Tenn. Code Ann. § 5-13-103 — TN Code / Title 5 / Chapter 13 / Section 5-13-103
Director of accounts and budgets - Appointment - Compensation - Staff
Status: in_force

(a) The county mayor of any county that has adopted this part shall appoint, with the approval of the county legislative body or other governing body, a director of accounts and budgets who shall be a county employee. (b) The director of accounts and budgets shall be qualified by training and experience in the field of accounting to perform the director's duties in a proficient manner and in accordance with generally recognized principles of governmental accounting. (c) (1) Before assuming the director's duties the director shall execute a corporate surety bond, the amount of which shall be established by the county mayor at not less than one hundred thousand dollars ($100,000). (2) The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19. (3) The premium for such bond shall be paid from the county general fund. (d) (1) The compensation of the director, which shall not be in excess of compensation allowed county officials in accordance with §§ 8-24-101 and 8-24-102 , shall be set annually by the county legislative body or other governing body of the county. (2) The amount of such compensation, the compensation of such stenographers, typists or assistants as the director may need, and the other necessary expenses of the director's office shall be provided for by annual appropriation from the county general fund. (e) The director has the power, in accordance with such regulations as may be established from time to time by the county mayor, to appoint and remove the director's assistants, to prescribe their duties, and to fix their salaries within the limits of the annual appropriation. (f) (1) In any county having a population of not less than thirty-eight thousand six hundred (38,600) nor more than thirty-eight thousand seven hundred (38,700), according to the 1970 federal census or any subsequent federal census, the director shall not be terminated or discharged without the approval of the county legislative body. (2) This subsection (f) shall not apply in any county that has a metropolitan form of government. Amended by 2023 Tenn. Acts, ch. 207, s 2, eff. 7/1/2023. Amended by 2013 Tenn. Acts, ch. 315, Secs.s 11, s 12eff. 4/29/2013. Acts 1957, ch. 313, § 3; impl. am. Acts 1978, ch. 934, §§7, 16, 36; Acts 1979, ch. 101, § 1; T.C.A., § 5-1303; Acts 1998, ch. 677, §3; 2003 , ch. 90, § 2.
(a) The county mayor of any county that has adopted this part shall appoint, with the approval of the county legislative body or other governing body, a director of accounts and budgets who shall be a county employee.
(b) The director of accounts and budgets shall be qualified by training and experience in the field of accounting to perform the director's duties in a proficient manner and in accordance with generally recognized principles of governmental accounting.
(c) (1) Before assuming the director's duties the director shall execute a corporate surety bond, the amount of which shall be established by the county mayor at not less than one hundred thousand dollars ($100,000). (2) The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19. (3) The premium for such bond shall be paid from the county general fund.
(1) Before assuming the director's duties the director shall execute a corporate surety bond, the amount of which shall be established by the county mayor at not less than one hundred thousand dollars ($100,000).
(2) The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
(3) The premium for such bond shall be paid from the county general fund.
(d) (1) The compensation of the director, which shall not be in excess of compensation allowed county officials in accordance with §§ 8-24-101 and 8-24-102 , shall be set annually by the county legislative body or other governing body of the county. (2) The amount of such compensation, the compensation of such stenographers, typists or assistants as the director may need, and the other necessary expenses of the director's office shall be provided for by annual appropriation from the county general fund.
(1) The compensation of the director, which shall not be in excess of compensation allowed county officials in accordance with §§ 8-24-101 and 8-24-102 , shall be set annually by the county legislative body or other governing body of the county.
(2) The amount of such compensation, the compensation of such stenographers, typists or assistants as the director may need, and the other necessary expenses of the director's office shall be provided for by annual appropriation from the county general fund.
(e) The director has the power, in accordance with such regulations as may be established from time to time by the county mayor, to appoint and remove the director's assistants, to prescribe their duties, and to fix their salaries within the limits of the annual appropriation.
(f) (1) In any county having a population of not less than thirty-eight thousand six hundred (38,600) nor more than thirty-eight thousand seven hundred (38,700), according to the 1970 federal census or any subsequent federal census, the director shall not be terminated or discharged without the approval of the county legislative body. (2) This subsection (f) shall not apply in any county that has a metropolitan form of government.
(1) In any county having a population of not less than thirty-eight thousand six hundred (38,600) nor more than thirty-eight thousand seven hundred (38,700), according to the 1970 federal census or any subsequent federal census, the director shall not be terminated or discharged without the approval of the county legislative body.
(2) This subsection (f) shall not apply in any county that has a metropolitan form of government.
Amended by 2023 Tenn. Acts, ch. 207, s 2, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 315, Secs.s 11, s 12eff. 4/29/2013.
Acts 1957, ch. 313, § 3; impl. am. Acts 1978, ch. 934, §§7, 16, 36; Acts 1979, ch. 101, § 1; T.C.A., § 5-1303; Acts 1998, ch. 677, §3; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-1-129 — TN Code / Title 5 / Chapter 1 / Section 5-1-129
Design review commission
Status: in_force

(a) (1) It is the intent of the general assembly that all appropriate actions should be taken to authorize the local legislative body in any county having a population of not less than one hundred sixty thousand six hundred (160,600) nor more than one hundred sixty thousand seven hundred (160,700), according to the 2010 federal census or any subsequent federal census which has county-wide zoning to protect the manner in which growth and construction of buildings are regulated in areas of historical significance to a locality, the county and the state. (2) The county legislative body of a county to which subdivision (a)(1) applies may create a design review commission, referred to in this section as "DRC," having the authority to develop general guidelines for the exterior appearance of and entrance to properties which are located in an area of historical significance to a locality, the county and the state. The only properties to which this section applies located in such area must be: (A) Nonresidential property; or (B) Multiple family residential property. (3) The county legislative body may designate the planning commission as the design review commission. (4) When developing the guidelines for the exterior appearance of and entrance to properties identified in subdivision (a)(2), the county legislative body or planning commission must obtain input from citizens living within the area as well as from persons who have an interest in and knowledge of preservation of historic buildings. (5) When the county creates a separate DRC, the county mayor or county executive or metropolitan mayor shall appoint the members of the DRC from residents of the county and shall strive to ensure that the membership is representative of the county as a whole, including, if possible, members with either architectural or engineering knowledge, or any other person having experience in nonresidential building. (b) If a municipality within a county has a planning region outside of its current corporate limits, and the municipality has a DRC that has adopted guidelines, then the county's DRC shall adopt the same guidelines as the municipality for that area within the municipality's planning region insofar as such guidelines meet the requirements of subsection (a). (c) The county DRC guidelines adopted pursuant to subsection (a) shall not apply within the corporate limits of any municipality unless the municipality adopts such county's DRC guidelines. (d) This section shall not apply to any agricultural buildings in the unincorporated area of the county. (e) The county DRC guidelines adopted pursuant to subsection (a) shall be subject to approval by the county legislative body. Once approved, county building permits issued pursuant to § 13-7-110 or similar law, shall be withheld for noncompliance with DRC guidelines. (f) Any property owner affected by the guidelines or the withholding of a building permit due to noncompliance with such adopted DRC guidelines may appeal a decision of the DRC or the county building commissioner or similar official to the county board of zoning appeals created pursuant to § 13-7-106 , or similar law, for a final decision. (g) Nothing in this section shall be construed to apply to "outdoor advertising" as defined in § 54-21-102 . Acts 2012, ch. 1034, § 1.
(a) (1) It is the intent of the general assembly that all appropriate actions should be taken to authorize the local legislative body in any county having a population of not less than one hundred sixty thousand six hundred (160,600) nor more than one hundred sixty thousand seven hundred (160,700), according to the 2010 federal census or any subsequent federal census which has county-wide zoning to protect the manner in which growth and construction of buildings are regulated in areas of historical significance to a locality, the county and the state. (2) The county legislative body of a county to which subdivision (a)(1) applies may create a design review commission, referred to in this section as "DRC," having the authority to develop general guidelines for the exterior appearance of and entrance to properties which are located in an area of historical significance to a locality, the county and the state. The only properties to which this section applies located in such area must be: (A) Nonresidential property; or (B) Multiple family residential property. (3) The county legislative body may designate the planning commission as the design review commission. (4) When developing the guidelines for the exterior appearance of and entrance to properties identified in subdivision (a)(2), the county legislative body or planning commission must obtain input from citizens living within the area as well as from persons who have an interest in and knowledge of preservation of historic buildings. (5) When the county creates a separate DRC, the county mayor or county executive or metropolitan mayor shall appoint the members of the DRC from residents of the county and shall strive to ensure that the membership is representative of the county as a whole, including, if possible, members with either architectural or engineering knowledge, or any other person having experience in nonresidential building.
(1) It is the intent of the general assembly that all appropriate actions should be taken to authorize the local legislative body in any county having a population of not less than one hundred sixty thousand six hundred (160,600) nor more than one hundred sixty thousand seven hundred (160,700), according to the 2010 federal census or any subsequent federal census which has county-wide zoning to protect the manner in which growth and construction of buildings are regulated in areas of historical significance to a locality, the county and the state.
(2) The county legislative body of a county to which subdivision (a)(1) applies may create a design review commission, referred to in this section as "DRC," having the authority to develop general guidelines for the exterior appearance of and entrance to properties which are located in an area of historical significance to a locality, the county and the state. The only properties to which this section applies located in such area must be: (A) Nonresidential property; or (B) Multiple family residential property.
(A) Nonresidential property; or
(B) Multiple family residential property.
(3) The county legislative body may designate the planning commission as the design review commission.
(4) When developing the guidelines for the exterior appearance of and entrance to properties identified in subdivision (a)(2), the county legislative body or planning commission must obtain input from citizens living within the area as well as from persons who have an interest in and knowledge of preservation of historic buildings.
(5) When the county creates a separate DRC, the county mayor or county executive or metropolitan mayor shall appoint the members of the DRC from residents of the county and shall strive to ensure that the membership is representative of the county as a whole, including, if possible, members with either architectural or engineering knowledge, or any other person having experience in nonresidential building.
(b) If a municipality within a county has a planning region outside of its current corporate limits, and the municipality has a DRC that has adopted guidelines, then the county's DRC shall adopt the same guidelines as the municipality for that area within the municipality's planning region insofar as such guidelines meet the requirements of subsection (a).
(c) The county DRC guidelines adopted pursuant to subsection (a) shall not apply within the corporate limits of any municipality unless the municipality adopts such county's DRC guidelines.
(d) This section shall not apply to any agricultural buildings in the unincorporated area of the county.
(e) The county DRC guidelines adopted pursuant to subsection (a) shall be subject to approval by the county legislative body. Once approved, county building permits issued pursuant to § 13-7-110 or similar law, shall be withheld for noncompliance with DRC guidelines.
(f) Any property owner affected by the guidelines or the withholding of a building permit due to noncompliance with such adopted DRC guidelines may appeal a decision of the DRC or the county building commissioner or similar official to the county board of zoning appeals created pursuant to § 13-7-106 , or similar law, for a final decision.
(g) Nothing in this section shall be construed to apply to "outdoor advertising" as defined in § 54-21-102 .
Acts 2012, ch. 1034, § 1.
Tenn. Code Ann. § 5-12-104 — TN Code / Title 5 / Chapter 12 / Section 5-12-104
Budget committee
Status: in_force

(a) A county budget committee is hereby created. (b) (1) Except as provided in subsection (e), the committee shall consist of five (5) members, one (1) of whom shall be the county mayor, and the other four (4) shall be appointed by the county mayor with the approval of the county governing body at its regular January session of each year or at any subsequent session. (2) The members of the committee need not be members of the county governing body. (3) The county mayor shall be the ex officio chair of the budget committee, and the director of accounts and budgets shall be the ex officio secretary of the budget committee. (c) (1) The county governing body may in its discretion allow members of the budget committee such compensation for their service as the commission may deem proper. (2) Any provision for compensation, as well as provision for printing, publicity, supplies and other necessary expenses of the budget committee, shall be payable from the county general fund and shall be included in the annual appropriations. (d) The budget committee shall perform all the duties respecting county budgets and appropriations now performed, or required to be performed, by the finance committee, tax levy committee or other committees of the county, and shall perform such other duties as provided in this part. (e) In any county having a population of not less than one hundred fifty-six thousand eight hundred (156,800) nor more than one hundred fifty-six thousand nine hundred (156,900), according to the 2010 federal census or any subsequent federal census, the committee shall consist of not more than nine (9) nor less than five (5) members, one (1) of whom shall be the county mayor. The other members shall be appointed by the county mayor with the approval of the county governing body at its regular January session of each year or at any subsequent session. The number of members shall be determined annually by the legislative body of the county. Amended by 2013 Tenn. Acts, ch. 237,Secs.s1, s2 eff. 4/23/2013. Acts 1957, ch. 291, § 4; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 5-1204; Acts 2003, ch. 90, § 2.
(a) A county budget committee is hereby created.
(b) (1) Except as provided in subsection (e), the committee shall consist of five (5) members, one (1) of whom shall be the county mayor, and the other four (4) shall be appointed by the county mayor with the approval of the county governing body at its regular January session of each year or at any subsequent session. (2) The members of the committee need not be members of the county governing body. (3) The county mayor shall be the ex officio chair of the budget committee, and the director of accounts and budgets shall be the ex officio secretary of the budget committee.
(1) Except as provided in subsection (e), the committee shall consist of five (5) members, one (1) of whom shall be the county mayor, and the other four (4) shall be appointed by the county mayor with the approval of the county governing body at its regular January session of each year or at any subsequent session.
(2) The members of the committee need not be members of the county governing body.
(3) The county mayor shall be the ex officio chair of the budget committee, and the director of accounts and budgets shall be the ex officio secretary of the budget committee.
(c) (1) The county governing body may in its discretion allow members of the budget committee such compensation for their service as the commission may deem proper. (2) Any provision for compensation, as well as provision for printing, publicity, supplies and other necessary expenses of the budget committee, shall be payable from the county general fund and shall be included in the annual appropriations.
(1) The county governing body may in its discretion allow members of the budget committee such compensation for their service as the commission may deem proper.
(2) Any provision for compensation, as well as provision for printing, publicity, supplies and other necessary expenses of the budget committee, shall be payable from the county general fund and shall be included in the annual appropriations.
(d) The budget committee shall perform all the duties respecting county budgets and appropriations now performed, or required to be performed, by the finance committee, tax levy committee or other committees of the county, and shall perform such other duties as provided in this part.
(e) In any county having a population of not less than one hundred fifty-six thousand eight hundred (156,800) nor more than one hundred fifty-six thousand nine hundred (156,900), according to the 2010 federal census or any subsequent federal census, the committee shall consist of not more than nine (9) nor less than five (5) members, one (1) of whom shall be the county mayor. The other members shall be appointed by the county mayor with the approval of the county governing body at its regular January session of each year or at any subsequent session. The number of members shall be determined annually by the legislative body of the county.
Amended by 2013 Tenn. Acts, ch. 237,Secs.s1, s2 eff. 4/23/2013.
Acts 1957, ch. 291, § 4; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 5-1204; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-21-110 — TN Code / Title 5 / Chapter 21 / Section 5-21-110
Budget - Preparation and committee review - Timeline and budgetary process for LEA
Status: in_force

