2023 Tennessee Code › Title 4 - STATE GOVERNMENT (§§ 4-1-101 — 4-58-110) › Chapter 3 - CREATION, ORGANIZATION AND POWERS OF ADMINISTRATIVE DEPARTMENTS AND DIVISIONS (§§ 4-3-101 — 4-3-5525) › Part 23 - DEPARTMENT OF TRANSPORTATION (§§ 4-3-NEW — 4-3-2314) › Section 4-3-2303 - Powers and duties of commissioner

The commissioner has the power and duty to:
(1)
Retain, employ and contract for the services of private and public consultants, research and technical personnel and procure by contract, consulting, research, technical and other services and facilities, whenever considered by the commissioner necessary or desirable in the performance of the functions of the department and whenever funds shall be available for those purposes;
(2)
Establish and promulgate such rules and regulations governing the administration and operation of the department as may be deemed necessary by the commissioner and that are not inconsistent with the laws of this state;
(3)
Maintain such facilities throughout the state as may be required for the effective and efficient operation of the department;
(4)
Apply for and accept on behalf of the state any grant from the federal government to be used for any of the purposes of the department, and to comply with any conditions and limitations annexed;
(5)
Supervise, direct and account for the administration and operation of the department and its employees;
(6)
Organize the department into such units as the commissioner deems necessary to carry out the duties and functions imposed on the commissioner and the department. Any reorganization or creation or elimination of any units after July 1, 2003, shall be jointly reviewed by the officers of the house of representatives and senate finance, ways and means committees and the officers of the transportation committee of the house of representatives and the transportation and safety committee of the senate, it being the intent of the general assembly to recognize the organization of the department as of July 1, 2003, as the legal organization of the department;
(7)
Appoint such personnel as may be necessary for the administration and operation of the department, within reasonable budgetary limitations;
(8)
Delegate any of the commissioner's powers, duties or functions to a departmental employee of the commissioner's choosing, except the commissioner's power to remove employees of the department or to fix their compensation;
(9)
Undertake programs of transportation related to investigation, research and operation of safe, adequate and efficient transportation modes, including, but not limited to, aeronautics, waterways, rails, highways and mass transit;
(10)
Provide technical assistance and financial assistance, as it may become available, to other public agencies;
(11)
Develop and implement a continuing, comprehensive, and multimodal statewide transportation planning process that is consistent with the transportation planning requirements of the United States department of transportation and includes the development and periodic updating of a long-range statewide transportation plan, including: consideration and provision, as applicable, of elements and connections of and between highway, rail, mass transit, waterway, aviation, pedestrian and bicycle facilities; consideration of operations and maintenance of those facilities; and a review of projected costs and anticipated revenues;
(12)
Plan, propose and coordinate transportation related policies, activities and programs among state departments and agencies and within the state;
(13)
Prepare and report annually to the general assembly an updated multimodal transportation improvement program for the state, which shall be based on the long-range statewide transportation plan and shall provide the basis for annual funding recommendations by the commissioner and for annual expenditures by the department;
(14)
Administer a statewide rideshare/car pooling program, including the establishment of appropriate rideshare parking locations on the perimeter of major urban areas or other areas needing such facilities, as determined by the commissioner;
(15)
Document and evaluate the cost-effectiveness of contracting maintenance work with private vendors;
(16)
Develop a plan to establish and maintain long-term, cost-effective highway condition ratings;
(17)
Develop, document and demonstrate to the general assembly a system of accountability over transportation field units;
(18)
Exercise all duties, responsibilities and powers granted the department in title 65, chapters 3, 11, and 12, and establish and promulgate rules and regulations necessary for the administration and enforcement of title 65, chapters 3, 11, and 12; and
(19)
Solely at the commissioner's discretion, upon awarding federal transportation enhancement grant funds to be used for the acquisition, preservation or protection of civil war battlefield sites or related properties or easements, the commissioner may contract directly with any established and nationally recognized nonprofit organization dedicated to the preservation of civil war battlefields; provided, that the commissioner finds that the organization complies with federal eligibility requirements for grantees of such enhancement grant funds.
Amended by 2013 Tenn. Acts, ch. 236,s 89, eff. 4/19/2013.
Acts 1972, ch. 829, § 5; 1973, ch. 140, § 3; T.C.A., § 4-309; Acts 1981, ch. 264, § 24; 1983, ch. 429, § 10; 1986, ch. 541, § 1; 1987, ch. 76, §§ 3, 4; 1995, ch. 305, § 63; 2003, ch. 213, § 2; 2007, ch. 41, §§ 1, 2; 2010, ch. 960, § 1.