reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 11 - SPECIFIC SERVICE SIGNS (§§ 54-5-1101 — 54-5-1111) › Section 54-5-1107 - Outdoor advertising provisions unaffected

This part shall not in any manner affect the authorization or regulation of outdoor advertising as set forth in this code.
Acts 1988, ch. 696, § 9.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 11 - SPECIFIC SERVICE SIGNS (§§ 54-5-1101 — 54-5-1111) › Section 54-5-1108 - Rules and regulations

The commissioner shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the construction and administration of specific service signs.
Acts 1988, ch. 696, § 10.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 11 - SPECIFIC SERVICE SIGNS (§§ 54-5-1101 — 54-5-1111) › Section 54-5-1109 - Reserved

Repealed by 2013 Tenn. Acts, ch. 308, s 28, eff. 7/1/2013.
Acts 1988, ch. 696, § 14; 1990, ch. 721, §§ 1-3; 1993, ch. 94, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 11 - SPECIFIC SERVICE SIGNS (§§ 54-5-1101 — 54-5-1111) › Section 54-5-1110 - Businesses qualified prior to July 1, 2001 - Competitive selection process

(a)
Those food service businesses qualified under this program as of July 1, 2001, and that continue thereafter to be qualified and pay all fees required, shall not be replaced by any business that becomes qualified after July 1, 2001.
(b)
Notwithstanding subsection (a), if the department elects to award advertising space based on a competitive selection process, the food service businesses qualified under the program as of July 1, 2001, will need to compete in such a competitive selection process and may be replaced by any business that submits a more competitive proposal under such a process.
Amended by 2013 Tenn. Acts, ch. 471,s 4, eff. 5/20/2013.
Acts 2001, ch. 217, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 11 - SPECIFIC SERVICE SIGNS (§§ 54-5-1101 — 54-5-1111) › Section 54-5-1111 - "RV friendly" service signs for businesses that cater to recreational vehicles

(a)
Subject to the prior approval of the federal highway administration, the department is directed to incorporate the use of "RV friendly" markers on specific service signs for business establishments that cater to the needs of persons driving recreational vehicles. A business establishment that qualifies for participation in the specific service sign program and that also qualifies as RV friendly may request that an RV friendly marker be displayed immediately adjacent to the establishment's business logo sign on the appropriate background sign panel. For purposes of this section, the RV friendly marker to be displayed shall be a marker approved by the federal highway administration in the Manual on Uniform Traffic Control Devices.
(b)
In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and subject to the approval of the federal highway administration, the department shall promulgate rules and regulations that are necessary to implement this section, including the promulgation of rules and regulations setting forth the minimum requirements that business establishments must meet in order to qualify as RV friendly. The requirements shall include, but shall not be limited to, the availability at each qualifying business establishment of parking spaces, entrances, and exits in sufficient number and of sufficient size and dimensions to easily accommodate recreational vehicles, and the presence of appropriate overhang clearances at all facilities, if applicable.
(c)
For the purposes of assisting the federal highway administration in considering the approval of an RV friendly marker for incorporation into the Manual on Uniform Traffic Control Devices, the department is directed to submit a request to the federal highway administration for permission to experiment with the use of an RV friendly marker on specific service signs in accordance with this section.
Acts 2005, ch. 337, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 12 - BICENTENNIAL BEAUTIFICATION ACT OF 1993 (§§ 54-5-1201 — 54-5-1206) › Section 54-5-1201 - Short title

This part shall be known and may be cited as the "Bicentennial Beautification Act of 1993."
Acts 1993, ch. 455, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 12 - BICENTENNIAL BEAUTIFICATION ACT OF 1993 (§§ 54-5-1201 — 54-5-1206) › Section 54-5-1202 - Legislative intent

It is the intent of the general assembly to:
(1)
Develop a permanent roadside landscaping program within the department of transportation with emphasis on wildflower preservation and propagation;
(2)
Beautify the state's roadways and enhance the aesthetics of the state's highway system while reducing maintenance costs; and
(3)
Make the public more aware of the state's landscape diversity and improve environmental quality along the roadways.
Acts 1993, ch. 455, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 12 - BICENTENNIAL BEAUTIFICATION ACT OF 1993 (§§ 54-5-1201 — 54-5-1206) › Section 54-5-1203 - Wildflower program