(a) On or before February 1 of each year the budget committee, in conjunction with the director, shall prescribe the budgetary procedures, forms, calendar and other information as may be necessary to implement the budgetary procedures contained in this chapter. (b) On request of the budget committee each department or office of county government shall submit a proposed budget for the succeeding fiscal year and such other budgetary information requested by the director of the budget committee. (c) (1) From information submitted the director shall prepare a consolidated budget document. (2) Such document shall show by item the amounts estimated by the various departments and officials required for the efficient operation of the county government from the county general fund, the debt service funds, highway funds, school funds and all other funds. (3) Such document shall show an estimate of the revenues to be received by each of the funds during the next fiscal year and an estimate of the unencumbered fund balance of each of such funds at the beginning of the fiscal year. (d) (1) The director shall file the consolidated budget with the budget committee. (2) The budget committee shall review and present the recommended budget to the members of the county legislative body in accordance with a calendar and procedures adopted pursuant to subsection (a) or the timeline provided in subsection (e). (3) Such budget shall contain an itemized and classified plan of all proposed expenditures and estimated receipts for the ensuing fiscal year as submitted by each department, office or agency and recommended by the budget committee, and shall conform to the uniform classification of accounts established by the director in accordance with the prescribed state uniform accounting system. (4) It is expressly provided that the classification of expenditures and receipts of any and all county school funds for any purpose, administered by the county board of education and county director of schools, shall conform to the classification of accounts as prescribed by the commissioner of education. (5) The budget committee shall fully provide in the budget for all requirements for debt service, interest and bond maturities and for any cash deficit in any fund at the beginning of the fiscal year, and shall propose a tentative tax rate to fund such budget. The budget committee shall fully provide for any court-ordered expenses, including, but not limited to, deputies' and assistants' salaries authorized by court order pursuant to title 8, chapter 20. The budget, when adopted, shall appropriate funds to fully comply with such court order. The county legislative body shall adopt any budget amendment necessary to implement such court order. (e) In the absence of a locally adopted calendar and procedures pursuant to subsection (a), the budgetary procedures for the county shall follow the following timeline: (1) No later than February 1, the director shall deliver forms for all budget requests to all departments, commissions, institutions, boards, offices, and agencies; (2) No later than March 1, all departments, commissions, institutions, boards, offices, or agencies except the local board of education shall deliver the appropriate estimates and budget request to the director; (3) (A) No later than April 1, the county budget committee shall vote upon the proposed budget and the director shall notify the department, commission, institution, board, office, or agency whether the county budget committee approves or rejects the proposed budget; (B) If approved, the director shall immediately forward the proposed budget to the county legislative body for consideration; or (C) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the director within ten (10) business days after receipt of notice that the budget proposal was rejected. (4) No later than May 1, each LEA shall submit a proposed budget to the director; provided that, the LEA may amend the proposed budget after May 1; (5) (A) No later than June 1, the county budget committee shall vote upon the proposed budget and the director shall notify the LEA whether the county budget committee approves or rejects the LEA's proposed budget; (B) If approved, the director shall immediately forward the proposed budget to the county legislative body for consideration; or (C) If rejected, the LEA shall submit a revised budget proposal to the director within ten (10) business days after receipt of notice that the budget proposal was rejected; (6) If the county budget committee of the local governing body rejects the first and second budget proposals from any department, commission, institution, board, office, or agency, then the third and any subsequent proposals shall be delivered directly to the county legislative body which shall approve or reject the proposal within ten (10) business days of the body's receipt of the amended proposal; and (7) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the county legislative body within ten (10) business days after receipt of notice that the budget proposal was rejected. (f) The timeline and budgetary process pursuant to this section may be waived or altered, if agreed upon by the county legislative body and the respective department, commission, institution, board, office, or agency. Amended by 2016 Tenn. Acts, ch. 1080, s 14, eff. 1/1/2017. Amended by 2016 Tenn. Acts, ch. 1080, s 13, eff. 1/1/2017. Acts 1981, ch. 325, § 10; 1993, ch. 515, § 4.
(a) On or before February 1 of each year the budget committee, in conjunction with the director, shall prescribe the budgetary procedures, forms, calendar and other information as may be necessary to implement the budgetary procedures contained in this chapter.
(b) On request of the budget committee each department or office of county government shall submit a proposed budget for the succeeding fiscal year and such other budgetary information requested by the director of the budget committee.
(c) (1) From information submitted the director shall prepare a consolidated budget document. (2) Such document shall show by item the amounts estimated by the various departments and officials required for the efficient operation of the county government from the county general fund, the debt service funds, highway funds, school funds and all other funds. (3) Such document shall show an estimate of the revenues to be received by each of the funds during the next fiscal year and an estimate of the unencumbered fund balance of each of such funds at the beginning of the fiscal year.
(1) From information submitted the director shall prepare a consolidated budget document.
(2) Such document shall show by item the amounts estimated by the various departments and officials required for the efficient operation of the county government from the county general fund, the debt service funds, highway funds, school funds and all other funds.
(3) Such document shall show an estimate of the revenues to be received by each of the funds during the next fiscal year and an estimate of the unencumbered fund balance of each of such funds at the beginning of the fiscal year.
(d) (1) The director shall file the consolidated budget with the budget committee. (2) The budget committee shall review and present the recommended budget to the members of the county legislative body in accordance with a calendar and procedures adopted pursuant to subsection (a) or the timeline provided in subsection (e). (3) Such budget shall contain an itemized and classified plan of all proposed expenditures and estimated receipts for the ensuing fiscal year as submitted by each department, office or agency and recommended by the budget committee, and shall conform to the uniform classification of accounts established by the director in accordance with the prescribed state uniform accounting system. (4) It is expressly provided that the classification of expenditures and receipts of any and all county school funds for any purpose, administered by the county board of education and county director of schools, shall conform to the classification of accounts as prescribed by the commissioner of education. (5) The budget committee shall fully provide in the budget for all requirements for debt service, interest and bond maturities and for any cash deficit in any fund at the beginning of the fiscal year, and shall propose a tentative tax rate to fund such budget. The budget committee shall fully provide for any court-ordered expenses, including, but not limited to, deputies' and assistants' salaries authorized by court order pursuant to title 8, chapter 20. The budget, when adopted, shall appropriate funds to fully comply with such court order. The county legislative body shall adopt any budget amendment necessary to implement such court order.
(1) The director shall file the consolidated budget with the budget committee.
(2) The budget committee shall review and present the recommended budget to the members of the county legislative body in accordance with a calendar and procedures adopted pursuant to subsection (a) or the timeline provided in subsection (e).
(3) Such budget shall contain an itemized and classified plan of all proposed expenditures and estimated receipts for the ensuing fiscal year as submitted by each department, office or agency and recommended by the budget committee, and shall conform to the uniform classification of accounts established by the director in accordance with the prescribed state uniform accounting system.
(4) It is expressly provided that the classification of expenditures and receipts of any and all county school funds for any purpose, administered by the county board of education and county director of schools, shall conform to the classification of accounts as prescribed by the commissioner of education.
(5) The budget committee shall fully provide in the budget for all requirements for debt service, interest and bond maturities and for any cash deficit in any fund at the beginning of the fiscal year, and shall propose a tentative tax rate to fund such budget. The budget committee shall fully provide for any court-ordered expenses, including, but not limited to, deputies' and assistants' salaries authorized by court order pursuant to title 8, chapter 20. The budget, when adopted, shall appropriate funds to fully comply with such court order. The county legislative body shall adopt any budget amendment necessary to implement such court order.
(e) In the absence of a locally adopted calendar and procedures pursuant to subsection (a), the budgetary procedures for the county shall follow the following timeline: (1) No later than February 1, the director shall deliver forms for all budget requests to all departments, commissions, institutions, boards, offices, and agencies; (2) No later than March 1, all departments, commissions, institutions, boards, offices, or agencies except the local board of education shall deliver the appropriate estimates and budget request to the director; (3) (A) No later than April 1, the county budget committee shall vote upon the proposed budget and the director shall notify the department, commission, institution, board, office, or agency whether the county budget committee approves or rejects the proposed budget; (B) If approved, the director shall immediately forward the proposed budget to the county legislative body for consideration; or (C) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the director within ten (10) business days after receipt of notice that the budget proposal was rejected. (4) No later than May 1, each LEA shall submit a proposed budget to the director; provided that, the LEA may amend the proposed budget after May 1; (5) (A) No later than June 1, the county budget committee shall vote upon the proposed budget and the director shall notify the LEA whether the county budget committee approves or rejects the LEA's proposed budget; (B) If approved, the director shall immediately forward the proposed budget to the county legislative body for consideration; or (C) If rejected, the LEA shall submit a revised budget proposal to the director within ten (10) business days after receipt of notice that the budget proposal was rejected; (6) If the county budget committee of the local governing body rejects the first and second budget proposals from any department, commission, institution, board, office, or agency, then the third and any subsequent proposals shall be delivered directly to the county legislative body which shall approve or reject the proposal within ten (10) business days of the body's receipt of the amended proposal; and (7) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the county legislative body within ten (10) business days after receipt of notice that the budget proposal was rejected.
(1) No later than February 1, the director shall deliver forms for all budget requests to all departments, commissions, institutions, boards, offices, and agencies;
(2) No later than March 1, all departments, commissions, institutions, boards, offices, or agencies except the local board of education shall deliver the appropriate estimates and budget request to the director;
(3) (A) No later than April 1, the county budget committee shall vote upon the proposed budget and the director shall notify the department, commission, institution, board, office, or agency whether the county budget committee approves or rejects the proposed budget; (B) If approved, the director shall immediately forward the proposed budget to the county legislative body for consideration; or (C) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the director within ten (10) business days after receipt of notice that the budget proposal was rejected.
(A) No later than April 1, the county budget committee shall vote upon the proposed budget and the director shall notify the department, commission, institution, board, office, or agency whether the county budget committee approves or rejects the proposed budget;
(B) If approved, the director shall immediately forward the proposed budget to the county legislative body for consideration; or
(C) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the director within ten (10) business days after receipt of notice that the budget proposal was rejected.
(4) No later than May 1, each LEA shall submit a proposed budget to the director; provided that, the LEA may amend the proposed budget after May 1;
(5) (A) No later than June 1, the county budget committee shall vote upon the proposed budget and the director shall notify the LEA whether the county budget committee approves or rejects the LEA's proposed budget; (B) If approved, the director shall immediately forward the proposed budget to the county legislative body for consideration; or (C) If rejected, the LEA shall submit a revised budget proposal to the director within ten (10) business days after receipt of notice that the budget proposal was rejected;
(A) No later than June 1, the county budget committee shall vote upon the proposed budget and the director shall notify the LEA whether the county budget committee approves or rejects the LEA's proposed budget;
(B) If approved, the director shall immediately forward the proposed budget to the county legislative body for consideration; or
(C) If rejected, the LEA shall submit a revised budget proposal to the director within ten (10) business days after receipt of notice that the budget proposal was rejected;
(6) If the county budget committee of the local governing body rejects the first and second budget proposals from any department, commission, institution, board, office, or agency, then the third and any subsequent proposals shall be delivered directly to the county legislative body which shall approve or reject the proposal within ten (10) business days of the body's receipt of the amended proposal; and
(7) If rejected, the department, commission, institution, board, office, or agency shall submit a revised budget proposal to the county legislative body within ten (10) business days after receipt of notice that the budget proposal was rejected.
(f) The timeline and budgetary process pursuant to this section may be waived or altered, if agreed upon by the county legislative body and the respective department, commission, institution, board, office, or agency.
Amended by 2016 Tenn. Acts, ch. 1080, s 14, eff. 1/1/2017.
Amended by 2016 Tenn. Acts, ch. 1080, s 13, eff. 1/1/2017.
Acts 1981, ch. 325, § 10; 1993, ch. 515, § 4.
Tenn. Code Ann. § 5-2-108 — TN Code / Title 5 / Chapter 2 / Section 5-2-108
New or altered counties - Pending litigation
Status: in_force

(a) All actions at law or in equity, or causes in the court of general sessions of any old county where new counties have been formed from the territory of the same, if the parties interested in the suits live in the new counties so formed, and the subject matter of the suits originated within the limits of the new county, upon application of the parties litigant, or either of them, may be removed to the new county. (b) When the plaintiff and defendant in any litigation both reside in a new county established by law, the litigation, if pending in one (1) of the old counties from which the new county is taken, may be transferred to the court established for the new county, either common law, chancery, or criminal, according to the nature of the case. Code 1858, § 84 (deriv. Acts 1835-1836, ch. 86, § 1); Acts 1870-1871, ch. 112, § 1; Shan., §§ 102, 108; Code 1932, §§ 121, 127; impl. am. Acts 1978, ch. 934, § 36; T.C.A. (orig. ed.), §§ 5-208, 5-209, 5-2-109.
(a) All actions at law or in equity, or causes in the court of general sessions of any old county where new counties have been formed from the territory of the same, if the parties interested in the suits live in the new counties so formed, and the subject matter of the suits originated within the limits of the new county, upon application of the parties litigant, or either of them, may be removed to the new county.
(b) When the plaintiff and defendant in any litigation both reside in a new county established by law, the litigation, if pending in one (1) of the old counties from which the new county is taken, may be transferred to the court established for the new county, either common law, chancery, or criminal, according to the nature of the case.
Code 1858, § 84 (deriv. Acts 1835-1836, ch. 86, § 1); Acts 1870-1871, ch. 112, § 1; Shan., §§ 102, 108; Code 1932, §§ 121, 127; impl. am. Acts 1978, ch. 934, § 36; T.C.A. (orig. ed.), §§ 5-208, 5-209, 5-2-109.
Tenn. Code Ann. § 5-16-102 — TN Code / Title 5 / Chapter 16 / Section 5-16-102
Resolution of authorization
Status: in_force

For the exercise of the powers conferred by this chapter, a county shall authorize same by resolution adopted by a majority of the county legislative body or other governing body. Such resolution shall provide for the exercise of such powers by either: (1) Some agency of the county already in existence; (2) A public works department to be created; or (3) A board established as provided in § 5-16-103 . Acts 1961, ch. 166, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1602.
For the exercise of the powers conferred by this chapter, a county shall authorize same by resolution adopted by a majority of the county legislative body or other governing body. Such resolution shall provide for the exercise of such powers by either:
(1) Some agency of the county already in existence;
(2) A public works department to be created; or
(3) A board established as provided in § 5-16-103 .
Acts 1961, ch. 166, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1602.
Tenn. Code Ann. § 5-6-101 — TN Code / Title 5 / Chapter 6 / Section 5-6-101
County mayor - Term - Title
Status: in_force

(a) Except in counties organized under the consolidated government provisions of the Constitution of Tennessee, article XI, § 9, the chief executive officer of each county shall be a county mayor elected in accordance with § 5-6-102 by the qualified voters of the county for a term of four (4) years or until a successor is elected and qualified. (b) The term of office for a county mayor shall begin on September 1 next succeeding the county mayor's election. (c) References to the chair of the county court and county judge appearing elsewhere in this code shall be deemed references to the county mayor. (d) (1) The chief executive officer of each county shall be redesignated and hereafter referred to as the county mayor, except as provided in subdivision (d)(2). References to the term "county executive" appearing elsewhere in this code are to be deemed references to the county mayor. (2) Private acts enacted prior to March 28, 2007, designating the title of the chief executive officer of the county as "county executive" shall remain in full force and effect. No county may redesignate the county mayor as county executive by private act following March 28, 2007. (3) Notwithstanding subdivisions (d)(1) and (2), in any county having a population of not less than twenty thousand one hundred (20,100) nor more than twenty thousand two hundred (20,200), according to the 2000 federal census or any subsequent federal census, the chief executive officer of the county shall be designated and hereafter referred to as the county executive. Code 1858, § 4187 (deriv. Acts 1835-1836, ch. 6, § 4); impl. am. Acts 1887, ch. 236, § 2; Shan., § 6004; Code 1932, § 10202; impl. am. Acts 1935, ch. 10, § 1; C. Supp. 1950, § 10202; Acts 1978, ch. 934, § 16; 1979, ch. 53, § 1; T.C.A. (orig. ed.), § 5-601; Acts 1981, ch. 219, § 2; 2003, ch. 90, §§ 1, 2; 2004, ch. 568, § 1; 2007, ch. 3, § 1; 2011, ch. 107, § 1.
(a) Except in counties organized under the consolidated government provisions of the Constitution of Tennessee, article XI, § 9, the chief executive officer of each county shall be a county mayor elected in accordance with § 5-6-102 by the qualified voters of the county for a term of four (4) years or until a successor is elected and qualified.
(b) The term of office for a county mayor shall begin on September 1 next succeeding the county mayor's election.
(c) References to the chair of the county court and county judge appearing elsewhere in this code shall be deemed references to the county mayor.
(d) (1) The chief executive officer of each county shall be redesignated and hereafter referred to as the county mayor, except as provided in subdivision (d)(2). References to the term "county executive" appearing elsewhere in this code are to be deemed references to the county mayor. (2) Private acts enacted prior to March 28, 2007, designating the title of the chief executive officer of the county as "county executive" shall remain in full force and effect. No county may redesignate the county mayor as county executive by private act following March 28, 2007. (3) Notwithstanding subdivisions (d)(1) and (2), in any county having a population of not less than twenty thousand one hundred (20,100) nor more than twenty thousand two hundred (20,200), according to the 2000 federal census or any subsequent federal census, the chief executive officer of the county shall be designated and hereafter referred to as the county executive.
(1) The chief executive officer of each county shall be redesignated and hereafter referred to as the county mayor, except as provided in subdivision (d)(2). References to the term "county executive" appearing elsewhere in this code are to be deemed references to the county mayor.
(2) Private acts enacted prior to March 28, 2007, designating the title of the chief executive officer of the county as "county executive" shall remain in full force and effect. No county may redesignate the county mayor as county executive by private act following March 28, 2007.
(3) Notwithstanding subdivisions (d)(1) and (2), in any county having a population of not less than twenty thousand one hundred (20,100) nor more than twenty thousand two hundred (20,200), according to the 2000 federal census or any subsequent federal census, the chief executive officer of the county shall be designated and hereafter referred to as the county executive.
Code 1858, § 4187 (deriv. Acts 1835-1836, ch. 6, § 4); impl. am. Acts 1887, ch. 236, § 2; Shan., § 6004; Code 1932, § 10202; impl. am. Acts 1935, ch. 10, § 1; C. Supp. 1950, § 10202; Acts 1978, ch. 934, § 16; 1979, ch. 53, § 1; T.C.A. (orig. ed.), § 5-601; Acts 1981, ch. 219, § 2; 2003, ch. 90, §§ 1, 2; 2004, ch. 568, § 1; 2007, ch. 3, § 1; 2011, ch. 107, § 1.
Tenn. Code Ann. § 5-6-106 — TN Code / Title 5 / Chapter 6 / Section 5-6-106
Powers and duties - Generally - Ex officio memberships - Appointments
Status: in_force

(a) The county mayor shall be the chief executive officer of the county and shall have all the powers and duties formerly exercised by the county judge, county chair, or elected official exercising general supervision of the county government as provided by this chapter, other general law, special, local or private acts. (b) (1) (A) The county mayor shall serve as a nonvoting ex officio member of the county legislative body. The county mayor or the county mayor's designated representative shall serve as a nonvoting ex officio member of each committee of the county legislative body and of each board, commission, or authority of the county government, except as provided by law or by action of the county legislative body. (B) Notwithstanding subdivision (b)(1)(A), the county mayor is not a member of the county legislative body for purposes of title 8, chapter 44, part 1. (2) In those circumstances not addressed by subdivision (b)(1), the county mayor may designate, from time to time, a professional staff member with appropriate training or a member of the county legislative body to sit in the county mayor's place on any board, authority or commission that the county mayor serves upon by virtue of holding the office of county mayor. Any such designee shall have the powers, including the power to vote, as are otherwise conferred upon the county mayor when serving upon such board, authority or commission. At any such meeting attended by the county mayor, only the county mayor shall exercise voting power. (c) Except as otherwise provided by general law, or special or private act, the county mayor shall appoint members of county boards and commissions and county department heads. Such appointees shall be subject to confirmation by the county legislative body, and in so doing, the legislative body may express its views fully and freely and shall vote for or against confirmation. The legislative body shall not seek or interview such prospective employees prior to their appointment by the county mayor. Such appointment and confirmation are not applicable to employees appointed by other elected county officials. Amended by 2024 Tenn. Acts, ch. 580,s 1, eff. 3/15/2024. Acts 1978, ch. 934, § 17; 1979, ch. 80, § 1; T.C.A., § 5-606; Acts 1985, ch. 145, § 1; 2003 , ch. 90, § 2.
(a) The county mayor shall be the chief executive officer of the county and shall have all the powers and duties formerly exercised by the county judge, county chair, or elected official exercising general supervision of the county government as provided by this chapter, other general law, special, local or private acts.
(b) (1) (A) The county mayor shall serve as a nonvoting ex officio member of the county legislative body. The county mayor or the county mayor's designated representative shall serve as a nonvoting ex officio member of each committee of the county legislative body and of each board, commission, or authority of the county government, except as provided by law or by action of the county legislative body. (B) Notwithstanding subdivision (b)(1)(A), the county mayor is not a member of the county legislative body for purposes of title 8, chapter 44, part 1. (2) In those circumstances not addressed by subdivision (b)(1), the county mayor may designate, from time to time, a professional staff member with appropriate training or a member of the county legislative body to sit in the county mayor's place on any board, authority or commission that the county mayor serves upon by virtue of holding the office of county mayor. Any such designee shall have the powers, including the power to vote, as are otherwise conferred upon the county mayor when serving upon such board, authority or commission. At any such meeting attended by the county mayor, only the county mayor shall exercise voting power.
(1) (A) The county mayor shall serve as a nonvoting ex officio member of the county legislative body. The county mayor or the county mayor's designated representative shall serve as a nonvoting ex officio member of each committee of the county legislative body and of each board, commission, or authority of the county government, except as provided by law or by action of the county legislative body. (B) Notwithstanding subdivision (b)(1)(A), the county mayor is not a member of the county legislative body for purposes of title 8, chapter 44, part 1.
(A) The county mayor shall serve as a nonvoting ex officio member of the county legislative body. The county mayor or the county mayor's designated representative shall serve as a nonvoting ex officio member of each committee of the county legislative body and of each board, commission, or authority of the county government, except as provided by law or by action of the county legislative body.
(B) Notwithstanding subdivision (b)(1)(A), the county mayor is not a member of the county legislative body for purposes of title 8, chapter 44, part 1.
(2) In those circumstances not addressed by subdivision (b)(1), the county mayor may designate, from time to time, a professional staff member with appropriate training or a member of the county legislative body to sit in the county mayor's place on any board, authority or commission that the county mayor serves upon by virtue of holding the office of county mayor. Any such designee shall have the powers, including the power to vote, as are otherwise conferred upon the county mayor when serving upon such board, authority or commission. At any such meeting attended by the county mayor, only the county mayor shall exercise voting power.
(c) Except as otherwise provided by general law, or special or private act, the county mayor shall appoint members of county boards and commissions and county department heads. Such appointees shall be subject to confirmation by the county legislative body, and in so doing, the legislative body may express its views fully and freely and shall vote for or against confirmation. The legislative body shall not seek or interview such prospective employees prior to their appointment by the county mayor. Such appointment and confirmation are not applicable to employees appointed by other elected county officials.
Amended by 2024 Tenn. Acts, ch. 580,s 1, eff. 3/15/2024.
Acts 1978, ch. 934, § 17; 1979, ch. 80, § 1; T.C.A., § 5-606; Acts 1985, ch. 145, § 1; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-14-107 — TN Code / Title 5 / Chapter 14 / Section 5-14-107
Rules and regulations
Status: in_force

