quality assurance. The emergency communication board may adjust grants or shared revenue amounts based on failure to comply with the requirements.
(E) As used in this subdivision (a)(2), "T-CPR" means telecommunicator cardiopulmonary resuscitation, which is the dispatcher-assisted delivery of cardiopulmonary resuscitation (CPR) instruction by trained emergency call takers or public safety dispatchers to callers or bystanders for events requiring CPR, such as out-of-hospital cardiac arrest (OHCA).
(b) (1) The emergency communications board established by § 7-86-302 is the sole authority to implement this section and may determine whether to grant an exception to or to waive the requirements of subdivisions (d)(4) and (5), to the extent authorized pursuant to subdivision (b)(2), for an emergency call taker or public safety dispatcher at the request of a majority of the membership of a board of directors of an emergency communications district. No person may be employed as an emergency call taker or public safety dispatcher, who requires a waiver under this section, until such waiver is granted. The board may establish an advisory committee to hear and review requests for exceptions and waivers, and make recommendations to the board on whether to grant or deny the requests. The meetings of the committee shall be open to the public, recorded and the recording open to public inspection. Any party adversely affected may, within sixty (60) days of the board's decision, initiate a contested case as provided by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, which shall be heard by an administrative law judge sitting alone. (2) The board may grant a waiver of pre-employment requirements under the following circumstances: (A) Military History. The board may waive pre-employment requirements relating to the military history for the following separations from military service: (i) An entry level separation; or (ii) A general discharge under honorable conditions; (B) (i) Criminal Activity. The board may consider a waiver from pre-employment requirements relating to criminal activity if the person has been convicted of or pleaded guilty to or entered a plea of nolo contendere to any violation of any federal or state law or city ordinance with the following charges: (a) Relating to force, violence, theft, dishonesty, gambling, liquor (including driving while intoxicated) if such violation is a misdemeanor and is not classified as a domestic violence offense; or (b) Controlled substances or controlled substance analogues when the offense was classed as a misdemeanor; (ii) The employing agency requesting waiver must present a copy of the final court disposition of the case; (C) Expunction of Charges. The board may consider a waiver from pre-employment requirements relating to expunction of misdemeanor charges, except for charges classified as a domestic violence offense, on an individual basis and depending on the circumstances. It is the responsibility of the requesting agency to present information and court documentation relating to the expunction to the board.
(1) The emergency communications board established by § 7-86-302 is the sole authority to implement this section and may determine whether to grant an exception to or to waive the requirements of subdivisions (d)(4) and (5), to the extent authorized pursuant to subdivision (b)(2), for an emergency call taker or public safety dispatcher at the request of a majority of the membership of a board of directors of an emergency communications district. No person may be employed as an emergency call taker or public safety dispatcher, who requires a waiver under this section, until such waiver is granted. The board may establish an advisory committee to hear and review requests for exceptions and waivers, and make recommendations to the board on whether to grant or deny the requests. The meetings of the committee shall be open to the public, recorded and the recording open to public inspection. Any party adversely affected may, within sixty (60) days of the board's decision, initiate a contested case as provided by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, which shall be heard by an administrative law judge sitting alone.
(2) The board may grant a waiver of pre-employment requirements under the following circumstances: (A) Military History. The board may waive pre-employment requirements relating to the military history for the following separations from military service: (i) An entry level separation; or (ii) A general discharge under honorable conditions; (B) (i) Criminal Activity. The board may consider a waiver from pre-employment requirements relating to criminal activity if the person has been convicted of or pleaded guilty to or entered a plea of nolo contendere to any violation of any federal or state law or city ordinance with the following charges: (a) Relating to force, violence, theft, dishonesty, gambling, liquor (including driving while intoxicated) if such violation is a misdemeanor and is not classified as a domestic violence offense; or (b) Controlled substances or controlled substance analogues when the offense was classed as a misdemeanor; (ii) The employing agency requesting waiver must present a copy of the final court disposition of the case; (C) Expunction of Charges. The board may consider a waiver from pre-employment requirements relating to expunction of misdemeanor charges, except for charges classified as a domestic violence offense, on an individual basis and depending on the circumstances. It is the responsibility of the requesting agency to present information and court documentation relating to the expunction to the board.