(a)
The department of transportation shall continue the wildflower program.
(b)
(1)
The department shall plant in each of the four (4) regions of the state not less than twenty-four (24) acres of wildflowers along the highway system and at appropriate interchanges that are heavily traveled.
(2)
For the purposes of this part, unless the context otherwise requires, "wildflowers" means plants or grasses that are native to the southeastern United States, and Tennessee in particular, when available.
(c)
The department is encouraged to take measures to reduce mowing costs associated with this program. In rural areas beyond the immediate roadside identified as having existing high quality native wildflower habitats, mowing should be conducted only as necessary to encourage the full development of the wildflower habitats. The department of environment and conservation shall assist the department of transportation in identifying these sites.
(d)
For the benefit of the traveling public and mowing crews, the areas shall carry appropriate notations stating that the wildflowers are present.
Acts 1993, ch. 455, § 3; 1995, ch. 413, §§ 1-4.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 12 - BICENTENNIAL BEAUTIFICATION ACT OF 1993 (§§ 54-5-1201 — 54-5-1206) › Section 54-5-1204 - Participation by community groups

(a)
It is the intent of the general assembly to encourage business groups, civic organizations, garden clubs, and individuals to assist, on a volunteer basis, in planting and maintaining Tennessee native wildflowers, other native plants, and other plants along the highway system and at appropriate interchanges that are heavily traveled.
(b)
The commissioner of transportation may enter into formal agreements with business groups, civic organizations, garden clubs, and individuals for volunteer services to assist, on a volunteer basis, in planting and maintaining Tennessee native wildflowers, other native plants, and other plants along the highway system in accordance with plans devised by the commissioner after consultation with the volunteers.
(c)
The commissioner may direct that appropriate signs be erected to recognize and express appreciation to a provider of volunteer services.
Acts 1993, ch. 455, § 4.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 12 - BICENTENNIAL BEAUTIFICATION ACT OF 1993 (§§ 54-5-1201 — 54-5-1206) › Section 54-5-1205 - Rules and regulations

The department is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this part.
Acts 1993, ch. 455, § 5.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 12 - BICENTENNIAL BEAUTIFICATION ACT OF 1993 (§§ 54-5-1201 — 54-5-1206) › Section 54-5-1206 - Acreage in addition to acres already planted and cultivated

The acres that are planted pursuant to this part shall be in addition to acres already planted and under cultivation. The acres planted as of July 1, 1993, shall be maintained and continued and shall be included in the required report.
Acts 1993, ch. 455, § 6.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 13 - TOURIST ORIENTED DIRECTIONAL SIGNS (§§ 54-5-1301 — 54-5-1306) › Section 54-5-1301 - Establishment of program - Contracts

(a)
(1)
The department of transportation is authorized to conduct a tourist oriented directional signs program, referred to as TODS, within the right-of-way of state highways by either the entry into administrative service and construction contracts or by the administration of the program with department personnel, at the option of the department.
(2)
Contracts for administrative and construction services shall be subject to [former] §§
12-4-109
- 12-4-111 [See the Compiler's Notes]. Contracts for administrative or construction services shall include provisions requiring appropriate corporate surety performance bond, security or cash. Contracts for the services shall be awarded based on an objective, competitive bid basis to the lowest responsible bidder.
(3)
Should the commissioner determine that it is in the best interest of the state for the department to conduct the program set forth in this part through the award of an administrative service or construction contract or contracts, the scope of the services provided by the contracts shall be at the discretion of the commissioner.
(b)
TODS shall be available to lawful cultural, historical, recreational, agricultural, educational, or entertaining activities, state and national parks, and commercial activities that are unique and local in nature, and the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity.
(c)
Notwithstanding this chapter or any other law to the contrary, the department shall have sole and exclusive jurisdiction over the design, erection, installation, and maintenance of tourist oriented directional signs ("TODS signs") located within the right-of-way of any highway designated as part of the state highway system, including TODS signs within the corporate limits of municipalities.
(d)
As used in this part, "tourist oriented directional signs" or "TODS signs" refer only to the specific category of guide signs authorized in the Manual on Uniform Traffic Control Devices for use on rural conventional roads to display business identification and directional information for eligible tourist-oriented facilities. TODS signs do not include specific service signs as authorized in part 11 of this chapter, community wayfinding signs, or other types of guide signs authorized in the Manual on Uniform Traffic Control Devices.
Amended by 2016 Tenn. Acts, ch. 892, s 1, eff. 4/27/2016.
Acts 1993, ch. 505, § 2; 1995, ch. 518, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 13 - TOURIST ORIENTED DIRECTIONAL SIGNS (§§ 54-5-1301 — 54-5-1306) › Section 54-5-1302 - Compliance with other requirements