The county purchasing agent, with the assistance of the county purchasing commission, shall adopt, promulgate, and may from time to time amend, rules and regulations for the purchase of supplies, materials, equipment and contractual services and specifically for the following purposes: (1) Authorizing in writing any department, official or agency of the county government to make purchases in the open market for immediate delivery in emergencies, defining such emergencies, describing the manner in which such emergency purchases shall be made and promptly afterward reported to the county purchasing agent; (2) Prescribing the manner in which supplies, materials and equipment shall be requisitioned, purchased, delivered, stored and distributed, and providing that such shall be conducted in accordance with this part; (3) Prescribing the dates for submitting requisitions and estimates, the future period they are to cover, the form in which they are to be submitted, the manner of their authentication, and their revision by the county purchasing agent; (4) Prescribing the manner of inspecting all deliveries of supplies, materials and equipment, and of making or procuring chemical and physical tests of samples submitted with bids and samples of deliveries to determine compliance with specifications; (5) Requiring periodical and special reports by county departments, agencies, and employees of stocks of surplus, unusable or obsolete supplies and equipment on hand and prescribing the form of such reports; (6) Providing for the transfer to or between county departments and agencies of supplies and equipment on hand, that are surplus with one (1) department or agency, but that may be needed by another or others, and for the disposal by sale, after receipt of competitive bids, of supplies, materials and equipment that are obsolete or unusable; (7) Determining whether a deposit or bond is to be submitted with a bid on a purchase contract or sale, and if required, prescribing the amount and form thereof, and providing that such surety shall be forfeited if the successful bidder refuses to enter into contract ten (10) days after the award; (8) Prescribing the manner in which invoices for supplies, materials, equipment and contractual services delivered to any and all departments, agencies and offices of the county shall be submitted, examined and approved; (9) Providing for all other such matters as may be necessary to give effect to the foregoing rules and to this part; and (10) Prescribing the manner in which public auctions for the sale of county-owned property, real or personal, that has become surplus, obsolete or unusable shall be conducted. Acts 1957, ch. 312, § 4; T.C.A., § 5-1405; Acts 1984, ch. 647, § 1.
The county purchasing agent, with the assistance of the county purchasing commission, shall adopt, promulgate, and may from time to time amend, rules and regulations for the purchase of supplies, materials, equipment and contractual services and specifically for the following purposes:
(1) Authorizing in writing any department, official or agency of the county government to make purchases in the open market for immediate delivery in emergencies, defining such emergencies, describing the manner in which such emergency purchases shall be made and promptly afterward reported to the county purchasing agent;
(2) Prescribing the manner in which supplies, materials and equipment shall be requisitioned, purchased, delivered, stored and distributed, and providing that such shall be conducted in accordance with this part;
(3) Prescribing the dates for submitting requisitions and estimates, the future period they are to cover, the form in which they are to be submitted, the manner of their authentication, and their revision by the county purchasing agent;
(4) Prescribing the manner of inspecting all deliveries of supplies, materials and equipment, and of making or procuring chemical and physical tests of samples submitted with bids and samples of deliveries to determine compliance with specifications;
(5) Requiring periodical and special reports by county departments, agencies, and employees of stocks of surplus, unusable or obsolete supplies and equipment on hand and prescribing the form of such reports;
(6) Providing for the transfer to or between county departments and agencies of supplies and equipment on hand, that are surplus with one (1) department or agency, but that may be needed by another or others, and for the disposal by sale, after receipt of competitive bids, of supplies, materials and equipment that are obsolete or unusable;
(7) Determining whether a deposit or bond is to be submitted with a bid on a purchase contract or sale, and if required, prescribing the amount and form thereof, and providing that such surety shall be forfeited if the successful bidder refuses to enter into contract ten (10) days after the award;
(8) Prescribing the manner in which invoices for supplies, materials, equipment and contractual services delivered to any and all departments, agencies and offices of the county shall be submitted, examined and approved;
(9) Providing for all other such matters as may be necessary to give effect to the foregoing rules and to this part; and
(10) Prescribing the manner in which public auctions for the sale of county-owned property, real or personal, that has become surplus, obsolete or unusable shall be conducted.
Acts 1957, ch. 312, § 4; T.C.A., § 5-1405; Acts 1984, ch. 647, § 1.
Tenn. Code Ann. § 5-13-110 — TN Code / Title 5 / Chapter 13 / Section 5-13-110
Application to schools, etc
Status: in_force

This chapter shall not apply to county school funds for any purpose, the county board of education, and the county director of schools unless approved by the commissioner of education. Acts 1957, ch. 313, § 9A; T.C.A., § 5-1310.
This chapter shall not apply to county school funds for any purpose, the county board of education, and the county director of schools unless approved by the commissioner of education.
Acts 1957, ch. 313, § 9A; T.C.A., § 5-1310.
Tenn. Code Ann. § 5-6-121 — TN Code / Title 5 / Chapter 6 / Section 5-6-121
County fire marshal - Appointment - Compensation - Qualifications
Status: in_force

(a) The county mayor for each county may appoint a fire marshal, whose duty shall be to coordinate the efforts of volunteer fire departments, enforce local fire safety regulations and assist in the prevention of fire and arson. If a county fire marshal is employed, the county mayor shall establish the compensation of the county fire marshal within the amount appropriated for such purpose by the county legislative body. (b) The county fire marshal shall: (1) Have at least five (5) years of experience as a firefighter; (2) Have and maintain certification from the state fire marshal in accordance with § 68-120-113 ; and (3) Serve at the pleasure of the county mayor. Acts 2008, ch. 843, § 1.
(a) The county mayor for each county may appoint a fire marshal, whose duty shall be to coordinate the efforts of volunteer fire departments, enforce local fire safety regulations and assist in the prevention of fire and arson. If a county fire marshal is employed, the county mayor shall establish the compensation of the county fire marshal within the amount appropriated for such purpose by the county legislative body.
(b) The county fire marshal shall: (1) Have at least five (5) years of experience as a firefighter; (2) Have and maintain certification from the state fire marshal in accordance with § 68-120-113 ; and (3) Serve at the pleasure of the county mayor.
(1) Have at least five (5) years of experience as a firefighter;
(2) Have and maintain certification from the state fire marshal in accordance with § 68-120-113 ; and
(3) Serve at the pleasure of the county mayor.
Acts 2008, ch. 843, § 1.
Tenn. Code Ann. § 5-1-204 — TN Code / Title 5 / Chapter 1 / Section 5-1-204
Charter commission - Creation
Status: in_force

(a) The initial step in a charter form of county government shall be the creation of a charter commission. (b) (1) The charter commission may be created by the adoption of a charter resolution by the legislative body of a county. (2) Such resolution shall be adopted by a majority of all members constituting such legislative body, and not by merely a majority of the quorum at any regular meeting or at any meeting specially called to consider such resolution. (3) Such resolution shall provide that a charter commission is established to propose to the people an alternative form of county government to perform all of the governmental and corporate functions of the county. (4) Such resolution shall provide that an election shall be held to select members of the charter commission. (5) Members of the charter commission shall be elected from the same districts and in the same manner as the members of the county legislative body. No more than three (3) members of the charter commission shall be elected from any one (1) district. (6) A copy of the resolution providing for an election to select members of the charter commission shall be certified by the county clerk to the county election commission, together with certificates as to the fact and date of adoption, and thereupon an election shall be held as provided in § 5-1-205 . (c) (1) Alternatively, the charter commission may be created by proclamation of the county mayor. (2) Such proclamation shall be ratified by a two-thirds (2/3) vote of all members constituting the county legislative body, and not by merely a majority of the quorum at any regular meeting or at any meeting specially called to consider such proclamation. (3) Such proclamation shall provide that a charter commission is established to propose to the people an alternative form of county government to perform all of the governmental and corporate functions of the county. (4) Such proclamation shall also identify and appoint the individual members of the charter commission. (5) Members of the charter commission shall be appointed from the same districts as members of the county legislative body are elected. No more than three (3) members of the charter commission shall be appointed from any one (1) district. (6) This subsection (c) shall not apply in counties having a population of: not less than nor more than 4,300 4,400 4,500 4,600 6,125 6,225 7,650 7,700 9,350 9,400 13,565 13,600 14,925 14,940 15,675 15,775 19,500 19,575 26,400 26,500 31,900 32,000 32,600 32,700 38,300 38,315 47,575 47,615 143,900 144,000 according to the 1980 federal census or any subsequent federal census. (d) (1) A charter resolution creating a charter commission may be initiated by petition of the voters in the following manner: (A) The petition shall be addressed to the county legislative body requesting that a charter commission be created, and it shall state the number of members to be elected as members of such commission; (B) The petition shall state the number of members to be elected from each of the same districts as members of the county legislative body. No more than three (3) members of the charter commission shall be elected from any one (1) district; (C) The petition shall be signed by at least a number of registered voters in the county equal to ten percent (10%) of the total number of votes cast in such county for governor at the last preceding gubernatorial election; (D) The petition requesting such resolution shall be filed with the county clerk and a photographic copy of the petition shall be filed at the same time with the county election commission, which shall be the judge of the sufficiency of the petition. (2) The county election commission shall hold an election on the charter resolution, as in subsection (b). (e) A charter commission may be created in any county in the manner prescribed by private act of the general assembly. (f) (1) Nothing contained within this section shall be construed to affect the judicial system in any county adopting a charter form of government except as its charter or ordinances may direct the imposing, levying or collection of fines, penalties, fees or court costs or the procedures for the filling of vacancies as required by law. (2) This subsection (f) shall not apply to counties with a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred ninety thousand (290,000), based upon the 1980 federal census. Acts 1979, ch. 402, § 4; T.C.A., § 5-124; Acts 1983, ch. 422, §§ 1, 2; 1984, ch. 763, § 1; 1984, ch. 905, §§ 1, 2; 2003, ch. 90, § 2.
(a) The initial step in a charter form of county government shall be the creation of a charter commission.
(b) (1) The charter commission may be created by the adoption of a charter resolution by the legislative body of a county. (2) Such resolution shall be adopted by a majority of all members constituting such legislative body, and not by merely a majority of the quorum at any regular meeting or at any meeting specially called to consider such resolution. (3) Such resolution shall provide that a charter commission is established to propose to the people an alternative form of county government to perform all of the governmental and corporate functions of the county. (4) Such resolution shall provide that an election shall be held to select members of the charter commission. (5) Members of the charter commission shall be elected from the same districts and in the same manner as the members of the county legislative body. No more than three (3) members of the charter commission shall be elected from any one (1) district. (6) A copy of the resolution providing for an election to select members of the charter commission shall be certified by the county clerk to the county election commission, together with certificates as to the fact and date of adoption, and thereupon an election shall be held as provided in § 5-1-205 .
(1) The charter commission may be created by the adoption of a charter resolution by the legislative body of a county.
(2) Such resolution shall be adopted by a majority of all members constituting such legislative body, and not by merely a majority of the quorum at any regular meeting or at any meeting specially called to consider such resolution.
(3) Such resolution shall provide that a charter commission is established to propose to the people an alternative form of county government to perform all of the governmental and corporate functions of the county.
(4) Such resolution shall provide that an election shall be held to select members of the charter commission.
(5) Members of the charter commission shall be elected from the same districts and in the same manner as the members of the county legislative body. No more than three (3) members of the charter commission shall be elected from any one (1) district.
(6) A copy of the resolution providing for an election to select members of the charter commission shall be certified by the county clerk to the county election commission, together with certificates as to the fact and date of adoption, and thereupon an election shall be held as provided in § 5-1-205 .
(c) (1) Alternatively, the charter commission may be created by proclamation of the county mayor. (2) Such proclamation shall be ratified by a two-thirds (2/3) vote of all members constituting the county legislative body, and not by merely a majority of the quorum at any regular meeting or at any meeting specially called to consider such proclamation. (3) Such proclamation shall provide that a charter commission is established to propose to the people an alternative form of county government to perform all of the governmental and corporate functions of the county. (4) Such proclamation shall also identify and appoint the individual members of the charter commission. (5) Members of the charter commission shall be appointed from the same districts as members of the county legislative body are elected. No more than three (3) members of the charter commission shall be appointed from any one (1) district. (6) This subsection (c) shall not apply in counties having a population of: not less than nor more than 4,300 4,400 4,500 4,600 6,125 6,225 7,650 7,700 9,350 9,400 13,565 13,600 14,925 14,940 15,675 15,775 19,500 19,575 26,400 26,500 31,900 32,000 32,600 32,700 38,300 38,315 47,575 47,615 143,900 144,000 according to the 1980 federal census or any subsequent federal census.
(1) Alternatively, the charter commission may be created by proclamation of the county mayor.
(2) Such proclamation shall be ratified by a two-thirds (2/3) vote of all members constituting the county legislative body, and not by merely a majority of the quorum at any regular meeting or at any meeting specially called to consider such proclamation.
(3) Such proclamation shall provide that a charter commission is established to propose to the people an alternative form of county government to perform all of the governmental and corporate functions of the county.
(4) Such proclamation shall also identify and appoint the individual members of the charter commission.
(5) Members of the charter commission shall be appointed from the same districts as members of the county legislative body are elected. No more than three (3) members of the charter commission shall be appointed from any one (1) district.
(6) This subsection (c) shall not apply in counties having a population of: not less than nor more than 4,300 4,400 4,500 4,600 6,125 6,225 7,650 7,700 9,350 9,400 13,565 13,600 14,925 14,940 15,675 15,775 19,500 19,575 26,400 26,500 31,900 32,000 32,600 32,700 38,300 38,315 47,575 47,615 143,900 144,000 according to the 1980 federal census or any subsequent federal census.
not less than nor more than 4,300 4,400 4,500 4,600 6,125 6,225 7,650 7,700 9,350 9,400 13,565 13,600 14,925 14,940 15,675 15,775 19,500 19,575 26,400 26,500 31,900 32,000 32,600 32,700 38,300 38,315 47,575 47,615 143,900 144,000
not less than
nor more than
4,300
4,400
4,500
4,600
6,125
6,225
7,650
7,700
9,350
9,400
13,565
13,600
14,925
14,940
15,675
15,775
19,500
19,575
26,400
26,500
31,900
32,000
32,600
32,700
38,300
38,315
47,575
47,615
143,900
144,000
according to the 1980 federal census or any subsequent federal census.
(d) (1) A charter resolution creating a charter commission may be initiated by petition of the voters in the following manner: (A) The petition shall be addressed to the county legislative body requesting that a charter commission be created, and it shall state the number of members to be elected as members of such commission; (B) The petition shall state the number of members to be elected from each of the same districts as members of the county legislative body. No more than three (3) members of the charter commission shall be elected from any one (1) district; (C) The petition shall be signed by at least a number of registered voters in the county equal to ten percent (10%) of the total number of votes cast in such county for governor at the last preceding gubernatorial election; (D) The petition requesting such resolution shall be filed with the county clerk and a photographic copy of the petition shall be filed at the same time with the county election commission, which shall be the judge of the sufficiency of the petition. (2) The county election commission shall hold an election on the charter resolution, as in subsection (b).
(1) A charter resolution creating a charter commission may be initiated by petition of the voters in the following manner: (A) The petition shall be addressed to the county legislative body requesting that a charter commission be created, and it shall state the number of members to be elected as members of such commission; (B) The petition shall state the number of members to be elected from each of the same districts as members of the county legislative body. No more than three (3) members of the charter commission shall be elected from any one (1) district; (C) The petition shall be signed by at least a number of registered voters in the county equal to ten percent (10%) of the total number of votes cast in such county for governor at the last preceding gubernatorial election; (D) The petition requesting such resolution shall be filed with the county clerk and a photographic copy of the petition shall be filed at the same time with the county election commission, which shall be the judge of the sufficiency of the petition.
(A) The petition shall be addressed to the county legislative body requesting that a charter commission be created, and it shall state the number of members to be elected as members of such commission;
(B) The petition shall state the number of members to be elected from each of the same districts as members of the county legislative body. No more than three (3) members of the charter commission shall be elected from any one (1) district;
(C) The petition shall be signed by at least a number of registered voters in the county equal to ten percent (10%) of the total number of votes cast in such county for governor at the last preceding gubernatorial election;
(D) The petition requesting such resolution shall be filed with the county clerk and a photographic copy of the petition shall be filed at the same time with the county election commission, which shall be the judge of the sufficiency of the petition.
(2) The county election commission shall hold an election on the charter resolution, as in subsection (b).
(e) A charter commission may be created in any county in the manner prescribed by private act of the general assembly.
(f) (1) Nothing contained within this section shall be construed to affect the judicial system in any county adopting a charter form of government except as its charter or ordinances may direct the imposing, levying or collection of fines, penalties, fees or court costs or the procedures for the filling of vacancies as required by law. (2) This subsection (f) shall not apply to counties with a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred ninety thousand (290,000), based upon the 1980 federal census.
(1) Nothing contained within this section shall be construed to affect the judicial system in any county adopting a charter form of government except as its charter or ordinances may direct the imposing, levying or collection of fines, penalties, fees or court costs or the procedures for the filling of vacancies as required by law.
(2) This subsection (f) shall not apply to counties with a population of not less than two hundred eighty-five thousand (285,000) nor more than two hundred ninety thousand (290,000), based upon the 1980 federal census.
Acts 1979, ch. 402, § 4; T.C.A., § 5-124; Acts 1983, ch. 422, §§ 1, 2; 1984, ch. 763, § 1; 1984, ch. 905, §§ 1, 2; 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-1-202 — TN Code / Title 5 / Chapter 1 / Section 5-1-202
Charter adoption - Effect on existing offices, etc. - Effect on constitutional officers
Status: in_force

