flag of tennessee2024 Tennessee Code Unannotated

Title 1 Code And Statutes

Chapter 1 Code Commission
§ 1-1-101. Composition of commission — Vacancies.
  1. (a) There is created a Tennessee code commission of five (5) members composed of the chief justice of the supreme court, the attorney general and reporter, a director of the office of legal services for the general assembly, and two (2) other members appointed by the chief justice.
  2. (b) In the event of a vacancy for any cause in the appointed membership, the vacancy shall be filled by appointment by the chief justice.
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§ 1-1-102. Chair — Executive secretary.
  1. (a) The chief justice shall serve as chair of the commission.
  2. (b) The revisor of statutes within the office of legal services for the general assembly shall serve as executive secretary of the commission.
§ 1-1-103. Staff services for commission.
  1. The office of legal services for the general assembly shall provide all staff services for the commission.
§ 1-1-104. Successor to 1953 commission.
  1. The Tennessee code commission, created by § 1-1-101, shall be the immediate successor to the commission created by Chapter 80 of the Public Acts of 1953.
§ 1-1-105. Publication of Tennessee Code Annotated.
  1. (a) The Tennessee code commission is hereby authorized and directed to formulate and supervise the execution of plans for the compilation, arrangement, classification, annotation, editing, indexing, printing, binding, publication, sale, distribution and the performance of all other acts necessary for the publication of an official compilation of the statutes, codes and session laws of the state of Tennessee of a public and general nature, now existing and to be enacted in the future, including an electronically searchable database of such code, which official compilation shall be known as “Tennessee Code Annotated.”
  2. (b) “Publication,” as used in this chapter, includes the necessary actions by whatever means and in whatever form for development of a Tennessee Code database.
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§ 1-1-106. Powers of commission — Contracts.
  1. (a) The Tennessee code commission has full power and authority on behalf of the state of Tennessee to perform all acts and to negotiate and enter into all contracts necessary for and expedient to the successful production and publication of a revised compilation of the statutory laws of Tennessee, including the power and authority to enter into contracts with a law book publisher for the editing, compiling, annotating, indexing, printing, binding, publication, sale and distribution of the revised compilation and the performance and execution of all other publication plans formulated by the commission.
  2. (b) Nothing in this chapter shall be construed to render invalid or impair the obligations of any contract previously entered into by the commission for the purposes set forth in this section or with a suitable contractor for an electronically searchable database of such code.
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§ 1-1-107. Specifications in contract — Price of supplements and replacement volumes.
  1. (a) Any contract with a law book publisher for the purposes referred to in §§ 1-1-105 and 1-1-106 shall prescribe the specifications for the publication of the revised compilation, including the size of type to be used in the text of the statutes and the annotations, the grade and weight of the paper to be used, the size of the volumes, appropriate provisions for the insertion of pocket supplements and the publication of replacement volumes, the price at which Tennessee Code Annotated shall be sold in Tennessee when originally published, and such other provisions as are necessary for the full performance of the publication plans formulated by the commission.
  2. (b) The price at which pocket supplements and replacement volumes are to be sold from time to time in Tennessee shall be controlled by the commission in such contracts as it may, from time to time, in its discretion execute.
§ 1-1-108. Substantive changes in text prohibited — Changes authorized — Effect of error in enrollment.
  1. (a) In preparing the manuscript of the revised compilation (including pocket supplements and replacement volumes) for publication and distribution, the commission shall not alter the sense, meaning or effect of any act of the general assembly, but shall copy the exact language of the text of the statutes, codes and session laws of a public and general nature of the state of Tennessee, except that the commission is authorized to rearrange, regroup and renumber the titles, chapters, sections and parts of sections of the statutes, codes and code supplements and to change reference numbers to agree with any renumbered chapter or section; to change the wording of and prepare new section headings and symbols; to substitute the proper section or chapter reference where the terms “this act” or “the preceding section” or similar expressions are used in the statutes; to correct manifest misspelling and typographical errors and to change capitalization and spelling for the purpose of uniformity; to change references to governmental agencies, departments and officers when part or all of the powers, rights and/or duties of such agencies, departments or officers have, by an act of the general assembly, been transferred to other agencies, departments or officers; to omit enacting clauses, repealing clauses, severability clauses, conditional clauses, preambles, captions and statements declaring legislative intent; and to make other stylistic, nonsubstantive changes if such changes are consistent with style guidelines that have been approved by the commission and submitted to the judiciary committee of the senate and the civil justice committee of the house of representatives. Where the application or effect of a statute, by its terms, depends on the time when the act creating the statute took effect, the commission may substitute the actual effective date for the various forms of expression which mean that date — such as “when this act (or chapter, or section) takes effect,” or “after (or before) the effective date of this act (or chapter, or section).” No such change shall be deemed an alteration of or departure from the enrolled statute.