(A) Military History. The board may waive pre-employment requirements relating to the military history for the following separations from military service: (i) An entry level separation; or (ii) A general discharge under honorable conditions;
(i) An entry level separation; or
(ii) A general discharge under honorable conditions;
(B) (i) Criminal Activity. The board may consider a waiver from pre-employment requirements relating to criminal activity if the person has been convicted of or pleaded guilty to or entered a plea of nolo contendere to any violation of any federal or state law or city ordinance with the following charges: (a) Relating to force, violence, theft, dishonesty, gambling, liquor (including driving while intoxicated) if such violation is a misdemeanor and is not classified as a domestic violence offense; or (b) Controlled substances or controlled substance analogues when the offense was classed as a misdemeanor; (ii) The employing agency requesting waiver must present a copy of the final court disposition of the case;
(i) Criminal Activity. The board may consider a waiver from pre-employment requirements relating to criminal activity if the person has been convicted of or pleaded guilty to or entered a plea of nolo contendere to any violation of any federal or state law or city ordinance with the following charges: (a) Relating to force, violence, theft, dishonesty, gambling, liquor (including driving while intoxicated) if such violation is a misdemeanor and is not classified as a domestic violence offense; or (b) Controlled substances or controlled substance analogues when the offense was classed as a misdemeanor;
(a) Relating to force, violence, theft, dishonesty, gambling, liquor (including driving while intoxicated) if such violation is a misdemeanor and is not classified as a domestic violence offense; or
(b) Controlled substances or controlled substance analogues when the offense was classed as a misdemeanor;
(ii) The employing agency requesting waiver must present a copy of the final court disposition of the case;
(C) Expunction of Charges. The board may consider a waiver from pre-employment requirements relating to expunction of misdemeanor charges, except for charges classified as a domestic violence offense, on an individual basis and depending on the circumstances. It is the responsibility of the requesting agency to present information and court documentation relating to the expunction to the board.
(c) Except as provided in subsection (e), beginning July 1, 2006, all emergency call takers or public safety dispatchers subject to this section shall have successfully completed a course of study approved by the emergency communications board created pursuant to § 7-86-302 .
(d) Except as provided in subsection (f), in addition to the requirements of subsection (c), any such person shall: (1) Be at least eighteen (18) years of age; (2) Be a citizen of the United States; (3) Be a high school graduate or possess equivalency; (4) Not have been convicted or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor, controlled substances or controlled substance analogues; (5) Not have been released or discharged under other than an honorable or medical discharge from any of the armed forces of the United States; (6) Have such person's fingerprints on file with the Tennessee bureau of investigation; (7) Have passed a physical examination by a licensed physician, or a nurse practitioner or physician assistant, so long as the task is expressly included in the written protocol developed jointly by the supervising physician and the nurse practitioner or physician assistant, whichever is applicable, setting forth the range of services that may be performed by the nurse practitioner or physician assistant; and (8) Have a good moral character as determined by a thorough investigation conducted by the employing agency.
(1) Be at least eighteen (18) years of age;
(2) Be a citizen of the United States;
(3) Be a high school graduate or possess equivalency;
(4) Not have been convicted or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor, controlled substances or controlled substance analogues;
(5) Not have been released or discharged under other than an honorable or medical discharge from any of the armed forces of the United States;
(6) Have such person's fingerprints on file with the Tennessee bureau of investigation;
(7) Have passed a physical examination by a licensed physician, or a nurse practitioner or physician assistant, so long as the task is expressly included in the written protocol developed jointly by the supervising physician and the nurse practitioner or physician assistant, whichever is applicable, setting forth the range of services that may be performed by the nurse practitioner or physician assistant; and
(8) Have a good moral character as determined by a thorough investigation conducted by the employing agency.
(e) All emergency call takers and public safety dispatchers subject to this section employed after July 1, 2006, shall have six (6) months from the date of their employment to comply with this section.
(f) Notwithstanding other law to the contrary, the law in effect prior to May 1, 1994, relative to public safety dispatchers shall apply to any person who had more than five (5) years of continuous employment as a public safety dispatcher on May 1, 1994.
Amended by 2024 Tenn. Acts, ch. 529,s 1, eff. 7/1/2024.
Amended by 2020 Tenn. Acts, ch. 575, s 1, eff. 3/19/2020.