(a) After adoption of a charter pursuant to this part, no right, power, duty, obligation or function of any officer, agency or office of such county shall be retained and continued unless this part or the charter of such county expressly so provides, or unless such retention and continuation be required by the Constitution of Tennessee. (b) The adoption of a charter shall not have the effect of removing the incumbent from any county office or abridging the term or altering the salary prior to the end of the term for which such public officer was elected. (c) No charter, whether existing or adopted after May 22, 2019, may be interpreted or amended to alter, amend, or reduce the duties, qualifications, or privileges of the constitutional county offices of sheriff, register, county clerk, assessor of property, or trustee in a manner inconsistent with the laws of this state; provided, that a charter may increase the duties of such offices in a manner consistent with the laws of this state. This subsection (c) must not be construed to affect the terms of the constitutional county offices of sheriff, register, county clerk, assessor of property, or trustee. Amended by 2019 Tenn. Acts, ch. 458,s 1, eff. 5/22/2019. Acts 1979, ch. 402, § 2; T.C.A., § 5-122.
(a) After adoption of a charter pursuant to this part, no right, power, duty, obligation or function of any officer, agency or office of such county shall be retained and continued unless this part or the charter of such county expressly so provides, or unless such retention and continuation be required by the Constitution of Tennessee.
(b) The adoption of a charter shall not have the effect of removing the incumbent from any county office or abridging the term or altering the salary prior to the end of the term for which such public officer was elected.
(c) No charter, whether existing or adopted after May 22, 2019, may be interpreted or amended to alter, amend, or reduce the duties, qualifications, or privileges of the constitutional county offices of sheriff, register, county clerk, assessor of property, or trustee in a manner inconsistent with the laws of this state; provided, that a charter may increase the duties of such offices in a manner consistent with the laws of this state. This subsection (c) must not be construed to affect the terms of the constitutional county offices of sheriff, register, county clerk, assessor of property, or trustee.
Amended by 2019 Tenn. Acts, ch. 458,s 1, eff. 5/22/2019.
Acts 1979, ch. 402, § 2; T.C.A., § 5-122.
Tenn. Code Ann. § 5-9-106 — TN Code / Title 5 / Chapter 9 / Section 5-9-106
Soil and water conservation
Status: in_force

(a) The county legislative bodies in all counties having soil and water conservation districts are hereby authorized and empowered to: (1) Appropriate county funds for the purchase of equipment that is not available locally on a fair rental basis as may be needed in conservation work; (2) Employ such secretarial help as may be needed; (3) Purchase such office equipment and supplies as may be needed; (4) Pay for the rental of office space; and (5) Promote projects that are considered beneficial to the soil and water conservation program. (b) After the funds are appropriated, they shall be paid out in accordance with the resolution of the county legislative body but under the supervision of the supervisors of the district for which the funds were appropriated, and county warrants shall be drawn and issued in the same way and manner as the law prescribes for warrants to be drawn and issued against the county's general fund. Amended by 2021 Tenn. Acts, ch. 203, s 5, eff. 4/22/2021. Acts 1957, ch. 370, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-923.
(a) The county legislative bodies in all counties having soil and water conservation districts are hereby authorized and empowered to: (1) Appropriate county funds for the purchase of equipment that is not available locally on a fair rental basis as may be needed in conservation work; (2) Employ such secretarial help as may be needed; (3) Purchase such office equipment and supplies as may be needed; (4) Pay for the rental of office space; and (5) Promote projects that are considered beneficial to the soil and water conservation program.
(1) Appropriate county funds for the purchase of equipment that is not available locally on a fair rental basis as may be needed in conservation work;
(2) Employ such secretarial help as may be needed;
(3) Purchase such office equipment and supplies as may be needed;
(4) Pay for the rental of office space; and
(5) Promote projects that are considered beneficial to the soil and water conservation program.
(b) After the funds are appropriated, they shall be paid out in accordance with the resolution of the county legislative body but under the supervision of the supervisors of the district for which the funds were appropriated, and county warrants shall be drawn and issued in the same way and manner as the law prescribes for warrants to be drawn and issued against the county's general fund.
Amended by 2021 Tenn. Acts, ch. 203, s 5, eff. 4/22/2021.
Acts 1957, ch. 370, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-923.
Tenn. Code Ann. § 5-14-111 — TN Code / Title 5 / Chapter 14 / Section 5-14-111
Written orders and contracts
Status: in_force

(a) Each purchase order or contract issued or executed pursuant to this chapter shall be evidenced by a written order signed by the county purchasing agent, which shall give all significant details respecting such order or contract. (b) A copy of such order shall be furnished the vendor, one (1) copy shall be furnished to the county accounting department, and at least two (2) copies shall be retained in the office of the county purchasing agent, one (1) of such copies to be filed in numerical order and the other alphabetically. Acts 1957, ch. 312, § 11; T.C.A., § 5-1411.
(a) Each purchase order or contract issued or executed pursuant to this chapter shall be evidenced by a written order signed by the county purchasing agent, which shall give all significant details respecting such order or contract.
(b) A copy of such order shall be furnished the vendor, one (1) copy shall be furnished to the county accounting department, and at least two (2) copies shall be retained in the office of the county purchasing agent, one (1) of such copies to be filed in numerical order and the other alphabetically.
Acts 1957, ch. 312, § 11; T.C.A., § 5-1411.
Tenn. Code Ann. § 5-1-122 — TN Code / Title 5 / Chapter 1 / Section 5-1-122
Exclusion of agricultural buildings
Status: in_force

The powers granted to counties by this part do not include the regulation of buildings used primarily for agricultural purposes; it being the intent of the general assembly that the powers granted to counties by this part should not be used to inhibit normal agricultural activities. Acts 1995, ch. 264, § 1.
The powers granted to counties by this part do not include the regulation of buildings used primarily for agricultural purposes; it being the intent of the general assembly that the powers granted to counties by this part should not be used to inhibit normal agricultural activities.
Acts 1995, ch. 264, § 1.
Tenn. Code Ann. § 5-23-104 — TN Code / Title 5 / Chapter 23 / Section 5-23-104
Required provisions
Status: in_force

The base personnel policies required under this chapter are: (1) Whether employees are entitled to paid vacation or annual leave, sick leave, or other leave, policies for accrual and use of such leave, policies for compliance with state and federal family and medical leave laws, and provisions for maintaining leave records; (2) The compensatory time policy in effect for the office or department or a statement that no compensatory time is allowed, a statement of whether the salary received by salaried employees is intended to cover all hours worked up to and including forty (40) hours in a work week in offices or departments where the regular work week is less than forty (40) hours, policies for maintaining compliance with the overtime provisions of the federal wage and hour laws, and provisions for recordkeeping; (3) Policies on non-discrimination and sexual harassment, including a complaint procedure as required under the federal Americans with Disabilities Act ( 42 U.S.C. §§ 12101 - 12213 ), and guidelines to enable compliance with the fair hiring requirements of the federal equal employment opportunity laws and regulations. For employees of county judges, procedures administered by the administrative office of the courts for complaints under the Americans with Disabilities Act; and (4) For any employees who are required by law to be tested, policies and procedures for drug testing or alcohol testing, or both. Acts 1997, ch. 361, § 4.
The base personnel policies required under this chapter are:
(1) Whether employees are entitled to paid vacation or annual leave, sick leave, or other leave, policies for accrual and use of such leave, policies for compliance with state and federal family and medical leave laws, and provisions for maintaining leave records;
(2) The compensatory time policy in effect for the office or department or a statement that no compensatory time is allowed, a statement of whether the salary received by salaried employees is intended to cover all hours worked up to and including forty (40) hours in a work week in offices or departments where the regular work week is less than forty (40) hours, policies for maintaining compliance with the overtime provisions of the federal wage and hour laws, and provisions for recordkeeping;
(3) Policies on non-discrimination and sexual harassment, including a complaint procedure as required under the federal Americans with Disabilities Act ( 42 U.S.C. §§ 12101 - 12213 ), and guidelines to enable compliance with the fair hiring requirements of the federal equal employment opportunity laws and regulations. For employees of county judges, procedures administered by the administrative office of the courts for complaints under the Americans with Disabilities Act; and
(4) For any employees who are required by law to be tested, policies and procedures for drug testing or alcohol testing, or both.
Acts 1997, ch. 361, § 4.
Tenn. Code Ann. § 5-1-208 — TN Code / Title 5 / Chapter 1 / Section 5-1-208
Charter commission - Duties
Status: in_force

(a) Each charter commission shall prepare and file the charter proposed by it not later than nine (9) months after the date of its initial meeting, or within such extended limit of time as may be authorized by resolution of the legislative body of the county. (b) The chair of the charter commission shall certify and file copies of such proposed charter with the county clerk and with the county election commission. Such copies shall be public records, available for inspection or examination by any interested person. Such charter commission shall also furnish or make available to every daily or weekly newspaper published in the county a complete copy of such charter. (c) Such charter commission shall take such other steps within the limitation of its available funds as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter, and the same may be published or summarized in pamphlets and booklets to be made available for general distribution. Acts 1979, ch. 402, § 8; T.C.A., § 5-128.
(a) Each charter commission shall prepare and file the charter proposed by it not later than nine (9) months after the date of its initial meeting, or within such extended limit of time as may be authorized by resolution of the legislative body of the county.
(b) The chair of the charter commission shall certify and file copies of such proposed charter with the county clerk and with the county election commission. Such copies shall be public records, available for inspection or examination by any interested person. Such charter commission shall also furnish or make available to every daily or weekly newspaper published in the county a complete copy of such charter.
(c) Such charter commission shall take such other steps within the limitation of its available funds as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter, and the same may be published or summarized in pamphlets and booklets to be made available for general distribution.
Acts 1979, ch. 402, § 8; T.C.A., § 5-128.
Tenn. Code Ann. § 5-7-104 — TN Code / Title 5 / Chapter 7 / Section 5-7-104
Required structures
Status: in_force

It is the duty of the county legislative body to erect a courthouse, jail, and other necessary county buildings. Code 1858, § 408; Shan., § 500; Code 1932, § 752; impl. am. Acts 1978, ch. 934, § 7, 36; T.C.A. (orig. ed.), § 5-704.
It is the duty of the county legislative body to erect a courthouse, jail, and other necessary county buildings.
Code 1858, § 408; Shan., § 500; Code 1932, § 752; impl. am. Acts 1978, ch. 934, § 7, 36; T.C.A. (orig. ed.), § 5-704.
Tenn. Code Ann. § 5-3-121 — TN Code / Title 5 / Chapter 3 / Section 5-3-121
Debt reorganization - Payment of unfunded debt
Status: in_force

(a) Any floating indebtedness or bonded indebtedness of an absorbed county, not funded or refunded under §§ 5-3-113 - 5-3-121, shall be paid out of a tax levied against the property of the absorbed county. (b) This tax levy shall be such proportion of the tax levy, levied by the absorbed county for bonds and interest during the past fiscal year, as the outstanding bonds of the absorbed county bears to the outstanding bonds of the absorbed county prior to consolidation. Acts 1939, ch. 225, § 8; C. Supp. 1950, § 136.17 (Williams, §136.19); T.C.A. (orig. ed.), § 5-321.
(a) Any floating indebtedness or bonded indebtedness of an absorbed county, not funded or refunded under §§ 5-3-113 - 5-3-121, shall be paid out of a tax levied against the property of the absorbed county.
(b) This tax levy shall be such proportion of the tax levy, levied by the absorbed county for bonds and interest during the past fiscal year, as the outstanding bonds of the absorbed county bears to the outstanding bonds of the absorbed county prior to consolidation.
Acts 1939, ch. 225, § 8; C. Supp. 1950, § 136.17 (Williams, §136.19); T.C.A. (orig. ed.), § 5-321.
Tenn. Code Ann. § 5-5-103 — TN Code / Title 5 / Chapter 5 / Section 5-5-103
Officers
Status: in_force

(a) In counties electing a county mayor as provided in § 5-6-102(1) and (2) , there shall be a chair and chair pro tempore. (b) (1) The legislative body, at its first session on or after September 1 of each year, shall elect from its membership a chair and a chair pro tempore; provided, that the county legislative body may elect the county mayor to be its chair; provided further, that such election shall confer no additional powers or authority to the chair so elected other than as presiding officer that are not otherwise provided by law. (2) If any county commission elects as its chair the county mayor, and such county mayor accepts the position of chair of the county commission, then the county mayor shall relinquish the county mayor's veto power, as provided in § 5-6-107 , for so long as the county mayor remains chair of the county commission. (3) In counties having a population of not less than eight thousand four hundred (8,400) nor more than eight thousand five hundred (8,500), according to the 1970 or any subsequent federal census, having a county administrator who was empowered by private act prior to September 1, 1978, to preside over the county legislative body, such county administrator shall continue to preside as chair, notwithstanding this chapter and chapter 6 of this title, nor shall the county administrator have the power of veto over legislation passed by the county legislative body, this chapter and chapters 1 and 6 of this title notwithstanding. (4) This subsection (b) does not apply to: (A) Counties with a population between two hundred fifty thousand (250,000) and three hundred thousand (300,000); (B) Any county having a population of not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census; or (C) Counties with a population in excess of six hundred thousand (600,000) by the 1970 federal census. (c) The chair of the legislative body shall preside over the sessions of the legislative body. (d) When the regular chair is unable or fails to attend the meetings of the legislative body, the regular chair shall notify the chair pro tempore, and the chair pro tempore shall attend, discharge the duties of the office, and be vested with all the powers of the regular chair while engaged therein. (e) The compensation of the chair and chair pro tempore shall be fixed by the legislative body, but such compensation, if fixed on a per diem basis, shall not be less than the amount fixed for the members of the legislative body; provided further, that the compensation of the chair pro tempore shall not exceed the compensation allowed the chair for like services. (f) In the absence of the chair and the regular chair pro tempore, the county legislative body may appoint, temporarily, a chair pro tempore to preside over the meeting who is vested with all the powers, for this purpose and for the time being, of the regular chair, or regular chair pro tempore. (g) In the event the county mayor is absent or intends to be absent for more than twenty-one (21) days, or is incapacitated or otherwise unable to perform the duties of the county mayor's office, the county legislative body shall appoint the chair to serve until the absence or disability is removed. Any contest of disability or its removal shall be adjudicated in the chancery court of such county. While the chair is serving as county mayor, the chair pro tempore shall preside over sessions of the legislative body. (h) The chair of the county legislative body may designate, from time to time, another member of the county legislative body to sit in the chair's place on any board, authority or commission that the chair serves upon by virtue of holding the office of chair of the county legislative body. Any such designee shall have such powers, including the power to vote, as are otherwise conferred upon the chair of the county legislative body when serving upon such board, authority or commission. At any such meeting attended by the chair of the county legislative body, only the chair of the county legislative body shall exercise voting power. (i) (1) If the office of the county mayor should become vacant pursuant to § 8-48-101 , the chair, or if the county mayor served as the chair, the chair pro tempore shall serve as interim county mayor until the vacancy is filled pursuant to § 5-1-104 . The interim county mayor shall have the same powers, duties and bond as provided by chapter 6 of this title. (2) This subsection (i) shall not apply if the method of filling the vacancy in the office of the county mayor is established by a metropolitan charter or a private act. Acts 1978, ch. 934, § 11; 1979, ch. 54, § 1; T.C.A., § 5-503; Acts 1981, ch. 384, §§ 1-3; 1985, ch. 163, § 1; 1996, ch. 831, § 1; 2003, ch. 90, § 2.
(a) In counties electing a county mayor as provided in § 5-6-102(1) and (2) , there shall be a chair and chair pro tempore.
(b) (1) The legislative body, at its first session on or after September 1 of each year, shall elect from its membership a chair and a chair pro tempore; provided, that the county legislative body may elect the county mayor to be its chair; provided further, that such election shall confer no additional powers or authority to the chair so elected other than as presiding officer that are not otherwise provided by law. (2) If any county commission elects as its chair the county mayor, and such county mayor accepts the position of chair of the county commission, then the county mayor shall relinquish the county mayor's veto power, as provided in § 5-6-107 , for so long as the county mayor remains chair of the county commission. (3) In counties having a population of not less than eight thousand four hundred (8,400) nor more than eight thousand five hundred (8,500), according to the 1970 or any subsequent federal census, having a county administrator who was empowered by private act prior to September 1, 1978, to preside over the county legislative body, such county administrator shall continue to preside as chair, notwithstanding this chapter and chapter 6 of this title, nor shall the county administrator have the power of veto over legislation passed by the county legislative body, this chapter and chapters 1 and 6 of this title notwithstanding. (4) This subsection (b) does not apply to: (A) Counties with a population between two hundred fifty thousand (250,000) and three hundred thousand (300,000); (B) Any county having a population of not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census; or (C) Counties with a population in excess of six hundred thousand (600,000) by the 1970 federal census.
(1) The legislative body, at its first session on or after September 1 of each year, shall elect from its membership a chair and a chair pro tempore; provided, that the county legislative body may elect the county mayor to be its chair; provided further, that such election shall confer no additional powers or authority to the chair so elected other than as presiding officer that are not otherwise provided by law.
(2) If any county commission elects as its chair the county mayor, and such county mayor accepts the position of chair of the county commission, then the county mayor shall relinquish the county mayor's veto power, as provided in § 5-6-107 , for so long as the county mayor remains chair of the county commission.
(3) In counties having a population of not less than eight thousand four hundred (8,400) nor more than eight thousand five hundred (8,500), according to the 1970 or any subsequent federal census, having a county administrator who was empowered by private act prior to September 1, 1978, to preside over the county legislative body, such county administrator shall continue to preside as chair, notwithstanding this chapter and chapter 6 of this title, nor shall the county administrator have the power of veto over legislation passed by the county legislative body, this chapter and chapters 1 and 6 of this title notwithstanding.
(4) This subsection (b) does not apply to: (A) Counties with a population between two hundred fifty thousand (250,000) and three hundred thousand (300,000); (B) Any county having a population of not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census; or (C) Counties with a population in excess of six hundred thousand (600,000) by the 1970 federal census.
(A) Counties with a population between two hundred fifty thousand (250,000) and three hundred thousand (300,000);
(B) Any county having a population of not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census; or
(C) Counties with a population in excess of six hundred thousand (600,000) by the 1970 federal census.
(c) The chair of the legislative body shall preside over the sessions of the legislative body.
(d) When the regular chair is unable or fails to attend the meetings of the legislative body, the regular chair shall notify the chair pro tempore, and the chair pro tempore shall attend, discharge the duties of the office, and be vested with all the powers of the regular chair while engaged therein.
(e) The compensation of the chair and chair pro tempore shall be fixed by the legislative body, but such compensation, if fixed on a per diem basis, shall not be less than the amount fixed for the members of the legislative body; provided further, that the compensation of the chair pro tempore shall not exceed the compensation allowed the chair for like services.
(f) In the absence of the chair and the regular chair pro tempore, the county legislative body may appoint, temporarily, a chair pro tempore to preside over the meeting who is vested with all the powers, for this purpose and for the time being, of the regular chair, or regular chair pro tempore.
(g) In the event the county mayor is absent or intends to be absent for more than twenty-one (21) days, or is incapacitated or otherwise unable to perform the duties of the county mayor's office, the county legislative body shall appoint the chair to serve until the absence or disability is removed. Any contest of disability or its removal shall be adjudicated in the chancery court of such county. While the chair is serving as county mayor, the chair pro tempore shall preside over sessions of the legislative body.
(h) The chair of the county legislative body may designate, from time to time, another member of the county legislative body to sit in the chair's place on any board, authority or commission that the chair serves upon by virtue of holding the office of chair of the county legislative body. Any such designee shall have such powers, including the power to vote, as are otherwise conferred upon the chair of the county legislative body when serving upon such board, authority or commission. At any such meeting attended by the chair of the county legislative body, only the chair of the county legislative body shall exercise voting power.
(i) (1) If the office of the county mayor should become vacant pursuant to § 8-48-101 , the chair, or if the county mayor served as the chair, the chair pro tempore shall serve as interim county mayor until the vacancy is filled pursuant to § 5-1-104 . The interim county mayor shall have the same powers, duties and bond as provided by chapter 6 of this title. (2) This subsection (i) shall not apply if the method of filling the vacancy in the office of the county mayor is established by a metropolitan charter or a private act.
(1) If the office of the county mayor should become vacant pursuant to § 8-48-101 , the chair, or if the county mayor served as the chair, the chair pro tempore shall serve as interim county mayor until the vacancy is filled pursuant to § 5-1-104 . The interim county mayor shall have the same powers, duties and bond as provided by chapter 6 of this title.
(2) This subsection (i) shall not apply if the method of filling the vacancy in the office of the county mayor is established by a metropolitan charter or a private act.
Acts 1978, ch. 934, § 11; 1979, ch. 54, § 1; T.C.A., § 5-503; Acts 1981, ch. 384, §§ 1-3; 1985, ch. 163, § 1; 1996, ch. 831, § 1; 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-6-120 — TN Code / Title 5 / Chapter 6 / Section 5-6-120
Transfer of duties to water and wastewater treatment authorities
Status: in_force