  2. (b)
    1. (1) When the commission is advised by certificate of the secretary of state that a bill which is signed by the governor, or passed over the governor's veto, or otherwise becomes a public act, differs, by reason of an error in the enrolling process or otherwise from such bill as passed on third reading by both houses of the general assembly, the commission will not compile the public act for codification, but will have a compiler's note inserted in the manuscript of Tennessee Code Annotated, which compiler's note shall set forth the facts revealed by the certificate received from the secretary of state in reference to such error.
    2. (2) Nothing in this subsection (b) shall affect the powers granted the commission under subsection (a).
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§ 1-1-109. Seal and certificate.
  1. The commission has the authority to design and adopt an appropriate certificate and distinctive seal on behalf of the state, a copy of which shall be included in each copy of each volume and pocket supplement of “Tennessee Code Annotated.”
§ 1-1-110. Examination and certification of published volumes.
  1. (a) When the commission finds that the manuscript of the revised compilation hereby authorized or any volume or pocket supplement thereof as printed, edited, annotated, indexed and bound by the law book publisher pursuant to contract conforms to the commission's publication plans and meets and satisfies the requirements of this chapter and also the requirements of the publication contract entered into pursuant to the terms of this chapter, the commission shall prepare an appropriate written certificate of approval for each volume and pocket supplement, and the commission, acting through its executive secretary or other authorized officer, shall certify in writing that the commission has approved the manuscript of the compilation and that the text of each section of the statutes printed or appearing in such volume or pocket supplement has been compared with the original section appearing in the published copies of the public acts, and that, with the exception of changes in form permitted by § 1-1-108, the sections in the printed compilation are correctly and accurately copied.
  2. (b) One (1) copy of each edition of each volume and pocket supplement so approved, together with the original certificate of approval by the commission, shall be filed in the office of the secretary of state.
  3. (c) All other printed copies of each edition of each volume and pocket supplement shall contain a printed copy of the commission's certificate of approval.
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§ 1-1-111. Official status — Prima facie evidence of law — Citation.
  1. (a) Upon appropriate certification of approval by the commission filed with the secretary of state as provided in § 1-1-110, the compilation in each volume and supplement so certified shall be in force.
  2. (b) The text of the statutes, codes and code supplements (but not the annotations, footnotes and other editorial matter) appearing in the printed copies of the compilation, containing a copy of the commission's certificate of approval, shall constitute prima facie evidence of the statutory law of this state and be received, recognized, referred to and used in all courts, agencies, departments, offices of and proceedings in the state as the official compilation of the statutory law, and may be cited as Tennessee Code Annotated or by the abbreviation “T.C.A.”
§ 1-1-112. Uncertified compilations not recognized.
  1. No compilation or codification of the statutes of Tennessee not bearing a copy of the certificate of approval of the code commission as provided in § 1-1-110 shall be recognized as an official compilation of the statutory law of Tennessee.
§ 1-1-113. Expenses — Costs of publication — Price.
  1. (a) The commission shall be authorized to expend such funds as may be appropriated by the general assembly for the purpose of this chapter. Such expenditures shall be made upon certification by the chief justice to the proper fiscal officers.
  2. (b) The commission shall not be authorized to subsidize the publication of the code out of public funds, but shall require that the cost of publication be borne by the publisher, and the publisher shall be required to depend for compensation upon the proceeds of the sale of the publication.
  3. (c) In contracting for the price at which the Tennessee Code Annotated and its pocket supplements and replacement volumes shall be sold in Tennessee, the commission is directed to keep the price at the lowest figure which in its discretion is consistent with high editorial and publishing quality.
§ 1-1-114. Recommendations for statutory changes.
  1. The commission may prepare and submit to succeeding sessions of the general assembly its recommendations for the revision in substance and form or the repeal or amendment of certain statutes or any portion thereof, and submit bills for the accomplishment of such proposed revision, repeal or amendment.
§ 1-1-115. Preparation of additional indices.
  1. The commission may prepare or cause to be prepared indices to the laws of Tennessee, in addition to such indices as are prepared in accordance with § 1-1-105, and in preparing such indices has the powers authorized by this chapter.