(a)
In all respects, the erection of TODS shall comply with:
(1)
The Manual on Uniform Traffic Control Devices;
(2)
Local zoning and local zoning authorities; and
(3)
All laws and regulations for scenic highways, in accordance with chapter 17, part 1 of this title, and scenic parkways, chapter 17, part 2 of this title.
(b)
Any TODS sign that was, or is, erected or installed within the right-of-way of any state highway by any local government or any entity other than the department or a contractor acting for the department is hereby declared illegal, and the sign shall be removed by the local government or entity that erected or installed it; provided, however, that the cost of removal may be recovered from the facility or facilities advertised on the sign. If the local government or entity fails or refuses to remove the sign within one hundred eighty (180) days after ordered by the department, the department shall remove the sign and may recover the cost of removal from the local government that constructed the sign. This subsection (b) shall not apply to any TODS sign erected or installed prior to April 27, 2016, within any county having a population of not less than eighty-nine thousand eight hundred (89,800) nor more than eighty-nine thousand nine hundred (89,900), according to the 2010 federal census or any subsequent federal census.
Amended by 2017 Tenn. Acts, ch. 23,s 1, eff. 3/29/2017.
Amended by 2016 Tenn. Acts, ch. 892,s 2, eff. 4/27/2016.
Acts 1993, ch. 505, § 4; T.C.A., §
54-5-1303
; Acts 1995, ch. 518, § 3.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 13 - TOURIST ORIENTED DIRECTIONAL SIGNS (§§ 54-5-1301 — 54-5-1306) › Section 54-5-1303 - Rules

The department of transportation shall promulgate necessary rules to accomplish the effect and intent of this part. The rules shall define eligible users of TODS; establish an application process for obtaining a TODS sign; provide for the department to charge fees to cover the cost of signing and administration of the TODS program; and address other topics suggested in the Manual on Uniform Traffic Control Devices.
Amended by 2016 Tenn. Acts, ch. 892, s 3, eff. 4/27/2016.
Acts 1993, ch. 505, § 3; T.C.A. §
54-5-1302
; Acts 1995, ch. 518, § 4.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 13 - TOURIST ORIENTED DIRECTIONAL SIGNS (§§ 54-5-1301 — 54-5-1306) › Section 54-5-1304 - Competitive bidding

With respect to a TODS sign, the department shall not enter into a contract for the procurement of signs or other goods or for contracts for services unless the contract is objectively and competitively bid, pursuant to former §
12-3-102(a)(8)
. The department shall not use the request for proposals (RFP) procedure in the contracting process. The signs shall be subject to the requirements of part 11 of this chapter.
Acts 1995, ch. 518, § 5.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 13 - TOURIST ORIENTED DIRECTIONAL SIGNS (§§ 54-5-1301 — 54-5-1306) › Section 54-5-1305 - Maintenance of inventory of signs

The department of transportation shall develop and maintain an inventory of TODS signs located within state highway rights-of-way, including signs erected by the department or any other person or entity, and indicating whether the signs are located within, or outside, the corporate limits of a municipality. The initial inventory shall be completed by no later than July 1, 2018.
Acts 2015, ch. 892, § 4.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 13 - TOURIST ORIENTED DIRECTIONAL SIGNS (§§ 54-5-1301 — 54-5-1306) › Section 54-5-1306 - Competing applications for inclusion - Selection criteria - Renewal