(a) (1) The duties of the county mayor in regard to any petition filed pursuant to title 7, chapter 82, are transferred to the water and wastewater treatment authority board under title 68, chapter 221, part 6 in any county that has created such authority. The preceding sentence does not apply to any petition by any governmental entity or state instrumentality that does not purport to adjust or otherwise modify any territory included in the service area of a water and wastewater treatment authority. Such petitions may be granted if the board determines in its sole discretion that the public convenience and necessity require the same. The general assembly enacts this section as a statement of its intent that this section is a clarification of title 68, chapter 221, part 6. From and after the creation of a water and wastewater treatment authority and the establishment of its service area, the authority shall be the sole and exclusive provider of its authorized services in its service area. The designated service area for any particular function or service shall not include any area located within the boundaries of another governmental entity providing the same function or service on the date the service area is established. Different service areas may be established for different functions or services. The authority may cede all or any portion of its functions or service area to another governmental entity upon the board determining in its sole discretion that the public convenience and necessity require the same. (2) Notwithstanding any law to the contrary, the transfer of duties as provided in subdivision (a)(1) do not apply to a county which: (A) Is served by a water and wastewater treatment authority that does not provide water service; (B) Has its water provided by more than five (5) utility districts; and (C) Has, under state law, had its county mayor hear petitions of utility districts. (b) The authority granted in this section shall prevail over any other law to the contrary for all water and wastewater service providers proposing to provide such services in the service area of the authority. Any city proposing to provide such services in the service area of the authority shall have authorization to do so only by filing a petition in the manner established by this section and receiving a cession by the authority. (c) Notwithstanding a county water and wastewater system treatment authority's exclusive right to furnish services in the service area that it so designates as described in subsection (a), a county water and wastewater system treatment authority may enter into an agreement with a municipal water system, a water utility district, an investor-owned water utility, a county water system, or a county water authority to permit that other entity to operate within its service area. A county water and wastewater system treatment authority shall establish a method by which the authority's ratepayers may petition the authority to consider entering into an agreement pursuant to this subsection (c). Amended by 2022 Tenn. Acts, ch. 889, s 5, eff. 4/14/2022. Amended by 2018 Tenn. Acts, ch. 811, s 1, eff. 4/24/2018. Acts 1988, ch. 981, § 2; 1989, ch. 580, § 1; 1995, ch. 77, § 1; 2003 , ch. 90, § 2.
(a) (1) The duties of the county mayor in regard to any petition filed pursuant to title 7, chapter 82, are transferred to the water and wastewater treatment authority board under title 68, chapter 221, part 6 in any county that has created such authority. The preceding sentence does not apply to any petition by any governmental entity or state instrumentality that does not purport to adjust or otherwise modify any territory included in the service area of a water and wastewater treatment authority. Such petitions may be granted if the board determines in its sole discretion that the public convenience and necessity require the same. The general assembly enacts this section as a statement of its intent that this section is a clarification of title 68, chapter 221, part 6. From and after the creation of a water and wastewater treatment authority and the establishment of its service area, the authority shall be the sole and exclusive provider of its authorized services in its service area. The designated service area for any particular function or service shall not include any area located within the boundaries of another governmental entity providing the same function or service on the date the service area is established. Different service areas may be established for different functions or services. The authority may cede all or any portion of its functions or service area to another governmental entity upon the board determining in its sole discretion that the public convenience and necessity require the same. (2) Notwithstanding any law to the contrary, the transfer of duties as provided in subdivision (a)(1) do not apply to a county which: (A) Is served by a water and wastewater treatment authority that does not provide water service; (B) Has its water provided by more than five (5) utility districts; and (C) Has, under state law, had its county mayor hear petitions of utility districts.
(1) The duties of the county mayor in regard to any petition filed pursuant to title 7, chapter 82, are transferred to the water and wastewater treatment authority board under title 68, chapter 221, part 6 in any county that has created such authority. The preceding sentence does not apply to any petition by any governmental entity or state instrumentality that does not purport to adjust or otherwise modify any territory included in the service area of a water and wastewater treatment authority. Such petitions may be granted if the board determines in its sole discretion that the public convenience and necessity require the same. The general assembly enacts this section as a statement of its intent that this section is a clarification of title 68, chapter 221, part 6. From and after the creation of a water and wastewater treatment authority and the establishment of its service area, the authority shall be the sole and exclusive provider of its authorized services in its service area. The designated service area for any particular function or service shall not include any area located within the boundaries of another governmental entity providing the same function or service on the date the service area is established. Different service areas may be established for different functions or services. The authority may cede all or any portion of its functions or service area to another governmental entity upon the board determining in its sole discretion that the public convenience and necessity require the same.
(2) Notwithstanding any law to the contrary, the transfer of duties as provided in subdivision (a)(1) do not apply to a county which: (A) Is served by a water and wastewater treatment authority that does not provide water service; (B) Has its water provided by more than five (5) utility districts; and (C) Has, under state law, had its county mayor hear petitions of utility districts.
(A) Is served by a water and wastewater treatment authority that does not provide water service;
(B) Has its water provided by more than five (5) utility districts; and
(C) Has, under state law, had its county mayor hear petitions of utility districts.
(b) The authority granted in this section shall prevail over any other law to the contrary for all water and wastewater service providers proposing to provide such services in the service area of the authority. Any city proposing to provide such services in the service area of the authority shall have authorization to do so only by filing a petition in the manner established by this section and receiving a cession by the authority.
(c) Notwithstanding a county water and wastewater system treatment authority's exclusive right to furnish services in the service area that it so designates as described in subsection (a), a county water and wastewater system treatment authority may enter into an agreement with a municipal water system, a water utility district, an investor-owned water utility, a county water system, or a county water authority to permit that other entity to operate within its service area. A county water and wastewater system treatment authority shall establish a method by which the authority's ratepayers may petition the authority to consider entering into an agreement pursuant to this subsection (c).
Amended by 2022 Tenn. Acts, ch. 889, s 5, eff. 4/14/2022.
Amended by 2018 Tenn. Acts, ch. 811, s 1, eff. 4/24/2018.
Acts 1988, ch. 981, § 2; 1989, ch. 580, § 1; 1995, ch. 77, § 1; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-21-129 — TN Code / Title 5 / Chapter 21 / Section 5-21-129
Revocation of adoption
Status: in_force

(a) This chapter once adopted may be revoked by the same method used to adopt the chapter. (b) Such revocation shall be effective with the fiscal year beginning at least sixty (60) days after passage of the resolution or referendum. Acts 1981, ch. 325, § 28; 1986, ch. 732, § 2.
(a) This chapter once adopted may be revoked by the same method used to adopt the chapter.
(b) Such revocation shall be effective with the fiscal year beginning at least sixty (60) days after passage of the resolution or referendum.
Acts 1981, ch. 325, § 28; 1986, ch. 732, § 2.
Tenn. Code Ann. § 5-21-121 — TN Code / Title 5 / Chapter 21 / Section 5-21-121
Conflicts of interest
Status: in_force

(a) (1) The director, purchasing agent, members of the committee, members of the county legislative body, other officials of the county, members of the board of education, members of the highway commission, and employees of the finance department and purchasing department shall not have a direct interest in the purchase of supplies, materials, equipment, or contractual services for the county. As used in this subdivision (a)(1): (A) "Controlling interest" means sufficient ownership in a business or company to control policy and management, including the ownership or control of the largest number of outstanding shares owned by any single individual in a business or company; and (B) "Direct interest" means a contract with a person personally or with a business in which the person is the proprietor, a partner, or the person having the controlling interest in the business. (2) Such persons shall not have an indirect interest in the purchase of supplies, materials, equipment, or contractual services for the county unless the person publicly acknowledges the interest. A person who is not a member of a governing body and who is required to publicly acknowledge an indirect interest must do so by reporting the interest to the office of the county mayor to be compiled into a list that must be maintained as a public record. As used in this subdivision (a)(2), "indirect interest" means a contract in which a person is interested, but not directly so, and includes contracts where the person is directly interested and is the sole supplier of goods or services in the county. (b) No firm, corporation, partnership, association or individual furnishing any such supplies, materials, equipment or contractual services, shall give or offer nor shall the director or purchasing agent or any assistant or employee accept or receive directly or indirectly from any person, firm, corporation, partnership or association to whom any contract may be awarded, by rebate, gift or otherwise, any money or other things of value whatsoever, or any promise, obligation or contract for future reward or compensation. Amended by 2021 Tenn. Acts, ch. 472, s 1, eff. 5/18/2021. Acts 1981, ch. 325, §21; 2012 , ch. 640, §§ 1, 2.
(a) (1) The director, purchasing agent, members of the committee, members of the county legislative body, other officials of the county, members of the board of education, members of the highway commission, and employees of the finance department and purchasing department shall not have a direct interest in the purchase of supplies, materials, equipment, or contractual services for the county. As used in this subdivision (a)(1): (A) "Controlling interest" means sufficient ownership in a business or company to control policy and management, including the ownership or control of the largest number of outstanding shares owned by any single individual in a business or company; and (B) "Direct interest" means a contract with a person personally or with a business in which the person is the proprietor, a partner, or the person having the controlling interest in the business. (2) Such persons shall not have an indirect interest in the purchase of supplies, materials, equipment, or contractual services for the county unless the person publicly acknowledges the interest. A person who is not a member of a governing body and who is required to publicly acknowledge an indirect interest must do so by reporting the interest to the office of the county mayor to be compiled into a list that must be maintained as a public record. As used in this subdivision (a)(2), "indirect interest" means a contract in which a person is interested, but not directly so, and includes contracts where the person is directly interested and is the sole supplier of goods or services in the county.
(1) The director, purchasing agent, members of the committee, members of the county legislative body, other officials of the county, members of the board of education, members of the highway commission, and employees of the finance department and purchasing department shall not have a direct interest in the purchase of supplies, materials, equipment, or contractual services for the county. As used in this subdivision (a)(1): (A) "Controlling interest" means sufficient ownership in a business or company to control policy and management, including the ownership or control of the largest number of outstanding shares owned by any single individual in a business or company; and (B) "Direct interest" means a contract with a person personally or with a business in which the person is the proprietor, a partner, or the person having the controlling interest in the business.
(A) "Controlling interest" means sufficient ownership in a business or company to control policy and management, including the ownership or control of the largest number of outstanding shares owned by any single individual in a business or company; and
(B) "Direct interest" means a contract with a person personally or with a business in which the person is the proprietor, a partner, or the person having the controlling interest in the business.
(2) Such persons shall not have an indirect interest in the purchase of supplies, materials, equipment, or contractual services for the county unless the person publicly acknowledges the interest. A person who is not a member of a governing body and who is required to publicly acknowledge an indirect interest must do so by reporting the interest to the office of the county mayor to be compiled into a list that must be maintained as a public record. As used in this subdivision (a)(2), "indirect interest" means a contract in which a person is interested, but not directly so, and includes contracts where the person is directly interested and is the sole supplier of goods or services in the county.
(b) No firm, corporation, partnership, association or individual furnishing any such supplies, materials, equipment or contractual services, shall give or offer nor shall the director or purchasing agent or any assistant or employee accept or receive directly or indirectly from any person, firm, corporation, partnership or association to whom any contract may be awarded, by rebate, gift or otherwise, any money or other things of value whatsoever, or any promise, obligation or contract for future reward or compensation.
Amended by 2021 Tenn. Acts, ch. 472, s 1, eff. 5/18/2021.
Acts 1981, ch. 325, §21; 2012 , ch. 640, §§ 1, 2.
Tenn. Code Ann. § 5-1-119 — TN Code / Title 5 / Chapter 1 / Section 5-1-119
Power to condemn property
Status: in_force

Counties, by resolution of their respective legislative bodies, may condemn property, real or personal, or any easement, interest, or estate or use therein, for present or future public use, either within or without the county, in accordance with the terms and provisions of title 29, chapter 16, or in any other manner provided by law, except that a county may not condemn property located outside of the county without receiving the approval of the county legislative body of the county wherein the land proposed to be taken for public use is located. Acts 1995, ch. 264, § 1.
Counties, by resolution of their respective legislative bodies, may condemn property, real or personal, or any easement, interest, or estate or use therein, for present or future public use, either within or without the county, in accordance with the terms and provisions of title 29, chapter 16, or in any other manner provided by law, except that a county may not condemn property located outside of the county without receiving the approval of the county legislative body of the county wherein the land proposed to be taken for public use is located.
Acts 1995, ch. 264, § 1.
Tenn. Code Ann. § 5-6-105 — TN Code / Title 5 / Chapter 6 / Section 5-6-105
Compensation
Status: in_force

(a) The county mayor shall devote full time to the duties and demands of the office unless the voters of the county, by means of a referendum authorized by Acts 1979, chapter 145, § 2, determine that such duties and demands are insufficient to require full-time action. (b) (1) The county mayor shall receive for the county mayor's services such compensation as established in § 8-24-102 . (2) Such minimum salary shall apply to a county mayor who devotes full time to such office. (3) The salary of a county mayor who devotes less than full time to such office shall be determined by resolution of the county legislative body. Acts 1978, ch. 934, § 17; 1979, ch. 145, § 1; T.C.A., § 5-605; Acts 1982, ch. 890, § 1; 1996, ch. 936, § 2; 1998, ch. 590, § 1; 2003, ch. 90, § 2.
(a) The county mayor shall devote full time to the duties and demands of the office unless the voters of the county, by means of a referendum authorized by Acts 1979, chapter 145, § 2, determine that such duties and demands are insufficient to require full-time action.
(b) (1) The county mayor shall receive for the county mayor's services such compensation as established in § 8-24-102 . (2) Such minimum salary shall apply to a county mayor who devotes full time to such office. (3) The salary of a county mayor who devotes less than full time to such office shall be determined by resolution of the county legislative body.
(1) The county mayor shall receive for the county mayor's services such compensation as established in § 8-24-102 .
(2) Such minimum salary shall apply to a county mayor who devotes full time to such office.
(3) The salary of a county mayor who devotes less than full time to such office shall be determined by resolution of the county legislative body.
Acts 1978, ch. 934, § 17; 1979, ch. 145, § 1; T.C.A., § 5-605; Acts 1982, ch. 890, § 1; 1996, ch. 936, § 2; 1998, ch. 590, § 1; 2003, ch. 90, § 2.
Tenn. Code Ann. § 5-1-118 — TN Code / Title 5 / Chapter 1 / Section 5-1-118
County powers shared with municipalities
Status: in_force