§ 1-1-116. Changing references from “tax assessor” to “assessor of property.”
  1. The code commission is directed to change all references to tax assessor in title 6, chapter 22, part 1; § 6-51-204; title 6, chapter 55, part 6; title 7, chapter 32, part 1; § 7-64-102; § 25-3-118; § 43-34-104; title 67; and title 69, chapter 6, part 1, wherever such references appear, to assessor of property as such sections are amended or volumes are replaced.
Chapter 2 Enactment of Code
§ 1-2-101. Designation of code.
  1. (a) This compilation of the laws of the state is to be designated as the “Tennessee Code” and the annotated edition of the code provided for by chapter 1 of this title shall be designated as “Tennessee Code Annotated”. Citations to the Tennessee Code Annotated may incorporate the abbreviations “Tenn. Code Ann.” or “T.C.A.”
  2. (b) As used in acts and resolutions of the general assembly, “Tennessee Code”, “Tennessee Code Annotated”, “Tenn. Code Ann.” or “T.C.A.” shall, unless a contrary intention is manifest, be construed to refer to this enactment of the Tennessee Code, amendments and revisions of the Tennessee Code, and additions and supplements to the Tennessee Code.
§ 1-2-102. Preservation of enrolled draft.
  1. The enrolled draft of the official Tennessee Code shall, upon the approval of this statute by the governor, be deposited in the office of the secretary of state, and shall be carefully preserved by that officer as the official code of this state, adopted and declared to be such.
§ 1-2-103. Effective date of code.
  1. All the provisions of the following titles, chapters and sections shall be in force on and after January 1, 1956.
§ 1-2-104. Repeal of public and general laws — Conflict with 1955 Acts.
  1. (a) All public and general acts passed prior to the 1955 session of the general assembly, and all such acts the subjects of which are revised in this code, except those named in § 1-2-105, subject to the limitations and with the exceptions herein expressed, are repealed.
  2. (b) In case of any conflict between chapter 70 of the Public Acts of 1953 or the acts of the 1955 session of the general assembly and this code, the former shall be controlling, and this regardless of respective dates of passage or approval.
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§ 1-2-105. Laws not repealed.
  1. The following are not to be deemed repealed by the enactment of this code, or the failure to incorporate the statutes or provisions of statutes as a part of this code, unless repealed by necessary implication:
    1. (1) Local, special or private acts, or general or public acts of a temporary nature. “Local act” means one applicable to one (1) or more, but not all, subdivisions or parts of the state;
    2. (2) Provisions in general laws excepting particular localities or subdivisions from their operation;
    3. (3) Acts amendatory of general laws excepting such localities or political subdivisions of the state specifically from their operation;
    4. (4) Acts ceding territory and jurisdiction to the general government;
    5. (5) Acts fixing state or county boundaries;
    6. (6) Acts establishing or regulating special and local courts;
    7. (7) Acts fixing the times of holding courts, or providing for judges or chancellors holding any such, by special act;
    8. (8) Acts, which are not incorporated in this code, establishing, aiding or regulating state or state-aided parks, reservations or memorials;
    9. (9) Acts appropriating money or authorizing the issuance of bonds, or providing sinking funds, for special purposes;
    10. (10) Acts authorizing the construction of public buildings or works;
    11. (11) Acts authorizing officials to convey or mortgage property of the state, including grants of easements;
    12. (12) Curative or validating acts, or provisions in acts, though relating to a general law;
    13. (13) Acts of incorporation passed before the Constitution of 1870 became effective;
    14. (14) Acts incorporating grand lodges of fraternal orders, or societies, and creating or regulating charitable bodies, such as the Ladies' Hermitage Association;
    15. (15) Acts relating to turnpikes and turnpike corporations;
    16. (16) Provisions in general acts saving rights accrued or status fixed under previous acts or laws;
    17. (17) Occupant, entry and other land laws; and
    18. (18) Any act to provide for the revenue of the state and the counties and municipalities thereof, except as may be incorporated in this code.
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§ 1-2-106. Special provisions preserved.
  1. None of the provisions of §§ 4, 5, 6, 6a, 6b, or 16 of chapter 165 of the Public Acts of 1937, nor of the second paragraph of § 15 of that chapter, nor of chapter 11 of the Public Acts of the Second Extraordinary Session of 1931, nor of chapter 103 of the Public Acts of 1933, nor of §§ 1 to 18, inclusive, 20 to 33, inclusive, 35, or 37 to 41, inclusive, of chapter 70 of the Public Acts of 1953, nor of the first sentence of § 19 of that chapter, shall be deemed repealed by the enactment of this code, or the incorporation of or failure to incorporate these chapters or sections or any part thereof in this code, unless repealed by necessary implication.