(a)
Notwithstanding any law, rule or regulation to the contrary, when there are two (2) or more competing applications for inclusion on a particular TODS sign assembly the department shall award installation on the TODS sign assembly to the business from which the department first received a qualified application for the installation.
(b)
If the department receives on the same day two (2) or more competing applications for a particular TODS sign, assembly and the competing applications qualify for participation in the TODS program, the department shall award installation on the TODS sign assembly to the business with the greatest eligibility distance.
(c)
Once the TODS sign of a business has been installed on a particular TODS sign assembly, the business shall have the right to renew the TODS sign, notwithstanding the application and qualification of a business with a greater eligibility distance. This subsection (c) shall not apply if the business fails to comply with all applicable rules and regulations or fails to pay any applicable fees.
(d)
No business shall be eligible to have a TODS sign on a particular TODS sign assembly if the business is greater than ten (10) miles from the TODS sign assembly. The mileage from the TODS sign to the business shall be placed on the TODS sign, unless two (2) or more businesses that offer similar activities, features or opportunities have a single sign on the TODS sign assembly.
Acts 1997, ch. 156, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 14 - ROAD PLANNING (§§ 54-5-1401 — 54-5-1402) › Section 54-5-1401 - Quarterly Status Report

The commissioner of transportation shall report quarterly to the state building commission on the status of road projects as approved by the general assembly as part of the department of transportation's budget or otherwise. The status report shall include a current list of projects being planned, projects under construction, and anticipated starting dates for projects not yet underway. In addition, the commissioner shall report other information that may be requested from time to time by the commission.
Acts 1999, ch. 288, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 5 - STATE HIGHWAYS (§§ 54-5-101 — 54-5-1402) › Part 14 - ROAD PLANNING (§§ 54-5-1401 — 54-5-1402) › Section 54-5-1402 - Right - of - way acquisitions requiring special approval

Notwithstanding any other law to the contrary, proposed payment shall be approved by the commissioner of finance and administration and the comptroller of the treasury:
(1)
If the property is proposed for acquisition for right-of-way under the authority of this chapter;
(2)
If:
(A)
The appraised value of a parcel of land along the right-of-way exceeds one hundred thousand dollars ($100,000); or
(B)
The appraised value of all parcels of land owned by any one (1) person, family or entity along the right-of-way exceeds one hundred thousand dollars ($100,000); and
(3)
If the department proposes to pay more than ten percent (10%) above the current appraised value.
Acts 1999, ch. 288, § 3.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-101 - Short title

This chapter shall be known and may be cited as the "Public-Private Transportation Act of 2016".
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-103 - Public need for transportation facilities - Investment and transportation financing - Liberal construction

(a)
The general assembly finds that:
(1)
There is a public need for timely development, redevelopment, and operation of transportation facilities within this state;
(2)
Such public need may not be wholly satisfied by existing ways in which transportation facilities are developed, redeveloped, or operated; and
(3)
Authorizing private entities to develop, redevelop, and operate one (1) or more transportation facilities may result in the development, redevelopment, and operation of transportation facilities in a more timely or less costly fashion, which serves the public safety and welfare.
(b)
An action, other than the approval of the responsible public entity under §
54-6-105
, shall serve the public purpose of this chapter if the action facilitates the timely development, redevelopment, or operation of a qualifying transportation facility or the continued development, redevelopment, or operation of a qualifying transportation facility.
(c)
Investment in this state by private entities that facilitates the development, redevelopment, and operation of transportation facilities is encouraged. Transportation financing shall be expanded and accelerated to improve and add to the convenience of the public, in such a manner that public and private entities shall have the greatest possible flexibility in contracting with each other for the provision of the public services that are the subject of this chapter.
(d)
This chapter shall be liberally construed in conformity with the purposes of this chapter.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-104 - Selection of private entity

The requirements for purchasing of, and contracting for, goods and services by a public entity as provided in title 6 and title 12, chapter 3 shall not apply to this chapter; provided, that the responsible public entity shall objectively and competitively select a private entity with which to enter into a public-private initiative in accordance with the guidelines adopted by the responsible public entity and as provided in §
54-6-106
for solicited and unsolicited proposals.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-107 - Confidentiality of proposals - Proprietary information