Acts 1994, ch. 940, § 1; 1997 , ch. 257, § 1; 1997 , ch. 320, § 1; 1997 , ch. 320, § 2; 1998, ch. 1108, § 31; T.C.A., 7-86-201; Acts 2000, ch. 946, § 3; 2003 , ch. 254, § 2; 2005, ch. 129, §§ 1 - 3; 2011 , ch. 265, § 1; 2012 , ch. 848, § 4.
Tenn. Code Ann. § 7-64-206 — TN Code / Title 7 / Chapter 64 / Section 7-64-206
[For contingent repeal of this section, see the Compiler's Notes.] Limitation on value of principal residence
Status: in_force

The limitation on value of the principal place of residence shall be under fifty thousand dollars ($50,000) and shall be determined by the appraised fair market value as it appears on the records of the county assessor and not the reduced assessment. Acts 1980, ch. 659, § 6.
The limitation on value of the principal place of residence shall be under fifty thousand dollars ($50,000) and shall be determined by the appraised fair market value as it appears on the records of the county assessor and not the reduced assessment.
Acts 1980, ch. 659, § 6.
Tenn. Code Ann. § 7-86-306 — TN Code / Title 7 / Chapter 86 / Section 7-86-306
Powers and duties of board - Review of decisions or orders of board
Status: in_force

(a) In order to effectuate the purposes of this part, the board has the power and authority to: (1) Promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the conduct of the affairs of the board; (2) Adopt a seal for the board, prescribe the style of the seal, and alter the seal at pleasure; (3) Subject to title 9, chapter 4, part 51, appoint and fix the salaries and duties of the experts, agents, and employees, and set the qualifications for such persons as it deems necessary; (4) (A) Appoint an executive director, who shall be a person of good moral character and shall be professionally qualified to administer, manage, and direct the affairs and business of the board, which include, but are not limited to: (i) Maintaining and securing all essential records and files; (ii) Implementing board policies and procedures; (iii) Informing the board as to state statutes, policies, and procedures; and (iv) Any other matters delegated by the board; (B) For the purposes of §§ 8-30-201 and 8-30-202 , the executive director of the board shall be considered the equivalent of an assistant commissioner; (C) Before assuming any official duties, the executive director shall take and subscribe to the oath of office and shall execute a bond in the manner prescribed by title 8, chapter 19. This subdivision (a)(4)(C) shall not apply to the executive director serving on May 4, 2015; (5) Subject to title 12, make and enter into contracts and purchases; (6) Adopt a proposed budget, which shall be included in the proposed budget of the department of commerce and insurance; (7) Accept gifts, grants, or other moneys, and to receive appropriations that may be made by law; (8) Provide advisory technical assistance to any emergency communications district upon request; (9) Administer the deployment of 911 service for emerging communications technologies, including, but not limited to, IP-enabled service, that are capable of connecting users dialing or entering the digits 911 to public safety answering points and other non-wireline services; (10) Establish technical operating standards for emergency communications districts and periodically review and revise wireless enhanced 911 standards based on orders and rulings by the federal communications commission (FCC); (11) Establish operating standards concerning acceptable uses of revenue for emergency communications districts and periodically review and revise these standards; (12) Respond to requests from emergency communications districts, commercial mobile radio service (CMRS) providers or other parties and subject to availability of funds, review and approve requests for reimbursements for expenditures or payment of obligations incurred to implement, operate, maintain, or enhance statewide wireless enhanced 911 service in conformance with any rules or orders of the FCC, and other federal and state requirements that pertain to wireless enhanced 911 service; (13) Raise the emergency telephone service charge rates of an individual emergency communications district up to the maximum established in [former] § 7-86-108(a)(2)(A) [repealed]; provided, that the district meets financial and operational criteria established by the board in consultation with the comptroller of the treasury; (14) From time to time, submit to the speakers of the general assembly any recommended amendments to this chapter; and (15) Exercise all the powers and take all the actions necessary, proper, or convenient for the accomplishment of the purposes enumerated in this section. (b) (1) Any party adversely affected by a decision or order of the board may, within sixty (60) days of the board's action, initiate a contested case as provided by the Uniform Administrative Procedures Act, which shall be heard by an administrative law judge sitting alone. (2) In the conduct of any hearing upon request or complaint, the administrative law judge may receive evidence in the form of affidavits in addition to minutes, transcripts, and other evidence of actions by an emergency communications district. (c) Nothing contained within subdivision (a)(12) or this section shall be construed to authorize the board to establish CMRS rates other than a flat, statewide, uniform rate. Amended by 2015 Tenn. Acts, ch. 350, Secs.s 4, s 5 eff. 5/4/2015. Acts 1998, ch. 1108, § 10; 2004, ch. 810, § 5; 2005, ch. 147, § 1; 2006, ch. 647, § 1.