§ 1-2-107. Effect on statutes of limitations.
  1. Such repeal, as to any statute of limitations, under which the bar of a right of action or remedy is complete at the time the repeal takes effect, shall not be deemed a removal of such bar.
§ 1-2-108. Effect on criminal offenses.
  1. No offense committed, and no penalty or forfeiture incurred, under any act hereby repealed, and before January 1, 1956, shall be affected by the repeal; except that when a punishment, penalty, or forfeiture is mitigated by the provisions herein contained, such provisions may be applied to the judgment pronounced after December 31, 1955.
§ 1-2-109. Prosecutions for offenses and penalties.
  1. No suit or prosecution, pending on January 1, 1956, for an offense committed, or for the recovery of a penalty or forfeiture incurred, shall be affected by the repeal, but the proceedings may be conformed to the provisions of this code as far as applicable.
§ 1-2-110. Continuation in effect of existing laws.
  1. The existing acts continue in force until January 1, 1956.
§ 1-2-111. Actions commenced — Rights accrued.
  1. No action or proceeding commenced before January 1, 1956, and no right accrued, is affected by this code, but such proceedings may be conformed to the requirements of the code as far as applicable.
§ 1-2-112. Litigation pending on effective date.
  1. Although a notice, recognizance, or process has been given, taken, or issued before January 1, 1956, it may, nevertheless, be taken or returnable to a day after such date, in like manner as if this code had been in effect before the notice, recognizance, or process was given, taken or issued. Nothing in this code shall operate to discontinue any cause or matter, civil or criminal, which shall be pending and undetermined in any court on December 31, 1955; but every such cause and matter shall be proceeded in, tried and determined in such court.
§ 1-2-113. Limitations applicable.
  1. Causes of action accruing before January 1, 1956, shall not be affected by any different limitations provided in the code, but shall be subject to existing limitations. If the limitation is uncertain, the longest time prescribed for the commencement of an action in any form for such cause shall be allowed.
§ 1-2-114. Reenactment of supplemental and replacement volume material into code.
  1. (a) Reenactment of the Acts of the 2023 Session of the General Assembly.
    1. (1) This compilation of laws together with the supplemental reenactments set out in subdivision (b)(1) shall be deemed amendatory.
    2. (2) This compilation shall be deemed a reenactment of the general acts of a permanent nature enacted at the 2023 regular session of the general assembly to the extent codified by the codification act. The sections so reenacted shall be construed as continuations of the previous laws so reenacted, and pending litigation, criminal prosecutions and statutes of limitations shall not be affected by such reenactments.
    3. (3) Each section of this reenactment bearing the same number as a section appearing in the Tennessee Code as enacted in 1955 or in supplemental reenactments of the code is deemed to be in substitution for such section. Statutory references in any title, chapter, or section of the Tennessee Code shall be deemed to be references to the applicable provisions of law, and any change or rearrangements in numbering, division, or placement of the actual title, chapter, or section referred to shall not affect the validity of such references. Where only a portion of a section appears in this reenactment, such portion is deemed to be either in substitution of the same portion appearing in the Tennessee Code or supplemental reenactment or an addition to such section. Where section numbers of the Tennessee Code or supplemental reenactments are followed by “Repealed” or “Superseded”, they are deemed repealed unless limiting or restricting language follows the word “Repealed” or “Superseded”, in which latter event such repeal or supersession shall be limited or restricted in accordance with such language. Where section numbers of the Tennessee Code or supplemental reenactments are followed by “Unconstitutional” or are noted as having been found unconstitutional, this is reflective of a definitive court decision on the constitutionality of that section. Clauses, preambles, captions, statements of legislative intent, severability or reverse-severability clauses omitted from codification pursuant to § 1-1-108, remain valid in construing legislative intent of the codified portions of the act notwithstanding that the omitted portions of the act were not codified.
    4. (4) All public acts of a general and permanent nature passed at the 2023 session of the general assembly, to the extent codified in the code, are repealed except those laws excepted by § 1-2-105 of the Tennessee Code.
    5. (5) The enrolled draft of this reenactment shall, upon approval of this statute by the governor, be deposited in the office of the secretary of state, and shall be carefully preserved by that officer as an official reenactment of supplemental material to the Tennessee Code.