(a)
All solicited and unsolicited proposals received by the responsible public entity pursuant to §
54-6-106
, and any documents used by the responsible public entity to evaluate and accept or reject the proposals, shall remain confidential and not subject to disclosure to any proposer, affected jurisdiction, or to the public under §
10-7-503
or other law until after the responsible public entity selects a proposal to enter into a public-private initiative; except, that, at all times under this chapter, proprietary information and all solicited and unsolicited proposals that are withdrawn by a private entity shall remain confidential and not subject to disclosure to any proposer, affected jurisdiction, or to the public pursuant to this subsection (a), §
10-7-503
, or any other law.
(b)
(1)
A private entity may request a review, prior to submission of a solicited or unsolicited proposal, by the responsible public entity of information that the private entity has identified as proprietary.
(2)
A private entity may identify proprietary information submitted as part of a solicited or unsolicited proposal. A private entity shall have an opportunity to object to the release of any information it identifies as proprietary.
(3)
The responsible public entity shall review any information identified as proprietary by a private entity as part of a solicited or unsolicited proposal and shall determine if such information is confidential under subsection (a).
(4)
The responsible public entity shall inform the private entity that submitted the information of its determination of whether information identified by the private entity as proprietary is confidential under subsection (a).
(5)
The private entity shall have the opportunity to object to the determination that the information is subject to disclosure or to amend or withdraw its proposal.
(6)
Any information determined by the responsible public entity to be proprietary shall be exempt from disclosure under §
10-7-503
.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-108 - Comprehensive agreement

(a)
After selecting an eligible private entity with which to enter a public-private initiative for a transportation facility pursuant to §
54-6-106
, the responsible public entity may enter into the comprehensive agreement with the eligible private entity.
(b)
In connection with entering into the comprehensive agreement, the responsible public entity shall establish a date for the beginning of development, redevelopment, or operation of the qualifying transportation facility. The responsible public entity may extend the date from time to time.
(c)
If a comprehensive agreement is entered into pursuant to this section, the private entity shall furnish reasonably adequate service and facilities to, and may charge reasonable user fees to, any persons desiring to use the transportation facilities; provided, that the user fees shall be charged uniformly for the use of the transportation facilities by persons using the facilities under like conditions and shall comply with applicable federal law.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-109 - Interim agreement

(a)
Prior to or in connection with the negotiation of the comprehensive agreement, the responsible public entity may enter into an interim agreement with the private entity proposing the development, redevelopment, or operation of the qualified transportation facility or facilities. The interim agreement may:
(1)
Permit the private entity to commence activities for which it may be compensated relating to the proposed qualifying transportation facility, including project planning and development, advance right-of-way acquisition, design and engineering, environmental analysis and mitigation, survey, conducting transportation and revenue studies, and ascertaining the availability of financing for the proposed facility or facilities;
(2)
Establish the process and timing of the negotiation of the comprehensive agreement; and
(3)
Contain any other provisions related to any aspect of the development, redevelopment, or operation of a qualifying transportation facility that the parties may deem appropriate.
(b)
Notwithstanding anything to the contrary in this chapter, a responsible public entity may enter into an interim agreement with multiple private entities if the responsible public entity determines in writing that it serves the public purpose of this chapter to do so.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-111 - Contract for development, redevelopment, or operation of transportation facility

In addition to any authority otherwise conferred by law, any public entity may contract with an eligible private entity for the development, redevelopment, or operation of a qualifying transportation facility in exchange for availability payments and other consideration as such public entity may deem appropriate.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-112 - Dedication of property

Any public entity may dedicate any property in which it has an interest for public use as a qualified transportation facility if it finds that the dedication would serve the public purpose of this chapter. In connection with the dedication, the public entity may convey any interest that it has in the property, subject to the conditions imposed by general law, to the private entity, subject to this chapter, for such consideration as such public entity may determine. Such consideration may include the agreement of the private entity to develop, redevelop, or operate the qualifying transportation facility.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-114 - Federal, state, or local assistance-Grants, milestone payments, or loans