(a) In order to effectuate the purposes of this part, the board has the power and authority to: (1) Promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the conduct of the affairs of the board; (2) Adopt a seal for the board, prescribe the style of the seal, and alter the seal at pleasure; (3) Subject to title 9, chapter 4, part 51, appoint and fix the salaries and duties of the experts, agents, and employees, and set the qualifications for such persons as it deems necessary; (4) (A) Appoint an executive director, who shall be a person of good moral character and shall be professionally qualified to administer, manage, and direct the affairs and business of the board, which include, but are not limited to: (i) Maintaining and securing all essential records and files; (ii) Implementing board policies and procedures; (iii) Informing the board as to state statutes, policies, and procedures; and (iv) Any other matters delegated by the board; (B) For the purposes of §§ 8-30-201 and 8-30-202 , the executive director of the board shall be considered the equivalent of an assistant commissioner; (C) Before assuming any official duties, the executive director shall take and subscribe to the oath of office and shall execute a bond in the manner prescribed by title 8, chapter 19. This subdivision (a)(4)(C) shall not apply to the executive director serving on May 4, 2015; (5) Subject to title 12, make and enter into contracts and purchases; (6) Adopt a proposed budget, which shall be included in the proposed budget of the department of commerce and insurance; (7) Accept gifts, grants, or other moneys, and to receive appropriations that may be made by law; (8) Provide advisory technical assistance to any emergency communications district upon request; (9) Administer the deployment of 911 service for emerging communications technologies, including, but not limited to, IP-enabled service, that are capable of connecting users dialing or entering the digits 911 to public safety answering points and other non-wireline services; (10) Establish technical operating standards for emergency communications districts and periodically review and revise wireless enhanced 911 standards based on orders and rulings by the federal communications commission (FCC); (11) Establish operating standards concerning acceptable uses of revenue for emergency communications districts and periodically review and revise these standards; (12) Respond to requests from emergency communications districts, commercial mobile radio service (CMRS) providers or other parties and subject to availability of funds, review and approve requests for reimbursements for expenditures or payment of obligations incurred to implement, operate, maintain, or enhance statewide wireless enhanced 911 service in conformance with any rules or orders of the FCC, and other federal and state requirements that pertain to wireless enhanced 911 service; (13) Raise the emergency telephone service charge rates of an individual emergency communications district up to the maximum established in [former] § 7-86-108(a)(2)(A) [repealed]; provided, that the district meets financial and operational criteria established by the board in consultation with the comptroller of the treasury; (14) From time to time, submit to the speakers of the general assembly any recommended amendments to this chapter; and (15) Exercise all the powers and take all the actions necessary, proper, or convenient for the accomplishment of the purposes enumerated in this section.
(1) Promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the conduct of the affairs of the board;
(2) Adopt a seal for the board, prescribe the style of the seal, and alter the seal at pleasure;
(3) Subject to title 9, chapter 4, part 51, appoint and fix the salaries and duties of the experts, agents, and employees, and set the qualifications for such persons as it deems necessary;
(4) (A) Appoint an executive director, who shall be a person of good moral character and shall be professionally qualified to administer, manage, and direct the affairs and business of the board, which include, but are not limited to: (i) Maintaining and securing all essential records and files; (ii) Implementing board policies and procedures; (iii) Informing the board as to state statutes, policies, and procedures; and (iv) Any other matters delegated by the board; (B) For the purposes of §§ 8-30-201 and 8-30-202 , the executive director of the board shall be considered the equivalent of an assistant commissioner; (C) Before assuming any official duties, the executive director shall take and subscribe to the oath of office and shall execute a bond in the manner prescribed by title 8, chapter 19. This subdivision (a)(4)(C) shall not apply to the executive director serving on May 4, 2015;