    6. (6) All provisions of the Tennessee Code as enacted by chapter 6 of the Public Acts of 1955 and the supplemental reenactments set out in subdivision (b)(1) referring generally to such code, including the provisions of chapter 3 of this title, shall be likewise applicable to the sections of this reenactment and to prior supplemental reenactments.
    7. (7) In case of any conflict between the acts of the 2024 session of the general assembly, or any extraordinary session occurring after the 2023 regular session of the general assembly, and this reenactment, the former shall be controlling regardless of the respective dates of passage or approval.
    8. (8) All references and amendments in the acts of the 2024 session of the general assembly to code sections included in this reenactment shall be deemed to be references or amendments to provisions of law as stated in this reenactment.
  2. (b) Reenactment of the Acts of the 1955 Through 2023 Sessions of the General Assembly.
    1. (1)
      1. (A) The supplemental material enacted by chapter 1 of the Public Acts of 1959, chapter 1 of the Public Acts of 1961, chapter 1 of the Public Acts of 1963, chapter 1 of the Public Acts of 1965, chapter 1 of the Public Acts of 1967, chapter 1 of the Public Acts of 1969, chapter 354 of the Public Acts of 1970, chapter 1 of the Public Acts of 1971, chapter 441 of the Public Acts of 1972, chapter 1 of the Public Acts of 1973, chapter 414 of the Public Acts of 1974, chapter 1 of the Public Acts of 1975, chapter 382 of the Public Acts of 1976, chapter 1 of the Public Acts of 1977, chapter 496 of the Public Acts of 1978, chapters 1 and 145 of the Public Acts of 1979, chapter 444 of the Public Acts of 1980, chapter 1 of the Public Acts of 1981, chapter 543 of the Public Acts of 1982, chapter 1 of the Public Acts of 1983, chapter 483 of the Public Acts of 1984, chapter 2 of the Public Acts of 1985, chapters 523 and 786 of the Public Acts of 1986, chapter 4 of the Public Acts of 1987, chapter 458 of the Public Acts of 1988, chapter 5 of the Public Acts of 1989, chapter 668 of the Public Acts of 1990, chapter 28 of the Public Acts of 1991, chapter 528 of the Public Acts of 1992, chapter 1 of the Public Acts of 1993, chapter 543 of the Public Acts of 1994, chapter 1 of the Public Acts of 1995, chapter 554 of the Public Acts of 1996, chapter 1 of the Public Acts of 1997, chapter 574 of the Public Acts of 1998, chapter 235 of the Public Acts of 1999, chapter 574 of the Public Acts of 2000, chapter 52 of the Public Acts of 2001, chapter 491 of the Public Acts of 2002, chapter 1 of the Public Acts of 2003, chapter 437 of the Public Acts of 2004, chapter 1 of the Public Acts of 2005, chapter 507 of the Public Acts of 2006, chapter 1 of the Public Acts of 2007, chapter 607 of the Public Acts of 2008, chapter 2 of the Public Acts of 2009, chapter 624 of the Public Acts of 2010, chapter 41 of the Public Acts of 2011, chapter 582 of the Public Acts of 2012, chapter 1 of the Public Acts of 2013, chapter 530 of the Public Acts of 2014, chapter 27 of the Public Acts of 2015, chapter 569 of the Public Acts of 2016, chapter 30 of the Public Acts of 2017, chapter 536 of the Public Acts of 2018, chapter 1 of the Public Acts of 2019, chapter 518 of the Public Acts of 2020, chapter 33 of the Public Acts of 2021, chapter 620 of the Public Acts of 2022, and chapter 49 of the Public Acts of 2023 shall be deemed amendatory of, supplemental to and become part of the Tennessee Code enacted as chapter 6 of the Public Acts of 1955.
      2. (B) The supplemental material reenacted by chapters 450 and 802 of the Public Acts of 1980, by chapters 5 through 13 of the Public Acts of 1981, by chapters 2, 3, 6, and 7 of the Public Acts of 1983, by chapters 487 and 488 of the Public Acts of 1984, by chapters 4 through 6 of the Public Acts of 1985, by chapters 1 through 3 of the Public Acts of 2006, and chapters 1 through 4 of the Public Acts of 2010 shall be deemed amendatory of, supplemental to and become part of the Tennessee Code enacted as chapter 6 of the Public Acts of 1955.