(a)
The responsible public entity may take any action to obtain federal, state, or local assistance for a qualifying transportation facility that serves the public purpose of this chapter and may enter into any contracts required to receive such federal, state, or local assistance; provided, that any federal funds available to or received by the state and other state funds for the purposes of this chapter shall be subject to appropriation by the general assembly in accordance with §
54-6-113(a)
. The responsible public entity may determine that it serves the public purpose of this chapter for all or any portion of the costs of a qualifying transportation facility to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government.
(b)
The responsible public entity may agree to make grants, milestone payments, or loans for the development, redevelopment, or operation of the qualifying transportation facility from amounts received from the federal government or other public entity. Prior to adoption by the responsible public entity of any action authorizing such grants, milestone payments, or loans, the public entity shall submit a plan of financing to the comptroller of the treasury or the comptroller's designee for approval. The comptroller of the treasury or the comptroller's designee may request any additional information as may be required to properly review the proposed plan of financing. The comptroller of the treasury or the comptroller's designee shall evaluate each plan of financing based on the plan's particular circumstances and shall approve the plan only if a determination is made that the repayment structure is in the public's interest.
Added by 2016 Tenn. Acts, ch. 975, s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-116 - Power of condemnation by eminent domain

(a)
At the request of the eligible private entity, the responsible public entity may exercise any power of condemnation by eminent domain that it has under law for the purpose of acquiring any lands or estates or interests therein to the extent that the responsible public entity finds that such action serves the public purpose of this chapter. Any amounts to be paid in any such condemnation proceeding may be paid by the eligible private entity.
(b)
Except as provided in subsection (a), until a comprehensive agreement has been terminated, the power of condemnation may not be exercised against a qualifying transportation facility.
(c)
After the comprehensive agreement has been terminated, any responsible public entity having the power of condemnation under law may exercise such power of condemnation as provided by law.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-117 - Crossing or relocation of facilities

The eligible private entity and each public utility or other entity whose facilities are to be crossed or affected shall cooperate fully with the other in planning and arranging the manner of the crossing or relocation of the facilities. Any such entity possessing the power of condemnation is expressly granted such powers in connection with the moving or relocation of facilities to be crossed by the qualifying transportation facility or that must be relocated to the extent that such moving or relocation is made necessary or desirable by development, redevelopment, or operation of the qualifying transportation facility, which shall be construed to include development, redevelopment, or operation of temporary facilities for the purpose of providing service during the period of development, redevelopment, or operation. Should the eligible private entity and any such public utility or other entity not be able to agree upon a plan for the crossing or relocation, the responsible public entity may determine the manner in which the crossing or relocation is to be accomplished and any damages due arising out of the crossing or relocation. The responsible public entity may employ expert engineers who shall examine the location and plans for such crossing or relocation, hear any objections and consider modifications, and make a recommendation to the responsible public entity. In such a case, the cost of the experts is to be borne by the eligible private entity.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-118 - Powers and jurisdiction of law enforcement officers - Access to transportation facility

All law enforcement officers of the state and of each affected jurisdiction, shall have the same powers and jurisdiction within the limits of the qualifying transportation facility as are authorized in such respective areas of jurisdiction and such law enforcement officers shall have access to the qualifying transportation facility at any time for the purpose of exercising such powers and jurisdiction. This authority does not extend to the private offices, buildings, garages, and other improvements of the eligible private entity to any greater degree than the police power extends to any other private buildings and improvements.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-119 - Termination dates of original permanent financing and comprehensive agreement

The responsible public entity shall determine the date of termination of the original permanent financing and the comprehensive agreement. The responsible public entity may change or extend the termination dates to take into account any refinancing of the original permanent financing, including any refinancing for the purpose of expansion, or any early termination of the original permanent financing to the extent that such modification serves the public purpose of this chapter. Upon the termination of the comprehensive agreement, the authority and duties of the eligible private entity under this chapter shall cease, and the qualifying transportation facility shall be dedicated to the responsible public entity or, if the qualifying transportation facility was initially dedicated by an affected jurisdiction, to such affected jurisdiction for public use. Upon termination of the financing or comprehensive agreement, the responsible public entity may select another private entity pursuant to this chapter to provide the financing or complete the development, redevelopment, or operation of the qualifying transportation facility.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-120 - Sovereign immunity not waived