(A) Appoint an executive director, who shall be a person of good moral character and shall be professionally qualified to administer, manage, and direct the affairs and business of the board, which include, but are not limited to: (i) Maintaining and securing all essential records and files; (ii) Implementing board policies and procedures; (iii) Informing the board as to state statutes, policies, and procedures; and (iv) Any other matters delegated by the board;
(i) Maintaining and securing all essential records and files;
(ii) Implementing board policies and procedures;
(iii) Informing the board as to state statutes, policies, and procedures; and
(iv) Any other matters delegated by the board;
(B) For the purposes of §§ 8-30-201 and 8-30-202 , the executive director of the board shall be considered the equivalent of an assistant commissioner;
(C) Before assuming any official duties, the executive director shall take and subscribe to the oath of office and shall execute a bond in the manner prescribed by title 8, chapter 19. This subdivision (a)(4)(C) shall not apply to the executive director serving on May 4, 2015;
(5) Subject to title 12, make and enter into contracts and purchases;
(6) Adopt a proposed budget, which shall be included in the proposed budget of the department of commerce and insurance;
(7) Accept gifts, grants, or other moneys, and to receive appropriations that may be made by law;
(8) Provide advisory technical assistance to any emergency communications district upon request;
(9) Administer the deployment of 911 service for emerging communications technologies, including, but not limited to, IP-enabled service, that are capable of connecting users dialing or entering the digits 911 to public safety answering points and other non-wireline services;
(10) Establish technical operating standards for emergency communications districts and periodically review and revise wireless enhanced 911 standards based on orders and rulings by the federal communications commission (FCC);
(11) Establish operating standards concerning acceptable uses of revenue for emergency communications districts and periodically review and revise these standards;
(12) Respond to requests from emergency communications districts, commercial mobile radio service (CMRS) providers or other parties and subject to availability of funds, review and approve requests for reimbursements for expenditures or payment of obligations incurred to implement, operate, maintain, or enhance statewide wireless enhanced 911 service in conformance with any rules or orders of the FCC, and other federal and state requirements that pertain to wireless enhanced 911 service;
(13) Raise the emergency telephone service charge rates of an individual emergency communications district up to the maximum established in [former] § 7-86-108(a)(2)(A) [repealed]; provided, that the district meets financial and operational criteria established by the board in consultation with the comptroller of the treasury;
(14) From time to time, submit to the speakers of the general assembly any recommended amendments to this chapter; and
(15) Exercise all the powers and take all the actions necessary, proper, or convenient for the accomplishment of the purposes enumerated in this section.
(b) (1) Any party adversely affected by a decision or order of the board may, within sixty (60) days of the board's action, initiate a contested case as provided by the Uniform Administrative Procedures Act, which shall be heard by an administrative law judge sitting alone. (2) In the conduct of any hearing upon request or complaint, the administrative law judge may receive evidence in the form of affidavits in addition to minutes, transcripts, and other evidence of actions by an emergency communications district.
(1) Any party adversely affected by a decision or order of the board may, within sixty (60) days of the board's action, initiate a contested case as provided by the Uniform Administrative Procedures Act, which shall be heard by an administrative law judge sitting alone.
(2) In the conduct of any hearing upon request or complaint, the administrative law judge may receive evidence in the form of affidavits in addition to minutes, transcripts, and other evidence of actions by an emergency communications district.
(c) Nothing contained within subdivision (a)(12) or this section shall be construed to authorize the board to establish CMRS rates other than a flat, statewide, uniform rate.
Amended by 2015 Tenn. Acts, ch. 350, Secs.s 4, s 5 eff. 5/4/2015.
Acts 1998, ch. 1108, § 10; 2004, ch. 810, § 5; 2005, ch. 147, § 1; 2006, ch. 647, § 1.