      3. (C) The material contained in replacement volumes 9A (1983 edition), 12A (1983 edition), 6 (1984 edition), 2 (1985 edition), 2A (1985 edition), 2B (1985 edition), 11 (1986 edition), 3A (1987 edition), 12A (1987 edition), 12B (1987 edition), 8 (1987 edition), 8B (1988 edition), 3 (1988 edition), 10 (1988 edition), 10A (1989 edition), 10B (1989 edition), 12 (1989 edition), 9 (1990 edition), 10C (1990 edition), 11 (1990 edition), 7A (1990 edition), 6A (1991 edition), 7 (1991 edition), 2A (1991 edition), 9A (1991 edition), 12A (1992 edition), 3A (1992 edition), 2B (1992 edition), 8A (1992 edition), 11A (1993 edition), 10 (1993 edition), 3 (1993 edition), 8 (1993 edition), 4 (1994 edition), 10A (1994 edition), 2 (1994 edition), 12 (1994 edition), 8B (1995 edition), 12B (1995 edition), 6A (1996 edition), 8A (1996 edition), 9 (1996 edition), 12A (1996 edition), 7 (1997 edition), 7A (1997 edition), 10C (1997 edition), 11 (1997 edition), 2A (1998 edition), 2B (1998 edition), 10 (1998 edition), 12 (1998 edition), 3A (1999 edition), 3B (1999 edition), 9A (1999 edition), 4A (2000 edition), 5 (2000 edition), 8 (2000 edition), 10A (2000 edition), 6 (2001 edition), 6A (2001 edition), 8A (2001 edition), 8B (2001 edition), 12A (2001 edition), 3 (2002 edition), 8C (2002 edition), 9 (2002 edition), 10B (2002 edition), 2 (2003 edition), 7 (2003 edition), 7A (2003 edition), 12 (2003 edition), 10 (2004 edition), 11 (2004 edition), 11A (2004 edition), 12B (2004 edition), 2A (2005 edition), 2B (2005 edition), 6A (2005 edition) 9A (2005 edition), 7 (2006 edition), 7A (2006 edition), 7B (2006 edition), 12 (2006 edition), 12A (2006 edition), 1 (2007 edition), 1A (2007 edition), 6 (2007 edition), 8 (2007 edition), 8A (2007 edition), 9A (2008 edition), 9B (2008 edition), 9C (2008 edition), 10 (2008 edition), 10A (2008 edition), 4 (2009 edition), 9 (2009 edition), 10C (2009 edition), 13 (2009 edition), 6A (2010 edition), 7 (2010 edition), 7B (2010 edition), 11 (2010 edition), 2A (2011 edition), 2B (2011 edition), 3 (2011 edition), 3B (2011 edition), 12 (2011 edition), 12A (2011 edition), 3A (2012 edition), 5 (2012 edition), 7A (2012 edition), 8D (2012 edition), 9C (2012 edition), 12B (2012 edition), 8C (2013 edition), 9 (2013 edition), 10B (2013 edition), 11B (2013 edition), 11C (2013 edition), 12 (2013 edition) 12A (2013 edition), 2 (2014 edition), 6A (2014 edition), 6B (2014 edition), 7 (2014 edition), 7B (2014 edition), 9A (2014 edition), 2A (2015 edition), 2B (2015 edition), 2C (2015 edition), 6 (2015 edition), 11A (2015 edition), 3 (2016 edition), 9 (2016 edition), 9A (2016 edition), 10 (2016 edition), 10A (2016 edition), 1A (2017 edition), 4A (2017 edition), 6A (2017 edition), 9D (2017 edition), 11 (2017 edition), 7 (2018 edition), 7A (2018 edition), 7B (2018 edition), 10B (2018 edition), 11C (2018 edition), 3B (2019 edition), 7C (2019 edition), 8D (2019 edition), 10C (2019 edition), 12B (2019 edition), 3A (2020 edition), 8A (2020 edition), 9 (2020 edition), 9A (2020 edition), 9D (2020 edition), 2A (2021 edition), 4 (2021 edition), 6 (2021 edition), 6A (2021 edition), 6B (2021 edition), 9B (2022 edition), 9C (2022 edition), 11A (2022 edition), 11B (2022 edition), 11C (2022 edition), 11D (2022 edition), 2 (2023 edition), 9 (2023 edition), 11 (2023 edition), 12 (2023 edition) and 12A (2023 edition) shall be deemed amendatory of, supplemental to and become part of the Tennessee Code enacted as chapter 6 of the Public Acts of 1955, as though such material were specifically reenacted in its entirety.