(a) Counties, by resolution of their respective legislative bodies, in addition to other powers authorized by general law or private act, may exercise the following powers granted to all or certain municipalities by the following code sections: (1) Section 6-2-201(3)-(8), (10) -(13), (18), (19), (26) and (28); (2) Section 6-54-103 ; (3) Section 6-54-110 ; (4) Section 6-54-307 ; and (5) Sections 6-54-601 - 6-54-603. (b) Nothing in this part shall be construed as granting counties the power to prohibit or regulate normal agricultural activities. (c) (1) In addition to those powers granted to counties pursuant to subsection (a), any county may, by adoption of a resolution by a two-thirds (2/3) vote of their respective legislative bodies, exercise those powers granted to all or certain municipalities by § 6-2-201(22) and (23) , except as provided in subsection (b) and subdivisions (c)(2) and (3). Any such regulations shall be enacted by a resolution passed by a two-thirds (2/3) vote of the county legislative body. The powers granted to counties in this subdivision (c)(1) apply only within the unincorporated areas. Nothing in this subdivision (c)(1) may be construed to allow any county to prohibit or in any way impede any municipality in exercising any power or authority the municipality may lawfully exercise. If, prior to April 17, 2002, a county has adopted a resolution by a two-thirds (2/3) vote, pursuant to previous acts enacted by the general assembly, to exercise the powers granted in accordance with this subdivision (c)(1), no further action by the legislative body of such county is necessary to continue exercising such powers. (2) The powers granted by § 6-2-201(22) and (23) shall not apply to those activities, businesses, or uses of property and business occupations and practices that are subject to regulation pursuant to title 57, chapters 5 and 6; title 59, chapter 8; title 60, chapter 1; title 68, chapters 201-221; or title 69, chapters 3, 7, 10 and 11. (3) All court decisions and statutory laws relating to variances and nonconforming uses applicable to zoning ordinances and land use controls shall apply to the enforcement and exercise of those powers granted pursuant to subdivision (c)(1). Acts 1995, ch. 264, § 1; 2000, ch. 969, § 1; 2001, ch. 7, § 1; 2002, ch. 627, § 1; 2003, ch. 57, § 1.
(a) Counties, by resolution of their respective legislative bodies, in addition to other powers authorized by general law or private act, may exercise the following powers granted to all or certain municipalities by the following code sections: (1) Section 6-2-201(3)-(8), (10) -(13), (18), (19), (26) and (28); (2) Section 6-54-103 ; (3) Section 6-54-110 ; (4) Section 6-54-307 ; and (5) Sections 6-54-601 - 6-54-603.
(1) Section 6-2-201(3)-(8), (10) -(13), (18), (19), (26) and (28);
(2) Section 6-54-103 ;
(3) Section 6-54-110 ;
(4) Section 6-54-307 ; and
(5) Sections 6-54-601 - 6-54-603.
(b) Nothing in this part shall be construed as granting counties the power to prohibit or regulate normal agricultural activities.
(c) (1) In addition to those powers granted to counties pursuant to subsection (a), any county may, by adoption of a resolution by a two-thirds (2/3) vote of their respective legislative bodies, exercise those powers granted to all or certain municipalities by § 6-2-201(22) and (23) , except as provided in subsection (b) and subdivisions (c)(2) and (3). Any such regulations shall be enacted by a resolution passed by a two-thirds (2/3) vote of the county legislative body. The powers granted to counties in this subdivision (c)(1) apply only within the unincorporated areas. Nothing in this subdivision (c)(1) may be construed to allow any county to prohibit or in any way impede any municipality in exercising any power or authority the municipality may lawfully exercise. If, prior to April 17, 2002, a county has adopted a resolution by a two-thirds (2/3) vote, pursuant to previous acts enacted by the general assembly, to exercise the powers granted in accordance with this subdivision (c)(1), no further action by the legislative body of such county is necessary to continue exercising such powers. (2) The powers granted by § 6-2-201(22) and (23) shall not apply to those activities, businesses, or uses of property and business occupations and practices that are subject to regulation pursuant to title 57, chapters 5 and 6; title 59, chapter 8; title 60, chapter 1; title 68, chapters 201-221; or title 69, chapters 3, 7, 10 and 11. (3) All court decisions and statutory laws relating to variances and nonconforming uses applicable to zoning ordinances and land use controls shall apply to the enforcement and exercise of those powers granted pursuant to subdivision (c)(1).
(1) In addition to those powers granted to counties pursuant to subsection (a), any county may, by adoption of a resolution by a two-thirds (2/3) vote of their respective legislative bodies, exercise those powers granted to all or certain municipalities by § 6-2-201(22) and (23) , except as provided in subsection (b) and subdivisions (c)(2) and (3). Any such regulations shall be enacted by a resolution passed by a two-thirds (2/3) vote of the county legislative body. The powers granted to counties in this subdivision (c)(1) apply only within the unincorporated areas. Nothing in this subdivision (c)(1) may be construed to allow any county to prohibit or in any way impede any municipality in exercising any power or authority the municipality may lawfully exercise. If, prior to April 17, 2002, a county has adopted a resolution by a two-thirds (2/3) vote, pursuant to previous acts enacted by the general assembly, to exercise the powers granted in accordance with this subdivision (c)(1), no further action by the legislative body of such county is necessary to continue exercising such powers.
(2) The powers granted by § 6-2-201(22) and (23) shall not apply to those activities, businesses, or uses of property and business occupations and practices that are subject to regulation pursuant to title 57, chapters 5 and 6; title 59, chapter 8; title 60, chapter 1; title 68, chapters 201-221; or title 69, chapters 3, 7, 10 and 11.
(3) All court decisions and statutory laws relating to variances and nonconforming uses applicable to zoning ordinances and land use controls shall apply to the enforcement and exercise of those powers granted pursuant to subdivision (c)(1).
Acts 1995, ch. 264, § 1; 2000, ch. 969, § 1; 2001, ch. 7, § 1; 2002, ch. 627, § 1; 2003, ch. 57, § 1.
Tenn. Code Ann. § 5-12-109 — TN Code / Title 5 / Chapter 12 / Section 5-12-109
County governing body action on budget
Status: in_force

(a) (1) The budget committee shall present the budget to the county governing body in accordance with a timeline provided for in § 5-12-105 . (2) The proposed budget shall be accompanied by a budget message explaining the financial program and outlining the services, work and activities to be financed by the proposed budget and a brief discussion of the means proposed for financing the expenditure program set forth in the budget. (3) With the proposed budget, the budget committee shall deliver to the county governing body a budget appropriation resolution and a tax levy resolution. (b) (1) The county legislative body may alter or revise the proposed budget except as to provision for debt service requirements and for other expenditures required by law. (2) In the event that the local fiscal body has not adopted a budget by July 1 of any year, and until a final operating budget is adopted, the operating budget for the year just ended and the appropriation resolution for the year shall continue in effect by operation of law without further action of the county legislative body; provided, however, all agencies of the county and other entities receiving appropriated county funds shall not during any month encumber funds in excess of the allotment for a comparable month of the preceding fiscal year, unless specifically authorized to do so by resolution of the county legislative body. The authorizing resolution must identify a corresponding funding source equal to the amount of excess allotment authorized. The excess allotments so authorized shall become a part of the final operating budget. During the time that the continuation operating budget is in effect, the budget may be amended according to the procedures for amending a final operating budget, and amendments shall be made as necessary to provide for debt obligations and court-ordered expenditures. (3) The continuing budget authorized by this subsection (b) may continue in effect for the months of July and August and, upon approval from the comptroller of the treasury or the comptroller's designee after a showing of extraordinary circumstances, may continue for the month of September; provided, however, no such continuation budget may extend beyond September 30 of any fiscal year. The county shall submit justification for extending the continuing budget through the month of September to the comptroller of the treasury or the comptroller's designee for approval by August 15. The comptroller of the treasury or the comptroller's designee may request any additional information as may be required to properly review the continuing budget extension request. The comptroller of the treasury or the comptroller's designee shall report the comptroller's approval or disapproval to the county legislative body within seven (7) business days, after receipt of the request and any requested supplemental documentation, upon which the county legislative body may take action to extend the continuing budget for the month of September. The fact that the county is operating under a continuation budget shall not, by itself, be grounds for disapproval of a tax and revenue anticipation note or other comparable financing. (c) If the county legislative body and the county school board fail to agree upon a budget for the county department of education by August 31 of any year, then, by operation of law, the budget for the county department of education shall be equal to the minimum budget required to comply with the local match and maintenance of effort provisions of the TISA. However, if for three (3) consecutive years, the county legislative body and school board fail to agree upon a budget and the department of education receives the minimum required funding for that fiscal year by operation of law, then, the budget in the third year shall include a mandatory increase that is equivalent to three percent (3%) of the required funding from local sources for schools; provided, however, this increase shall not be required if during any of those three (3) years the school board failed to submit its budget proposals in accordance with a timeline provided for in § 5-12-105 . (d) The budget, the appropriation resolution, and the tax levy resolution, as adopted, shall be spread upon the minutes of the county governing body. Amended by 2022 Tenn. Acts, ch. 966, s 88, eff. 7/1/2023. Amended by 2016 Tenn. Acts, ch. 1080, s 8, eff. 1/1/2017. Amended by 2016 Tenn. Acts, ch. 1080, s 9, eff. 5/20/2016. Amended by 2015 Tenn. Acts, ch. 170, s 2, eff. 4/16/2015. Acts 1957, ch. 291, § 9; T.C.A., § 5-1209.
(a) (1) The budget committee shall present the budget to the county governing body in accordance with a timeline provided for in § 5-12-105 . (2) The proposed budget shall be accompanied by a budget message explaining the financial program and outlining the services, work and activities to be financed by the proposed budget and a brief discussion of the means proposed for financing the expenditure program set forth in the budget. (3) With the proposed budget, the budget committee shall deliver to the county governing body a budget appropriation resolution and a tax levy resolution.
(1) The budget committee shall present the budget to the county governing body in accordance with a timeline provided for in § 5-12-105 .
(2) The proposed budget shall be accompanied by a budget message explaining the financial program and outlining the services, work and activities to be financed by the proposed budget and a brief discussion of the means proposed for financing the expenditure program set forth in the budget.
(3) With the proposed budget, the budget committee shall deliver to the county governing body a budget appropriation resolution and a tax levy resolution.
(b) (1) The county legislative body may alter or revise the proposed budget except as to provision for debt service requirements and for other expenditures required by law. (2) In the event that the local fiscal body has not adopted a budget by July 1 of any year, and until a final operating budget is adopted, the operating budget for the year just ended and the appropriation resolution for the year shall continue in effect by operation of law without further action of the county legislative body; provided, however, all agencies of the county and other entities receiving appropriated county funds shall not during any month encumber funds in excess of the allotment for a comparable month of the preceding fiscal year, unless specifically authorized to do so by resolution of the county legislative body. The authorizing resolution must identify a corresponding funding source equal to the amount of excess allotment authorized. The excess allotments so authorized shall become a part of the final operating budget. During the time that the continuation operating budget is in effect, the budget may be amended according to the procedures for amending a final operating budget, and amendments shall be made as necessary to provide for debt obligations and court-ordered expenditures. (3) The continuing budget authorized by this subsection (b) may continue in effect for the months of July and August and, upon approval from the comptroller of the treasury or the comptroller's designee after a showing of extraordinary circumstances, may continue for the month of September; provided, however, no such continuation budget may extend beyond September 30 of any fiscal year. The county shall submit justification for extending the continuing budget through the month of September to the comptroller of the treasury or the comptroller's designee for approval by August 15. The comptroller of the treasury or the comptroller's designee may request any additional information as may be required to properly review the continuing budget extension request. The comptroller of the treasury or the comptroller's designee shall report the comptroller's approval or disapproval to the county legislative body within seven (7) business days, after receipt of the request and any requested supplemental documentation, upon which the county legislative body may take action to extend the continuing budget for the month of September. The fact that the county is operating under a continuation budget shall not, by itself, be grounds for disapproval of a tax and revenue anticipation note or other comparable financing.
(1) The county legislative body may alter or revise the proposed budget except as to provision for debt service requirements and for other expenditures required by law.
(2) In the event that the local fiscal body has not adopted a budget by July 1 of any year, and until a final operating budget is adopted, the operating budget for the year just ended and the appropriation resolution for the year shall continue in effect by operation of law without further action of the county legislative body; provided, however, all agencies of the county and other entities receiving appropriated county funds shall not during any month encumber funds in excess of the allotment for a comparable month of the preceding fiscal year, unless specifically authorized to do so by resolution of the county legislative body. The authorizing resolution must identify a corresponding funding source equal to the amount of excess allotment authorized. The excess allotments so authorized shall become a part of the final operating budget. During the time that the continuation operating budget is in effect, the budget may be amended according to the procedures for amending a final operating budget, and amendments shall be made as necessary to provide for debt obligations and court-ordered expenditures.
(3) The continuing budget authorized by this subsection (b) may continue in effect for the months of July and August and, upon approval from the comptroller of the treasury or the comptroller's designee after a showing of extraordinary circumstances, may continue for the month of September; provided, however, no such continuation budget may extend beyond September 30 of any fiscal year. The county shall submit justification for extending the continuing budget through the month of September to the comptroller of the treasury or the comptroller's designee for approval by August 15. The comptroller of the treasury or the comptroller's designee may request any additional information as may be required to properly review the continuing budget extension request. The comptroller of the treasury or the comptroller's designee shall report the comptroller's approval or disapproval to the county legislative body within seven (7) business days, after receipt of the request and any requested supplemental documentation, upon which the county legislative body may take action to extend the continuing budget for the month of September. The fact that the county is operating under a continuation budget shall not, by itself, be grounds for disapproval of a tax and revenue anticipation note or other comparable financing.
(c) If the county legislative body and the county school board fail to agree upon a budget for the county department of education by August 31 of any year, then, by operation of law, the budget for the county department of education shall be equal to the minimum budget required to comply with the local match and maintenance of effort provisions of the TISA. However, if for three (3) consecutive years, the county legislative body and school board fail to agree upon a budget and the department of education receives the minimum required funding for that fiscal year by operation of law, then, the budget in the third year shall include a mandatory increase that is equivalent to three percent (3%) of the required funding from local sources for schools; provided, however, this increase shall not be required if during any of those three (3) years the school board failed to submit its budget proposals in accordance with a timeline provided for in § 5-12-105 .
(d) The budget, the appropriation resolution, and the tax levy resolution, as adopted, shall be spread upon the minutes of the county governing body.
Amended by 2022 Tenn. Acts, ch. 966, s 88, eff. 7/1/2023.
Amended by 2016 Tenn. Acts, ch. 1080, s 8, eff. 1/1/2017.
Amended by 2016 Tenn. Acts, ch. 1080, s 9, eff. 5/20/2016.
Amended by 2015 Tenn. Acts, ch. 170, s 2, eff. 4/16/2015.
Acts 1957, ch. 291, § 9; T.C.A., § 5-1209.
Tenn. Code Ann. § 5-1-104 — TN Code / Title 5 / Chapter 1 / Section 5-1-104
County officers - Filling vacancies
Status: in_force

(a) Each organized county shall have, in addition to the judicial officers elected by the qualified voters or by the county legislative body, such other officers as are authorized by law to manage county business. (b) (1) Vacancies in county offices required by the Constitution of Tennessee or by any statutory provision to be filled by the people shall be filled by the county legislative body, and any person so appointed shall serve until a successor is elected at the next general election, as defined in § 2-1-104 , in the county and is qualified. The county legislative body shall be required to make an appointment to fill a vacancy within one hundred twenty (120) days of receiving notice of the vacancy unless during that time period there is a general election scheduled in the county and there is sufficient time for the vacancy to be placed on the ballot in accordance with this section. Any appointment to fill a vacancy by the county legislative body shall be made in accordance with chapter 5, part 1 of this title. This subdivision (b)(1) shall not apply to any county that has a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census. This subdivision (b)(1) shall not apply in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census. (2) If the vacancy occurs after the time for filing nominating petitions for the party primary election and more than sixty (60) days before the party primary election, then nominees of political parties shall be selected in such primary election and a successor elected in the August general election. If the vacancy occurs less than sixty (60) days before the party primary election but sixty (60) days or more before the August election, then nominees of political parties shall be selected by party convention and a successor elected in the August election. If the vacancy occurs less than sixty (60) days before the August election but sixty (60) days or more before the November election, then nominees of political parties shall be selected by party convention and a successor elected in the November election. (3) If a vacancy occurs more than ten (10) days prior to the regular qualifying deadline, then the regular qualifying deadline shall apply. If the vacancy occurs after the tenth day prior to the regular qualifying deadline, independent candidates and candidates nominated by any political party for the vacancies shall qualify by filing all nominating petitions no later than twelve o'clock (12:00) noon, prevailing time, on the fifty-fifth day before the election. If the qualifying deadline is the fifty-fifth day before the election, candidates must withdraw no later than twelve o'clock (12:00) noon, prevailing time, on the fifty-second day before the election. (c) Notwithstanding any law or any provision of any charter of a metropolitan government to the contrary, whenever an election is held to fill a vacancy in a county office that is elected from districts, including, but not limited to, county school board members, county legislative body members, county highway commissions, and constables, the county legislative body may provide by resolution duly certified to the county election commission that persons qualifying as candidates shall be elected from the most recently adopted reapportionment plan in the county. If the county legislative body requires the election to be held using districts as adopted in the most recently adopted reapportionment plan in the county, the county legislative body shall specify to the county election commission which district shall be used to fill the vacancy by election. In the absence of a resolution requiring the latest reapportionment plan be used and specifying which district shall be used for the election, the election shall be held using the district as constituted for the election of the vacated incumbent. Amended by 2013 Tenn. Acts, ch. 231,s 11, eff. 7/1/2013. Code 1858, § 406 (deriv. Const. 1834, art. 7, § 1); impl. am. Acts 1870, ch. 98, § 1; Shan., § 498; Code 1932, § 744; Acts 1975, ch. 354, § 1; 1978, ch. 934, §§ 2, 24; 1979, ch. 10, §§ 1, 2; T.C.A. (orig. ed.), § 5-104; Acts 1981, ch. 314, § 1; 1981, ch. 318, § 1; 1992, ch. 707, § 1; 1997, ch. 558, §§ 24, 25; 2007, ch. 125, § 8; 2008, ch. 871, § 1.
(a) Each organized county shall have, in addition to the judicial officers elected by the qualified voters or by the county legislative body, such other officers as are authorized by law to manage county business.
(b) (1) Vacancies in county offices required by the Constitution of Tennessee or by any statutory provision to be filled by the people shall be filled by the county legislative body, and any person so appointed shall serve until a successor is elected at the next general election, as defined in § 2-1-104 , in the county and is qualified. The county legislative body shall be required to make an appointment to fill a vacancy within one hundred twenty (120) days of receiving notice of the vacancy unless during that time period there is a general election scheduled in the county and there is sufficient time for the vacancy to be placed on the ballot in accordance with this section. Any appointment to fill a vacancy by the county legislative body shall be made in accordance with chapter 5, part 1 of this title. This subdivision (b)(1) shall not apply to any county that has a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census. This subdivision (b)(1) shall not apply in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census. (2) If the vacancy occurs after the time for filing nominating petitions for the party primary election and more than sixty (60) days before the party primary election, then nominees of political parties shall be selected in such primary election and a successor elected in the August general election. If the vacancy occurs less than sixty (60) days before the party primary election but sixty (60) days or more before the August election, then nominees of political parties shall be selected by party convention and a successor elected in the August election. If the vacancy occurs less than sixty (60) days before the August election but sixty (60) days or more before the November election, then nominees of political parties shall be selected by party convention and a successor elected in the November election. (3) If a vacancy occurs more than ten (10) days prior to the regular qualifying deadline, then the regular qualifying deadline shall apply. If the vacancy occurs after the tenth day prior to the regular qualifying deadline, independent candidates and candidates nominated by any political party for the vacancies shall qualify by filing all nominating petitions no later than twelve o'clock (12:00) noon, prevailing time, on the fifty-fifth day before the election. If the qualifying deadline is the fifty-fifth day before the election, candidates must withdraw no later than twelve o'clock (12:00) noon, prevailing time, on the fifty-second day before the election.
(1) Vacancies in county offices required by the Constitution of Tennessee or by any statutory provision to be filled by the people shall be filled by the county legislative body, and any person so appointed shall serve until a successor is elected at the next general election, as defined in § 2-1-104 , in the county and is qualified. The county legislative body shall be required to make an appointment to fill a vacancy within one hundred twenty (120) days of receiving notice of the vacancy unless during that time period there is a general election scheduled in the county and there is sufficient time for the vacancy to be placed on the ballot in accordance with this section. Any appointment to fill a vacancy by the county legislative body shall be made in accordance with chapter 5, part 1 of this title. This subdivision (b)(1) shall not apply to any county that has a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census. This subdivision (b)(1) shall not apply in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census.
(2) If the vacancy occurs after the time for filing nominating petitions for the party primary election and more than sixty (60) days before the party primary election, then nominees of political parties shall be selected in such primary election and a successor elected in the August general election. If the vacancy occurs less than sixty (60) days before the party primary election but sixty (60) days or more before the August election, then nominees of political parties shall be selected by party convention and a successor elected in the August election. If the vacancy occurs less than sixty (60) days before the August election but sixty (60) days or more before the November election, then nominees of political parties shall be selected by party convention and a successor elected in the November election.
(3) If a vacancy occurs more than ten (10) days prior to the regular qualifying deadline, then the regular qualifying deadline shall apply. If the vacancy occurs after the tenth day prior to the regular qualifying deadline, independent candidates and candidates nominated by any political party for the vacancies shall qualify by filing all nominating petitions no later than twelve o'clock (12:00) noon, prevailing time, on the fifty-fifth day before the election. If the qualifying deadline is the fifty-fifth day before the election, candidates must withdraw no later than twelve o'clock (12:00) noon, prevailing time, on the fifty-second day before the election.
(c) Notwithstanding any law or any provision of any charter of a metropolitan government to the contrary, whenever an election is held to fill a vacancy in a county office that is elected from districts, including, but not limited to, county school board members, county legislative body members, county highway commissions, and constables, the county legislative body may provide by resolution duly certified to the county election commission that persons qualifying as candidates shall be elected from the most recently adopted reapportionment plan in the county. If the county legislative body requires the election to be held using districts as adopted in the most recently adopted reapportionment plan in the county, the county legislative body shall specify to the county election commission which district shall be used to fill the vacancy by election. In the absence of a resolution requiring the latest reapportionment plan be used and specifying which district shall be used for the election, the election shall be held using the district as constituted for the election of the vacated incumbent.
Amended by 2013 Tenn. Acts, ch. 231,s 11, eff. 7/1/2013.
Code 1858, § 406 (deriv. Const. 1834, art. 7, § 1); impl. am. Acts 1870, ch. 98, § 1; Shan., § 498; Code 1932, § 744; Acts 1975, ch. 354, § 1; 1978, ch. 934, §§ 2, 24; 1979, ch. 10, §§ 1, 2; T.C.A. (orig. ed.), § 5-104; Acts 1981, ch. 314, § 1; 1981, ch. 318, § 1; 1992, ch. 707, § 1; 1997, ch. 558, §§ 24, 25; 2007, ch. 125, § 8; 2008, ch. 871, § 1.
Tenn. Code Ann. § 5-13-102 — TN Code / Title 5 / Chapter 13 / Section 5-13-102
Local approval
Status: in_force