Tenn. Code Ann. § 7-3-316 — TN Code / Title 7 / Chapter 3 / Section 7-3-316
Fees to be adjudged as part of costs - Disbursement of fees
Status: in_force

(a) As provided in § 38-6-103 , the following fees shall be adjudged as a part of the costs in each case upon conviction of the following offenses: (1) Controlled substances, narcotics, drugs ....................$20.00 (2) Driving a motor vehicle, or operating a boat while under the influence of intoxicants and/or drugs, except as provided in § 55-10-413(d) ....................17.50 (3) Certification of criminal histories and records ....................Amount fixed by the federal bureau of investigation (4) Upon the forfeiture of a cash bond or other surety entered as a result of a municipal traffic citation, whether considered a fine, a bond or a tax ....................13.75. (b) Such fees shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law. (c) Except when and as provided in this section, the appropriate clerk, after deducting five percent (5%) as compensation when applicable, shall identify those fees set out in subsection (a) that are dedicated for use by the Tennessee bureau of investigation and remit the fees to the state treasury to be expended by the Tennessee bureau of investigation as appropriated by the general assembly. These fees shall be transmitted by the clerk of the court to the state treasurer for deposit in a fund to be used by the Tennessee bureau of investigation for the purpose of employing personnel; for the purchase of equipment and supplies; to pay for the education, training and scientific development of employees; or for any other purpose to allow the bureau's business to be done in a more efficient and expeditious manner. The moneys received in the fund shall be invested for the benefit of the fund by the state treasurer pursuant to § 9-4-603 . Amounts in the fund shall not revert to the general fund of the state, but shall, together with interest income credited to the fund, remain available for expenditure in subsequent fiscal years. (d) Upon approval of the director of the Tennessee bureau of investigation, local governing bodies which have the responsibility for providing funding for sheriffs' offices and police departments are authorized to purchase from state contracts approved for bureau purchases, scientific instruments designed to examine a person's breath and measure the alcohol content of a person's breath, for use as evidence in the trial of cases; provided, that prior to use of the scientific instruments, such instruments must be delivered to the forensic services division for testing and certification pursuant to § 38-6-103(g) . The bureau shall continue to maintain and certify the instruments and operating personnel, pursuant to § 38-6-103(g) , and furnish expert testimony in support of the use of the scientific instruments when required. Amended by 2013 Tenn. Acts, ch. 154, s 28, eff. 7/1/2013. Acts 2012, ch. 1088, § 3.
(a) As provided in § 38-6-103 , the following fees shall be adjudged as a part of the costs in each case upon conviction of the following offenses: (1) Controlled substances, narcotics, drugs ....................$20.00 (2) Driving a motor vehicle, or operating a boat while under the influence of intoxicants and/or drugs, except as provided in § 55-10-413(d) ....................17.50 (3) Certification of criminal histories and records ....................Amount fixed by the federal bureau of investigation (4) Upon the forfeiture of a cash bond or other surety entered as a result of a municipal traffic citation, whether considered a fine, a bond or a tax ....................13.75.
(1) Controlled substances, narcotics, drugs ....................$20.00
(2) Driving a motor vehicle, or operating a boat while under the influence of intoxicants and/or drugs, except as provided in § 55-10-413(d) ....................17.50
(3) Certification of criminal histories and records ....................Amount fixed by the federal bureau of investigation
(4) Upon the forfeiture of a cash bond or other surety entered as a result of a municipal traffic citation, whether considered a fine, a bond or a tax ....................13.75.
(b) Such fees shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law.
(c) Except when and as provided in this section, the appropriate clerk, after deducting five percent (5%) as compensation when applicable, shall identify those fees set out in subsection (a) that are dedicated for use by the Tennessee bureau of investigation and remit the fees to the state treasury to be expended by the Tennessee bureau of investigation as appropriated by the general assembly. These fees shall be transmitted by the clerk of the court to the state treasurer for deposit in a fund to be used by the Tennessee bureau of investigation for the purpose of employing personnel; for the purchase of equipment and supplies; to pay for the education, training and scientific development of employees; or for any other purpose to allow the bureau's business to be done in a more efficient and expeditious manner. The moneys received in the fund shall be invested for the benefit of the fund by the state treasurer pursuant to § 9-4-603 . Amounts in the fund shall not revert to the general fund of the state, but shall, together with interest income credited to the fund, remain available for expenditure in subsequent fiscal years.
(d) Upon approval of the director of the Tennessee bureau of investigation, local governing bodies which have the responsibility for providing funding for sheriffs' offices and police departments are authorized to purchase from state contracts approved for bureau purchases, scientific instruments designed to examine a person's breath and measure the alcohol content of a person's breath, for use as evidence in the trial of cases; provided, that prior to use of the scientific instruments, such instruments must be delivered to the forensic services division for testing and certification pursuant to § 38-6-103(g) . The bureau shall continue to maintain and certify the instruments and operating personnel, pursuant to § 38-6-103(g) , and furnish expert testimony in support of the use of the scientific instruments when required.
Amended by 2013 Tenn. Acts, ch. 154, s 28, eff. 7/1/2013.
Acts 2012, ch. 1088, § 3.