    2. (2) The supplemental reenactments set out in subdivision (b)(1) shall be deemed reenactments of the general acts of a permanent nature enacted at the sessions of the general assembly held in the years 1955 through 2023 which were codified therein. The sections so reenacted shall be construed as continuations of the previous laws so reenacted, and pending litigation, criminal prosecutions and statutes of limitations shall not be affected by such reenactments.
    3. (3) Each section of the supplemental reenactments bearing the same number as a section appearing in the Tennessee Code as enacted in 1955 or in prior supplemental reenactments of the code is deemed to be in substitution for such section. Where only a portion of a section appears, such portion is deemed to be either in substitution of the same portion appearing in the Tennessee Code or prior supplemental reenactments or an addition to such section. Where section numbers of the Tennessee Code or supplemental reenactments are followed by “Repealed” or “Superseded”, they are deemed repealed unless limiting or restricting language follows the word “Repealed” or “Superseded”, in which latter event such repeal or supersession shall be limited or restricted in accordance with such language. Where section numbers of the Tennessee Code or supplemental reenactments are followed by “Unconstitutional” or are noted as having been found unconstitutional, this is reflective of a definitive court decision on the constitutionality of that section. Clauses, preambles, captions, statements of legislative intent, severability or reverse-severability clauses omitted from codification pursuant to § 1-1-108, remain valid in construing legislative intent of the codified portions of the act notwithstanding that the omitted portions of the act were not codified.
    4. (4) All public acts of a general and permanent nature, to the extent codified in this act and the supplemental reenactments set out in subdivision (b)(1), which were passed prior to the 2023 session of the general assembly and after the 1953 session are repealed, except chapters 6 and 121 of the Public Acts of 1955, all of the supplemental reenactments set out in subdivision (b)(1), and those laws excepted by § 1-2-105 of the Tennessee Code.
    5. (5) The enrolled draft of each supplemental reenactment shall, upon approval of the statute by the governor, be deposited in the office of the secretary of state, and shall be carefully preserved by that officer as an official enactment of supplemental material to the Tennessee Code.
    6. (6) Title 47 of the Tennessee Code as enacted by chapter 6 of the Public Acts of 1955, as amended and supplemented by chapter 1 of the Public Acts of 1961 and chapter 1 of the Public Acts of 1963, is repealed in its entirety except as provided in [former] § 47-1-110 [repealed]; provided, that the sections appearing in title 47, chapters 11-15 in the reenactment by chapter 1 of the Public Acts of 1965 shall be construed as continuations of the similar sections appearing in the former title 47, and pending litigation, criminal prosecutions and statutes of limitation shall not be affected by such repeal and reenactment.
    7. (7) In case any act or portion of an act codified and reenacted as provided in subdivision (b)(1) is thereafter deleted from this code for reasons other than repeal, supersession, or unconstitutionality, the original act or portion of an act so removed from the code shall be revived and continued in the same force and effect it had as a separate act prior to codification, notwithstanding any action occurring under subsection (a).
    8. (8) Legislative intent or effect which is dependent on the proposed placement of an act in the Tennessee Code shall not be affected by the actual codification of such material, and the general repealer contained in subdivision (a)(4) shall not affect such presumed intent.
Chapter 3 Construction of Statutes
§ 1-3-101. Repeals not retroactive.
  1. The repeal of a statute does not affect any right which accrued, any duty imposed, any penalty incurred, nor any proceeding commenced, under or by virtue of the statute repealed.
§ 1-3-102. Computation of time.
  1. The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is a Saturday, a Sunday, or a legal holiday, and then it shall also be excluded.
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§ 1-3-103. Conflicts within code.
  1. If provisions of different titles or chapters of the code appear to contravene each other, the provisions of each title or chapter shall prevail as to all matters and questions growing out of the subject matter of that title or chapter.
§ 1-3-104. Tense — Gender — Number of words.
  1. (a) Words used in this code in the past or present tense include the future, and the future tense includes the present.
  2. (b) Words importing the masculine gender include the feminine and neuter, except when the contrary intention is manifest.
  3. (c) Singular includes the plural and the plural the singular, except when the contrary intention is manifest.
§ 1-3-105. Definition of terms used in code.