Nothing in this chapter constitutes a waiver of the sovereign immunity of the state or any other public entity with respect to the participation in, or approval of all or any part of the qualifying transportation facility or its operation, including interconnection of the qualifying transportation facility with any other transportation facility.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 6 - PUBLIC-PRIVATE TRANSPORTATION (§§ 54-6-101 — 54-6-121) › Section 54-6-121 - Effect on other laws

(a)
Nothing in this chapter amends or repeals in any manner this title or other provisions of law relating to the development, redevelopment, or operation of transportation facilities, or title 6 or title 12, chapter 3, or other provisions of law relating to procurement of goods and services by the state or other public entity.
(b)
This chapter supplements title 6 and title 12, chapter 3, and this title, to provide additional authority to procure and undertake the development, redevelopment, or operation of transportation facilities.
(c)
Except as provided in §
54-6-113(a)
, nothing in title 6 or title 12, chapter 3, or this title, shall apply to the development, redevelopment, or operation of qualifying transportation facilities undertaken pursuant to the authority of this chapter.
Added by 2016 Tenn. Acts, ch. 975,s 1, eff. 10/1/2016.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 1 - GENERAL PROVISIONS (§§ 54-7-101 — 54-7-116) › Section 54-7-101 - Short title

This chapter shall be known and may be cited as the "Tennessee County Uniform Highway Law."
Acts 1974, ch. 738, § 1; modified; T.C.A., § 54-1001.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 1 - GENERAL PROVISIONS (§§ 54-7-101 — 54-7-116) › Section 54-7-102 - Applicability of chapter

This chapter applies to all counties of the state, except for those excluded by chapter 801 of the Public Acts of 1976, and counties with a charter or a metropolitan form of government, unless the charter of such county provides for the application of this chapter.
Acts 1974, ch. 738, §§ 17-19; 1976, ch. 513, § 1; 1976, ch. 556, § 1; 1976, ch. 801, § 1; 1977, ch. 193, § 1; 1979, ch. 234, § 1; T.C.A., § 54-1002; Acts 1980, ch. 548, § 1; 1980, ch. 881, § 1; 1981, ch. 180, § 2; 1982, ch. 954, § 1; 1991, ch. 293, § 1; 2012 , ch. 689, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 1 - GENERAL PROVISIONS (§§ 54-7-101 — 54-7-116) › Section 54-7-103 - "Chief administrative officer" defined

For purposes of this chapter, "chief administrative officer" is defined as a county road superintendent, county road supervisor, director of public works, county engineer, or similar county highway official either elected or appointed pursuant to any general or private act of this state.
Acts 1974, ch. 738, § 2; T.C.A., § 54-1003.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 1 - GENERAL PROVISIONS (§§ 54-7-101 — 54-7-116) › Section 54-7-105 - Term of office

Elected or appointed chief administrative officers shall serve a term of four (4) years. Elected chief administrative officers shall take office on September 1, following their election.
Acts 1974, ch. 738, § 4; 1978, ch. 721, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 54-1005; Acts 1980, ch. 548, § 2; 1980, ch. 637, § 1; 1980, ch. 669, §§ 1, 2; 2012, ch. 689, § 3.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 1 - GENERAL PROVISIONS (§§ 54-7-101 — 54-7-116) › Section 54-7-106 - Salary of chief administrative officer

(a)
In the event two (2) or more chief administrative officers are duly elected or appointed with equal duties, the compensation provided in this section shall be divided equally between them.
(b)
The county legislative body of each county may at any time increase or decrease the salary of the chief administrative officer of the county highway department so long as the salary is maintained as specified in §
8-24-102
.
Acts 1974, ch. 738, § 5; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 54-1006; Acts 1982, ch. 838, § 1; 1989, ch. 492, §§ 1-4; 1990, ch. 840, § 1; 1996, ch. 936, § 3.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 1 - GENERAL PROVISIONS (§§ 54-7-101 — 54-7-116) › Section 54-7-107 - Vacancies in office of chief administrative officer