(a) This chapter shall be local in effect and shall become effective in a particular county upon the contingency of a two-thirds (2/3) vote of the county legislative body or other governing body of the county approving this law, or upon the contingency of the majority of the voters casting votes in any election held for this purpose approving this law. (b) (1) The procedure for elections held for the purpose of approving this law shall be that the county election commission shall call and conduct an election within thirty (30) days after receiving a petition signed by ten percent (10%) of the qualified voters of the county stating that they favor this law and requesting that an election be held in the county on the subject. (2) The number of qualified voters in the county is deemed to be the total number of votes cast for all candidates for governor in the last general election, or upon a resolution of the county legislative body or other governing body, duly certified to the election commission, requesting such an election. (3) In such an election, the propositions to be voted upon shall be stated on the ballot on separate lines in the following manner: "For the County Fiscal Procedure Law of 1957" and "Against the County Fiscal Procedure Law of 1957." Acts 1957, ch. 313, § 2; impl. am. Acts 1972, ch. 740, §7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1302.
(a) This chapter shall be local in effect and shall become effective in a particular county upon the contingency of a two-thirds (2/3) vote of the county legislative body or other governing body of the county approving this law, or upon the contingency of the majority of the voters casting votes in any election held for this purpose approving this law.
(b) (1) The procedure for elections held for the purpose of approving this law shall be that the county election commission shall call and conduct an election within thirty (30) days after receiving a petition signed by ten percent (10%) of the qualified voters of the county stating that they favor this law and requesting that an election be held in the county on the subject. (2) The number of qualified voters in the county is deemed to be the total number of votes cast for all candidates for governor in the last general election, or upon a resolution of the county legislative body or other governing body, duly certified to the election commission, requesting such an election. (3) In such an election, the propositions to be voted upon shall be stated on the ballot on separate lines in the following manner: "For the County Fiscal Procedure Law of 1957" and "Against the County Fiscal Procedure Law of 1957."
(1) The procedure for elections held for the purpose of approving this law shall be that the county election commission shall call and conduct an election within thirty (30) days after receiving a petition signed by ten percent (10%) of the qualified voters of the county stating that they favor this law and requesting that an election be held in the county on the subject.
(2) The number of qualified voters in the county is deemed to be the total number of votes cast for all candidates for governor in the last general election, or upon a resolution of the county legislative body or other governing body, duly certified to the election commission, requesting such an election.
(3) In such an election, the propositions to be voted upon shall be stated on the ballot on separate lines in the following manner: "For the County Fiscal Procedure Law of 1957" and "Against the County Fiscal Procedure Law of 1957."
Acts 1957, ch. 313, § 2; impl. am. Acts 1972, ch. 740, §7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1302.
Tenn. Code Ann. § 5-9-105 — TN Code / Title 5 / Chapter 9 / Section 5-9-105
Purchases of code
Status: in_force

(a) The county legislative body, composed of the members thereof, is authorized to purchase, from time to time, compilations of the public and permanent statutes of this state, for the use of judges of the court of general sessions and county officers, and to make appropriations of county funds for such purpose. (b) (1) No judge of the court of general sessions or county officer furnished with a compilation under this section shall acquire any personal ownership or title thereto, but all such compilations shall be and remain the property of the county. (2) All laws pertaining to the preservation, safekeeping and transmission of official books and papers from incumbents to their successors in office shall be in force and applicable to all copies of compilations purchased under this section. Acts 1917, ch. 43, §§ 1, 2; Shan., §§ 6050a2, 6050a3; Code 1932, §§ 10257, 10258; impl. am. Acts 1978, ch. 934, §§ 7, 36; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 5-905.
(a) The county legislative body, composed of the members thereof, is authorized to purchase, from time to time, compilations of the public and permanent statutes of this state, for the use of judges of the court of general sessions and county officers, and to make appropriations of county funds for such purpose.
(b) (1) No judge of the court of general sessions or county officer furnished with a compilation under this section shall acquire any personal ownership or title thereto, but all such compilations shall be and remain the property of the county. (2) All laws pertaining to the preservation, safekeeping and transmission of official books and papers from incumbents to their successors in office shall be in force and applicable to all copies of compilations purchased under this section.
(1) No judge of the court of general sessions or county officer furnished with a compilation under this section shall acquire any personal ownership or title thereto, but all such compilations shall be and remain the property of the county.
(2) All laws pertaining to the preservation, safekeeping and transmission of official books and papers from incumbents to their successors in office shall be in force and applicable to all copies of compilations purchased under this section.
Acts 1917, ch. 43, §§ 1, 2; Shan., §§ 6050a2, 6050a3; Code 1932, §§ 10257, 10258; impl. am. Acts 1978, ch. 934, §§ 7, 36; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 5-905.
Tenn. Code Ann. § 5-1-108 — TN Code / Title 5 / Chapter 1 / Section 5-1-108
Division into districts
Status: in_force

The different counties shall be laid off, as the general assembly may direct, into districts of convenient size, so that the whole number in each county shall not be more than twenty-five (25), or four (4) for every one hundred square miles (100 sq. mi.). Code 1858, § 76 (deriv. Const. 1834, art. 6, § 15); Shan., § 94; Code 1932, § 112; T.C.A (orig. ed.), § 5-108.
The different counties shall be laid off, as the general assembly may direct, into districts of convenient size, so that the whole number in each county shall not be more than twenty-five (25), or four (4) for every one hundred square miles (100 sq. mi.).
Code 1858, § 76 (deriv. Const. 1834, art. 6, § 15); Shan., § 94; Code 1932, § 112; T.C.A (orig. ed.), § 5-108.
Tenn. Code Ann. § 5-1-109 — TN Code / Title 5 / Chapter 1 / Section 5-1-109
Continuation of existing districts
Status: in_force

The districts already laid off in the several counties shall continue until altered in the manner pointed out by law. Code 1858, § 77 (deriv. Acts 1835-1836, ch. 1, § 2); Shan., § 95; Code 1932, § 113; T.C.A. (orig. ed.), § 5-109.
The districts already laid off in the several counties shall continue until altered in the manner pointed out by law.
Code 1858, § 77 (deriv. Acts 1835-1836, ch. 1, § 2); Shan., § 95; Code 1932, § 113; T.C.A. (orig. ed.), § 5-109.
Tenn. Code Ann. § 5-21-105 — TN Code / Title 5 / Chapter 21 / Section 5-21-105
Special committees - General provisions
Status: in_force

(a) The county legislative body may authorize the committee to assume the functions of any or all of the following special committees or the county legislative body may by resolution create: (1) A budget committee; (2) An investment committee; or (3) A purchasing committee. (b) (1) Except as provided in subdivision (b)(2), upon creation, the special committees shall be composed of a minimum of five (5) members appointed by the county legislative body. The members of such committee need not be members of the county legislative body. (2) (A) Notwithstanding subdivision (b)(1), in counties having the following populations, according to the 1990 federal census or any subsequent federal census, special committees shall be composed of five (5) members: not less than nor more than 13,375 13,600 46,000 46,500 67,600 67,900 77,800 78,000 (B) Notwithstanding subdivision (b)(1), in counties having a population of not less than seventeen thousand two hundred fifty (17,250) nor more than seventeen thousand five hundred fifty (17,550), according to the 1990 federal census or any subsequent federal census, the budget committee shall be composed of six (6) members. (c) The director shall be the ex officio secretary of each such committee. (d) The budget committee shall establish and approve policies, forms and documents, procedures, and regulations necessary for the preparation of the annual operating and capital improvement budgets. (e) The investment committee shall establish and approve policies and procedures for cash management and investing idle cash funds in various investments as prescribed by law. (f) The purchasing committee shall establish and approve policies and procedures for the purchasing of all supplies, equipment or goods for the county. Acts 1981, ch. 325, § 5; 1992, ch. 789, §§ 1-3; 1996, ch. 645, § 1.
(a) The county legislative body may authorize the committee to assume the functions of any or all of the following special committees or the county legislative body may by resolution create: (1) A budget committee; (2) An investment committee; or (3) A purchasing committee.
(1) A budget committee;
(2) An investment committee; or
(3) A purchasing committee.
(b) (1) Except as provided in subdivision (b)(2), upon creation, the special committees shall be composed of a minimum of five (5) members appointed by the county legislative body. The members of such committee need not be members of the county legislative body. (2) (A) Notwithstanding subdivision (b)(1), in counties having the following populations, according to the 1990 federal census or any subsequent federal census, special committees shall be composed of five (5) members: not less than nor more than 13,375 13,600 46,000 46,500 67,600 67,900 77,800 78,000 (B) Notwithstanding subdivision (b)(1), in counties having a population of not less than seventeen thousand two hundred fifty (17,250) nor more than seventeen thousand five hundred fifty (17,550), according to the 1990 federal census or any subsequent federal census, the budget committee shall be composed of six (6) members.
(1) Except as provided in subdivision (b)(2), upon creation, the special committees shall be composed of a minimum of five (5) members appointed by the county legislative body. The members of such committee need not be members of the county legislative body.
(2) (A) Notwithstanding subdivision (b)(1), in counties having the following populations, according to the 1990 federal census or any subsequent federal census, special committees shall be composed of five (5) members: not less than nor more than 13,375 13,600 46,000 46,500 67,600 67,900 77,800 78,000 (B) Notwithstanding subdivision (b)(1), in counties having a population of not less than seventeen thousand two hundred fifty (17,250) nor more than seventeen thousand five hundred fifty (17,550), according to the 1990 federal census or any subsequent federal census, the budget committee shall be composed of six (6) members.
(A) Notwithstanding subdivision (b)(1), in counties having the following populations, according to the 1990 federal census or any subsequent federal census, special committees shall be composed of five (5) members: not less than nor more than 13,375 13,600 46,000 46,500 67,600 67,900 77,800 78,000
not less than nor more than 13,375 13,600 46,000 46,500 67,600 67,900 77,800 78,000
not less than
nor more than
13,375
13,600
46,000
46,500
67,600
67,900
77,800
78,000
(B) Notwithstanding subdivision (b)(1), in counties having a population of not less than seventeen thousand two hundred fifty (17,250) nor more than seventeen thousand five hundred fifty (17,550), according to the 1990 federal census or any subsequent federal census, the budget committee shall be composed of six (6) members.
(c) The director shall be the ex officio secretary of each such committee.
(d) The budget committee shall establish and approve policies, forms and documents, procedures, and regulations necessary for the preparation of the annual operating and capital improvement budgets.
(e) The investment committee shall establish and approve policies and procedures for cash management and investing idle cash funds in various investments as prescribed by law.
(f) The purchasing committee shall establish and approve policies and procedures for the purchasing of all supplies, equipment or goods for the county.
Acts 1981, ch. 325, § 5; 1992, ch. 789, §§ 1-3; 1996, ch. 645, § 1.
Tenn. Code Ann. § 5-13-105 — TN Code / Title 5 / Chapter 13 / Section 5-13-105
Director of accounts and budgets - Accounting duties generally
Status: in_force

(a) It is the duty of the director of accounts and budgets to: (1) Post and otherwise keep the records of the central accounting system; (2) Verify all bills, invoices, payrolls and claims against the county before payment; and (3) Check the settlements and reports of the various officials and department heads of the county government. (b) (1) The director shall also, after careful preaudit of invoices, bills and claims against the county or any of its funds, prepare disbursement warrants on all county funds. (2) It is the duty of such director to sign all county disbursement warrants as evidence of such director's audit and approval of the expenditure made thereby, but no disbursement warrant drawn on the county trustee shall become a county liability payable by the county trustee until such warrant shall also have been signed by the county mayor, county director of schools, or other official or officials whose signatures are required on such warrants. (c) (1) The director shall install, with the approval of the comptroller of the treasury, a uniform classification of accounts, including a classification of revenues and expenditures, to be used in accounting, budgeting and financial reporting respecting all county funds, offices, agencies and activities of the county governments, with the exception of school funds administered by the county board of education and the county director of schools, and shall prescribe the forms to be used by each official and employee of the county in connection therewith. (2) The classification of expenditures and receipts of county school funds shall conform to the classification of accounts as prescribed by the commissioner of education. (d) (1) The director shall set up and maintain a double entry system of accounting for recording the transactions of all of the county's funds, including both proprietary and budgetary accounts, in conformity with the requirements set out in § 5-13-104 . (2) The accounts shall be kept on the modified cash basis. (e) (1) The director shall set up the necessary accounts to properly record the annual budget and each appropriation made by the county legislative body. (2) All encumbrances, expenditures or other charges against any item of the budget shall be promptly recorded in order that the unencumbered balance of each item of the budget shall be readily ascertainable at all times. (f) (1) At the end of each month, the director shall prepare a comprehensive report of all revenues and expenditures of the county and of each of its several funds, departments, offices, agencies and activities, all encumbrances against the several appropriations, and the condition of each item of appropriation in the annual budget. (2) The most recent of such reports shall be presented to the county legislative body at each quarterly meeting and copies of such reports shall be furnished the members thereof. (g) (1) The director shall preaudit all payrolls of the county before payment and shall maintain complete earnings records of each employee of the county. (2) The director and the county mayor are hereby authorized to maintain a special county payroll account at a local bank at the county seat, in which disbursement warrants for the total of each payroll may be deposited and against which individual net earning checks may be issued to each of the county employees. (3) The county mayor may authorize the issuance of such payroll checks on the signature of the director, and in such event the depository bank shall be so instructed. Acts 1957, ch. 313, § 5; 1961, ch. 276, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., §5-1305; Acts 2003 , ch. 90, § 2.
(a) It is the duty of the director of accounts and budgets to: (1) Post and otherwise keep the records of the central accounting system; (2) Verify all bills, invoices, payrolls and claims against the county before payment; and (3) Check the settlements and reports of the various officials and department heads of the county government.
(1) Post and otherwise keep the records of the central accounting system;
(2) Verify all bills, invoices, payrolls and claims against the county before payment; and
(3) Check the settlements and reports of the various officials and department heads of the county government.
(b) (1) The director shall also, after careful preaudit of invoices, bills and claims against the county or any of its funds, prepare disbursement warrants on all county funds. (2) It is the duty of such director to sign all county disbursement warrants as evidence of such director's audit and approval of the expenditure made thereby, but no disbursement warrant drawn on the county trustee shall become a county liability payable by the county trustee until such warrant shall also have been signed by the county mayor, county director of schools, or other official or officials whose signatures are required on such warrants.
(1) The director shall also, after careful preaudit of invoices, bills and claims against the county or any of its funds, prepare disbursement warrants on all county funds.
(2) It is the duty of such director to sign all county disbursement warrants as evidence of such director's audit and approval of the expenditure made thereby, but no disbursement warrant drawn on the county trustee shall become a county liability payable by the county trustee until such warrant shall also have been signed by the county mayor, county director of schools, or other official or officials whose signatures are required on such warrants.
(c) (1) The director shall install, with the approval of the comptroller of the treasury, a uniform classification of accounts, including a classification of revenues and expenditures, to be used in accounting, budgeting and financial reporting respecting all county funds, offices, agencies and activities of the county governments, with the exception of school funds administered by the county board of education and the county director of schools, and shall prescribe the forms to be used by each official and employee of the county in connection therewith. (2) The classification of expenditures and receipts of county school funds shall conform to the classification of accounts as prescribed by the commissioner of education.
(1) The director shall install, with the approval of the comptroller of the treasury, a uniform classification of accounts, including a classification of revenues and expenditures, to be used in accounting, budgeting and financial reporting respecting all county funds, offices, agencies and activities of the county governments, with the exception of school funds administered by the county board of education and the county director of schools, and shall prescribe the forms to be used by each official and employee of the county in connection therewith.
(2) The classification of expenditures and receipts of county school funds shall conform to the classification of accounts as prescribed by the commissioner of education.
(d) (1) The director shall set up and maintain a double entry system of accounting for recording the transactions of all of the county's funds, including both proprietary and budgetary accounts, in conformity with the requirements set out in § 5-13-104 . (2) The accounts shall be kept on the modified cash basis.
(1) The director shall set up and maintain a double entry system of accounting for recording the transactions of all of the county's funds, including both proprietary and budgetary accounts, in conformity with the requirements set out in § 5-13-104 .
(2) The accounts shall be kept on the modified cash basis.
(e) (1) The director shall set up the necessary accounts to properly record the annual budget and each appropriation made by the county legislative body. (2) All encumbrances, expenditures or other charges against any item of the budget shall be promptly recorded in order that the unencumbered balance of each item of the budget shall be readily ascertainable at all times.
(1) The director shall set up the necessary accounts to properly record the annual budget and each appropriation made by the county legislative body.
(2) All encumbrances, expenditures or other charges against any item of the budget shall be promptly recorded in order that the unencumbered balance of each item of the budget shall be readily ascertainable at all times.
(f) (1) At the end of each month, the director shall prepare a comprehensive report of all revenues and expenditures of the county and of each of its several funds, departments, offices, agencies and activities, all encumbrances against the several appropriations, and the condition of each item of appropriation in the annual budget. (2) The most recent of such reports shall be presented to the county legislative body at each quarterly meeting and copies of such reports shall be furnished the members thereof.
(1) At the end of each month, the director shall prepare a comprehensive report of all revenues and expenditures of the county and of each of its several funds, departments, offices, agencies and activities, all encumbrances against the several appropriations, and the condition of each item of appropriation in the annual budget.
(2) The most recent of such reports shall be presented to the county legislative body at each quarterly meeting and copies of such reports shall be furnished the members thereof.
(g) (1) The director shall preaudit all payrolls of the county before payment and shall maintain complete earnings records of each employee of the county. (2) The director and the county mayor are hereby authorized to maintain a special county payroll account at a local bank at the county seat, in which disbursement warrants for the total of each payroll may be deposited and against which individual net earning checks may be issued to each of the county employees. (3) The county mayor may authorize the issuance of such payroll checks on the signature of the director, and in such event the depository bank shall be so instructed.
(1) The director shall preaudit all payrolls of the county before payment and shall maintain complete earnings records of each employee of the county.
(2) The director and the county mayor are hereby authorized to maintain a special county payroll account at a local bank at the county seat, in which disbursement warrants for the total of each payroll may be deposited and against which individual net earning checks may be issued to each of the county employees.
(3) The county mayor may authorize the issuance of such payroll checks on the signature of the director, and in such event the depository bank shall be so instructed.
Acts 1957, ch. 313, § 5; 1961, ch. 276, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., §5-1305; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 5-3-101 — TN Code / Title 5 / Chapter 3 / Section 5-3-101
State consolidation committee
Status: in_force