(a)
If a vacancy occurs in the office of the chief administrative officer, a qualified successor shall be chosen in the manner specified by law.
(b)
If the vacancy occurs as a result of death, resignation or removal of the chief administrative officer, then during the period of time from when the vacancy arises until the time that a qualified successor is chosen, the duties of the chief administrative officer shall be performed by the assistant superintendent of highways, chief foreman, administrative assistant or other highest ranking member of the office of the chief administrative officer, who shall be designated as an interim successor by the chief administrative officer of the county highway department. The chief administrative officer shall designate the interim successor, in writing, by either name or title or position held. The interim successor shall fulfill all duties of the office of chief administrative officer as prescribed by law.
(c)
If the county in which the chief administrative officer serves is a county that has an elected highway commission, then the chief administrative officer shall file the written interim successor designation with the chair of the county highway commission and with the county clerk. If the county in which the chief administrative officer serves is a county that does not have an elected highway commission, then the chief administrative officer shall file the written interim successor designation with the chair of the county legislative body and with the county clerk.
Acts 1974, ch. 738, § 6; T.C.A., § 54-1007; Acts 2008, ch. 644, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 1 - GENERAL PROVISIONS (§§ 54-7-101 — 54-7-116) › Section 54-7-108 - Oath of office - Bond required

Before entering into the duties of the office, the chief administrative officer shall take an oath to support the constitutions of this state and of the United States, and an oath of office. The chief administrative officer shall execute an official bond in an amount of one hundred thousand dollars ($100,000) or such greater amount as the county legislative body by resolution may determine. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
Amended by 2023 Tenn. Acts, ch. 207,s 17, eff. 7/1/2023.
Acts 1974, ch. 738, § 7; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 54-1008.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 1 - GENERAL PROVISIONS (§§ 54-7-101 — 54-7-116) › Section 54-7-109 - Duties of chief administrative officer

(a)
The chief administrative officer shall be the head of the highway department and shall have general control over the location, relocation, construction, reconstruction, repair and maintenance of the county road systems of the county, including roads designated as county roads under §
13-3-406
and including bridges and ferries, but not including roads and bridges under the supervision of the department of transportation or a municipality.
(b)
It is the duty of the chief administrative officer to employ qualified administrative personnel as required to handle all administrative functions, including maintenance of financial records, inventory of equipment, supplies, and materials, preservation of maintenance records, maintenance of the official county road list, and all other functions necessary for the operation of the highway department.
(c)
The chief administrative officer is authorized to determine the total number of employees of the highway department, to determine personnel policies, hours of work, to establish job classifications, and to establish policies and wages within the classifications. The compensation established by the chief administrative officer should be in keeping with the compensation paid for similar services in the county and surrounding area.
Acts 1974, ch. 738, § 8; 1977, ch. 369, §§ 1, 2; modified; T.C.A., § 54-1009; Acts 1981, ch. 180, §§ 1, 3; impl. am. Acts 1981, ch. 264, § 12; Acts 2012, ch. 689, § 4.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 1 - GENERAL PROVISIONS (§§ 54-7-101 — 54-7-116) › Section 54-7-110 - Employment of legal counsel

The chief administrative officer shall be empowered to employ legal counsel or to solicit the use of legal counsel retained by the county to prosecute or defend litigation caused by or necessary to the operation of the county highway department.
Acts 1974, ch. 738, § 9; T.C.A., § 54-1010; Acts 2012 , ch. 689, § 5.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 1 - GENERAL PROVISIONS (§§ 54-7-101 — 54-7-116) › Section 54-7-111 - Annual work program - Priorities for proposed work

(a)
The chief administrative officer shall prepare and submit to the county legislative body and to the department of transportation an annual work program to be financed under the state-aid highway system program.
(b)
The priorities for proposed work contained in the annual work program shall be established, taking into consideration the degree of deficiencies in the structural condition, capacity and safety of existing roadway, traffic volume and desirable level of service necessary for schools, religious institutions, industry, recreational facilities and other major uses.
Acts 1974, ch. 738, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 54-1011; Acts 1980, ch. 530, § 1; 1983, ch. 320, § 4; 2012, ch. 689, § 6.