(a) There is created a state consolidation committee composed of the following members: (1) The governor; (2) The attorney general and reporter or the attorney general and reporter's representative; (3) The commissioner of revenue or the commissioner's representative; (4) The commissioner of transportation or the commissioner's representative; (5) The commissioner of education or the commissioner's representative; (6) The commissioner of environment and conservation or the commissioner's representative; and (7) The director and secretary of the state planning office [abolished]. (b) (1) The governor shall serve as chair of the committee and the committee shall meet subject to the call of the governor. (2) All members shall be notified, in advance, of the time and place of each meeting, and four (4) members shall constitute a quorum. Acts 1939, ch. 224, § 2; C. Supp. 1950, § 136.1 (Williams, § 136.2); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1972, ch. 829, § 5; T.C.A. (orig. ed.), § 5-301.
(a) There is created a state consolidation committee composed of the following members: (1) The governor; (2) The attorney general and reporter or the attorney general and reporter's representative; (3) The commissioner of revenue or the commissioner's representative; (4) The commissioner of transportation or the commissioner's representative; (5) The commissioner of education or the commissioner's representative; (6) The commissioner of environment and conservation or the commissioner's representative; and (7) The director and secretary of the state planning office [abolished].
(1) The governor;
(2) The attorney general and reporter or the attorney general and reporter's representative;
(3) The commissioner of revenue or the commissioner's representative;
(4) The commissioner of transportation or the commissioner's representative;
(5) The commissioner of education or the commissioner's representative;
(6) The commissioner of environment and conservation or the commissioner's representative; and
(7) The director and secretary of the state planning office [abolished].
(b) (1) The governor shall serve as chair of the committee and the committee shall meet subject to the call of the governor. (2) All members shall be notified, in advance, of the time and place of each meeting, and four (4) members shall constitute a quorum.
(1) The governor shall serve as chair of the committee and the committee shall meet subject to the call of the governor.
(2) All members shall be notified, in advance, of the time and place of each meeting, and four (4) members shall constitute a quorum.
Acts 1939, ch. 224, § 2; C. Supp. 1950, § 136.1 (Williams, § 136.2); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1972, ch. 829, § 5; T.C.A. (orig. ed.), § 5-301.
Tenn. Code Ann. § 5-3-122 — TN Code / Title 5 / Chapter 3 / Section 5-3-122
State consolidation grants - Funding
Status: in_force

(a) The state funding board is authorized to issue at one (1) time or from time to time bonds of the state in an amount not to exceed one million dollars ($1,000,000). (b) These bonds shall be issued under the authority of title 9, chapter 9, according to the conditions and limitations set forth in former § 9-9-208 [repealed]. (c) All bonds issued under the authority of §§ 5-3-122 - 5-3-125 shall be issued by the state funding board upon request of the state consolidation committee. (d) These bonds, after issuance, shall constitute general obligations of the state for the payment of which its full faith and credit are hereby pledged and shall be further secured by the pledges of special revenue as provided for in title 9, chapter 9. (e) Any and all bonds that may be sold by the state funding board pursuant to §§ 5-3-122 - 5-3-125 shall be sold in the same manner and subject to the same conditions as prescribed by former § 9-9-208 [repealed]. Acts 1939, ch. 226, § 1; C. Supp. 1950, § 136.18 (Williams, §136.21); T.C.A. (orig. ed.), § 5-322.
(a) The state funding board is authorized to issue at one (1) time or from time to time bonds of the state in an amount not to exceed one million dollars ($1,000,000).
(b) These bonds shall be issued under the authority of title 9, chapter 9, according to the conditions and limitations set forth in former § 9-9-208 [repealed].
(c) All bonds issued under the authority of §§ 5-3-122 - 5-3-125 shall be issued by the state funding board upon request of the state consolidation committee.
(d) These bonds, after issuance, shall constitute general obligations of the state for the payment of which its full faith and credit are hereby pledged and shall be further secured by the pledges of special revenue as provided for in title 9, chapter 9.
(e) Any and all bonds that may be sold by the state funding board pursuant to §§ 5-3-122 - 5-3-125 shall be sold in the same manner and subject to the same conditions as prescribed by former § 9-9-208 [repealed].
Acts 1939, ch. 226, § 1; C. Supp. 1950, § 136.18 (Williams, §136.21); T.C.A. (orig. ed.), § 5-322.
Tenn. Code Ann. § 5-8-502 — TN Code / Title 5 / Chapter 8 / Section 5-8-502
Compliance with accounting standards
Status: in_force

All county officials and agencies receiving and disbursing the revenues of the state or any political subdivision thereof shall be required to adopt a system of bookkeeping and accounting that meets the minimum standards provided for in § 5-8-501 . Acts 1953, ch. 25, § 2 (Williams, § 1681.2); T.C.A. (orig. ed.), § 5-826.
All county officials and agencies receiving and disbursing the revenues of the state or any political subdivision thereof shall be required to adopt a system of bookkeeping and accounting that meets the minimum standards provided for in § 5-8-501 .
Acts 1953, ch. 25, § 2 (Williams, § 1681.2); T.C.A. (orig. ed.), § 5-826.
Tenn. Code Ann. § 5-1-101 — TN Code / Title 5 / Chapter 1 / Section 5-1-101
Enumeration of counties
Status: in_force

The state is divided into the following counties: Anderson, Bedford, Benton, Bledsoe, Blount, Bradley, Campbell, Cannon, Carroll, Carter, Cheatham, Chester, Claiborne, Clay, Cocke, Coffee, Crockett, Cumberland, Davidson, Decatur, DeKalb, Dickson, Dyer, Fayette, Fentress, Franklin, Gibson, Giles, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hardeman, Hardin, Hawkins, Haywood, Henderson, Henry, Hickman, Houston, Humphreys, Jackson, Jefferson, Johnson, Knox, Lake, Lauderdale, Lawrence, Lewis, Lincoln, Loudon, Macon, Madison, Marion, Marshall, Maury, McMinn, McNairy, Meigs, Monroe, Montgomery, Moore, Morgan, Obion, Overton, Perry, Pickett, Polk, Putnam, Rhea, Roane, Robertson, Rutherford, Scott, Sequatchie, Sevier, Shelby, Smith, Stewart, Sullivan, Sumner, Tipton, Trousdale, Unicoi, Union, Van Buren, Warren, Washington, Wayne, Weakley, White, Williamson and Wilson. Code 1858, § 75; Shan., § 92a; Code 1932, § 110; T.C.A. (orig. ed.), § 5-101.
The state is divided into the following counties: Anderson, Bedford, Benton, Bledsoe, Blount, Bradley, Campbell, Cannon, Carroll, Carter, Cheatham, Chester, Claiborne, Clay, Cocke, Coffee, Crockett, Cumberland, Davidson, Decatur, DeKalb, Dickson, Dyer, Fayette, Fentress, Franklin, Gibson, Giles, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hardeman, Hardin, Hawkins, Haywood, Henderson, Henry, Hickman, Houston, Humphreys, Jackson, Jefferson, Johnson, Knox, Lake, Lauderdale, Lawrence, Lewis, Lincoln, Loudon, Macon, Madison, Marion, Marshall, Maury, McMinn, McNairy, Meigs, Monroe, Montgomery, Moore, Morgan, Obion, Overton, Perry, Pickett, Polk, Putnam, Rhea, Roane, Robertson, Rutherford, Scott, Sequatchie, Sevier, Shelby, Smith, Stewart, Sullivan, Sumner, Tipton, Trousdale, Unicoi, Union, Van Buren, Warren, Washington, Wayne, Weakley, White, Williamson and Wilson.
Code 1858, § 75; Shan., § 92a; Code 1932, § 110; T.C.A. (orig. ed.), § 5-101.
Tenn. Code Ann. § 5-3-104 — TN Code / Title 5 / Chapter 3 / Section 5-3-104
Referendum
Status: in_force

(a) If the report of the joint committee recommends that the petitioning county be consolidated, the county election commission of the petitioning county shall, after publication of the report, call an election in the county on the question of whether a constitutional majority of the qualified voters in the county are in favor of the plan of consolidation as recommended by the joint committee. (b) All registered voters in the county may vote in the election. (c) (1) After completion of its duties under § 2-8-105(3) , the county election commission shall determine and certify the result of the election. (2) One (1) copy of the certificate shall be delivered by the county election commission to the county clerk of each of the counties affected, one (1) copy shall be delivered to the state consolidation committee, one (1) copy shall be delivered to the county consolidation committee, and one (1) copy shall be delivered to the secretary of state. (3) Any irregularity in the certificate or any failure or omission to deliver, to forward, to file, or to record the certificate, as provided in subdivision (c)(2), shall not affect the validity of the act, or the legality of the consolidation of the petitioning county with any other county or counties; provided, that it be a fact that a constitutional majority of the qualified voters of the petitioning county voted for the consolidation of the county at the election. Acts 1939, ch. 224, § 4; C. Supp. 1950, § 136.3 (Williams, §136.4); Acts 1972, ch. 740, § 4(2); impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-304.
(a) If the report of the joint committee recommends that the petitioning county be consolidated, the county election commission of the petitioning county shall, after publication of the report, call an election in the county on the question of whether a constitutional majority of the qualified voters in the county are in favor of the plan of consolidation as recommended by the joint committee.
(b) All registered voters in the county may vote in the election.
(c) (1) After completion of its duties under § 2-8-105(3) , the county election commission shall determine and certify the result of the election. (2) One (1) copy of the certificate shall be delivered by the county election commission to the county clerk of each of the counties affected, one (1) copy shall be delivered to the state consolidation committee, one (1) copy shall be delivered to the county consolidation committee, and one (1) copy shall be delivered to the secretary of state. (3) Any irregularity in the certificate or any failure or omission to deliver, to forward, to file, or to record the certificate, as provided in subdivision (c)(2), shall not affect the validity of the act, or the legality of the consolidation of the petitioning county with any other county or counties; provided, that it be a fact that a constitutional majority of the qualified voters of the petitioning county voted for the consolidation of the county at the election.
(1) After completion of its duties under § 2-8-105(3) , the county election commission shall determine and certify the result of the election.
(2) One (1) copy of the certificate shall be delivered by the county election commission to the county clerk of each of the counties affected, one (1) copy shall be delivered to the state consolidation committee, one (1) copy shall be delivered to the county consolidation committee, and one (1) copy shall be delivered to the secretary of state.
(3) Any irregularity in the certificate or any failure or omission to deliver, to forward, to file, or to record the certificate, as provided in subdivision (c)(2), shall not affect the validity of the act, or the legality of the consolidation of the petitioning county with any other county or counties; provided, that it be a fact that a constitutional majority of the qualified voters of the petitioning county voted for the consolidation of the county at the election.
Acts 1939, ch. 224, § 4; C. Supp. 1950, § 136.3 (Williams, §136.4); Acts 1972, ch. 740, § 4(2); impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 5-304.
Tenn. Code Ann. § 5-1-105 — TN Code / Title 5 / Chapter 1 / Section 5-1-105
Suits against counties
Status: in_force

Suits may be maintained against a county for any just claim, as against other corporations. Code 1858, § 403 (deriv. Acts 1857-1858, ch. 15, §§ 1, 2); Shan., § 494; Code 1932, § 740; Acts 1972, ch. 565, § 2; T.C.A. (orig. ed.), § 5-105.
Suits may be maintained against a county for any just claim, as against other corporations.
Code 1858, § 403 (deriv. Acts 1857-1858, ch. 15, §§ 1, 2); Shan., § 494; Code 1932, § 740; Acts 1972, ch. 565, § 2; T.C.A. (orig. ed.), § 5-105.
Tenn. Code Ann. § 5-19-111 — TN Code / Title 5 / Chapter 19 / Section 5-19-111
Bonds
Status: in_force

(a) The county legislative body, or other governing body, of the county is hereby authorized to issue bonds of the county for the purpose of financing the cost of the establishment, construction, installation or acquisition of any refuse collection or disposal equipment or facility. (b) Bonds so issued may be either general obligation bonds of the county secured by the full faith and credit and taxing power of the county, or by taxes levied on property in a specified district, or revenue bonds secured by the revenues derived from the operation of the refuse collection or disposal equipment or facility financed thereby, or by a combination of such revenues and the unpledged revenues derived by the county from any other refuse collection or disposal equipment or facility owned and operated by the county, or combination revenue-general obligation deficiency bonds secured primarily by revenues and secondarily by the taxing power of the county. (c) (1) Any bonds issued by the county for the purpose of financing refuse collection or disposal equipment or facilities shall be issued in the manner and form prescribed by the applicable provisions of title 9, chapter 21. (2) In the issuance of bonds, any refuse collection or disposal equipment or facility so financed shall be deemed to be a "public works project," as defined in title 9, chapter 21, and all power and authority conferred upon the county by the terms and provisions of title 9, chapter 21, with respect to the construction, operation, maintenance, financing and the fixing and collection of fees, rates, rents and other charges shall be available to and vested in the county with respect to the establishment, construction, installation, acquisition, operation, maintenance and financing of the refuse collection or disposal equipment or facility authorized pursuant to this chapter. Acts 1969, ch. 201, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 5-1911; Acts 1988, ch. 750, §§ 6, 7.
(a) The county legislative body, or other governing body, of the county is hereby authorized to issue bonds of the county for the purpose of financing the cost of the establishment, construction, installation or acquisition of any refuse collection or disposal equipment or facility.
(b) Bonds so issued may be either general obligation bonds of the county secured by the full faith and credit and taxing power of the county, or by taxes levied on property in a specified district, or revenue bonds secured by the revenues derived from the operation of the refuse collection or disposal equipment or facility financed thereby, or by a combination of such revenues and the unpledged revenues derived by the county from any other refuse collection or disposal equipment or facility owned and operated by the county, or combination revenue-general obligation deficiency bonds secured primarily by revenues and secondarily by the taxing power of the county.
(c) (1) Any bonds issued by the county for the purpose of financing refuse collection or disposal equipment or facilities shall be issued in the manner and form prescribed by the applicable provisions of title 9, chapter 21. (2) In the issuance of bonds, any refuse collection or disposal equipment or facility so financed shall be deemed to be a "public works project," as defined in title 9, chapter 21, and all power and authority conferred upon the county by the terms and provisions of title 9, chapter 21, with respect to the construction, operation, maintenance, financing and the fixing and collection of fees, rates, rents and other charges shall be available to and vested in the county with respect to the establishment, construction, installation, acquisition, operation, maintenance and financing of the refuse collection or disposal equipment or facility authorized pursuant to this chapter.
(1) Any bonds issued by the county for the purpose of financing refuse collection or disposal equipment or facilities shall be issued in the manner and form prescribed by the applicable provisions of title 9, chapter 21.
(2) In the issuance of bonds, any refuse collection or disposal equipment or facility so financed shall be deemed to be a "public works project," as defined in title 9, chapter 21, and all power and authority conferred upon the county by the terms and provisions of title 9, chapter 21, with respect to the construction, operation, maintenance, financing and the fixing and collection of fees, rates, rents and other charges shall be available to and vested in the county with respect to the establishment, construction, installation, acquisition, operation, maintenance and financing of the refuse collection or disposal equipment or facility authorized pursuant to this chapter.
Acts 1969, ch. 201, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 5-1911; Acts 1988, ch. 750, §§ 6, 7.
Tenn. Code Ann. § 5-1-301 — TN Code / Title 5 / Chapter 1 / Section 5-1-301
Short title
Status: in_force

This part shall be known and may be cited as the "County Officials Certificate Training Program Act." Acts 1989, ch. 303, § 1.
This part shall be known and may be cited as the "County Officials Certificate Training Program Act."
Acts 1989, ch. 303, § 1.
Tenn. Code Ann. § 5-5-114 — TN Code / Title 5 / Chapter 5 / Section 5-5-114
Resolution or ordinance prohibiting or restricting display of flag prohibited - Resolution or ordinance regulating manner or placement of flag
Status: in_force

(a) Except as provided in subsection (b), a county legislative body shall not adopt or enforce a resolution or ordinance that prohibits or restricts, or has the effect of prohibiting or restricting, a property owner from displaying a flag of the United States of America, a flag of the state of Tennessee, the MIA/POW flag, or an official or replica flag of any branch of the United States armed forces on the property owner's property. (b) A county legislative body may adopt and enforce a resolution or ordinance that reasonably regulates the manner and placement of the display of a flag of the United States of America, a flag of the state of Tennessee, the MIA/POW flag, or an official or replica flag of any branch of the United States armed forces only when necessary to promote public health and safety. Added by 2018 Tenn. Acts, ch. 857, s 1, eff. 5/20/2018.
(a) Except as provided in subsection (b), a county legislative body shall not adopt or enforce a resolution or ordinance that prohibits or restricts, or has the effect of prohibiting or restricting, a property owner from displaying a flag of the United States of America, a flag of the state of Tennessee, the MIA/POW flag, or an official or replica flag of any branch of the United States armed forces on the property owner's property.
(b) A county legislative body may adopt and enforce a resolution or ordinance that reasonably regulates the manner and placement of the display of a flag of the United States of America, a flag of the state of Tennessee, the MIA/POW flag, or an official or replica flag of any branch of the United States armed forces only when necessary to promote public health and safety.
Added by 2018 Tenn. Acts, ch. 857, s 1, eff. 5/20/2018.