  1. (a) As used in this code, unless the context otherwise requires:
    1. (1) “Age of majority” means eighteen (18) years of age or older; except that when purchasing, consuming or possessing alcoholic beverages, wine or beer as those terms are defined in title 57, “age of majority” means twenty-one (21) years of age. This subdivision (1) shall not be construed as prohibiting any person eighteen (18) years of age or older from selling, transporting, possessing or dispensing alcoholic beverages, wine or beer in the course of employment;
    2. (2)
      1. (A) “Agriculture” means:
        1. (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock;
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        2. (ii) The activity carried on in connection with the commercial production of farm products and nursery stock;
        3. (iii) Recreational and educational activities on land used for the commercial production of farm products and nursery stock; and
        4. (iv) Entertainment activities conducted in conjunction with, but secondary to, commercial production of farm products and nursery stock, when such activities occur on land used for the commercial production of farm products and nursery stock;
      2. (B) As used in this definition of agriculture, the term “farm products” means forage and sod crops; grains and feed crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing; fruits; vegetables; flowers; seeds; grasses; forestry products; fish and other aquatic animals used for food; bees; equine; and all other plants and animals that produce food, feed, fiber or fur;
      3. (C) As used in this definition of agriculture, the term “nursery stock” means all trees, shrubs, or other plants, or parts of such trees, shrubs or other plants, grown or kept for, or capable of, propagation, distribution or sale on a commercial basis;
    3. (3) “Code” includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code;
    4. (4) “Collector” includes any person entrusted with the collection of public revenue;
    5. (5) “Constable,” or other word used for an executive or ministerial officer, includes any person performing the duties of such officer, either generally or in special cases;
    6. (6) “Coroner,” or other word used for an executive or ministerial officer, includes any person performing the duties of such officer, either generally or in special cases;
    7. (7) “County executive” means and includes “county mayor” unless the context clearly indicates otherwise;
    8. (8) “County mayor” means and includes “county executive” unless the context clearly indicates otherwise;
    9. (9) “Executor” includes an administrator, where the subject matter applies to an administrator;
    10. (10) “Federal census,” “federal census of population,” or references to the federal decennial census, are deemed to be references to the federal decennial censuses of population as defined in § 1-3-116, and contained in the “Tables” volume of this code, Volume 13, or its replacement volume;
    11. (11) “Funeral and burial expenses” includes, but is not limited to, the cost of preparing the body for burial or other disposition, the funeral service, any funeral merchandise, flowers, honoraria, acknowledgment cards, postage, transporting the body to the place of burial or disposition, the burial space, crypt, mausoleum or other final resting place, the opening and closing thereof and any marker;
    12. (12) “Highway” includes public bridges and may be held equivalent to the words “county way,” “county road” or “state road”;
    13. (13) “Insane” includes all persons of unsound mind;
    14. (14) “Lands” includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal;
    15. (15) “Livestock” means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry;
    16. (16) “Minor” means any person who has not attained eighteen (18) years of age; except that where used in title 57 with respect to purchasing, consuming or possessing alcoholic beverages, wine or beer, “minor” means any person who has not attained twenty-one (21) years of age. This subdivision (16) shall not be construed as prohibiting any person eighteen (18) years of age or older from selling, transporting, possessing or dispensing alcoholic beverages, wine or beer in the course of employment;
    17. (17) “Month” means a calendar month;
    18. (18) “Oath” includes affirmation;
    19. (19) “Person” includes a corporation, firm, company or association;
    20. (20) “Personal property” includes money, goods, chattels, things in action, and evidences of debt;
    21. (21) “Personal representative,” when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees;
    22. (22) “Probate court” means the court having jurisdiction over the administration of the estates of decedents;
    23. (23) “Property” includes both personal and real property;
    24. (24) “Real estate” and “real property” include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal;
    25. (25) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form;
    26. (26) “Representative,” when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees;
    27. (27) “Road” includes public bridges and may be held equivalent to the words “county way,” “county road” or “state road”;
    28. (28) “Savings and loan association” includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the [former] federal savings and loan insurance corporation (FSLIC) or any successor [repealed] of such corporation;
    29. (29) “Sheriff,” or other word used for an executive or ministerial officer, includes any person performing the duties of such officer, either generally or in special cases;
    30. (30) “Signature” or “signed” includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed;
    31. (31) “State,” when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States;
    32. (32) “Subscription” includes a mark, the name being written near the mark and witnessed;
    33. (33) “Tennessean” denotes a permanent resident of the state, and such spelling is the recognized spelling of the word;
    34. (34) “Tennessee-based business enterprise” means a sole proprietorship, partnership, association, corporation, limited liability corporation, limited partnership or any other business entity having any:
      1. (A) Place of business permanently located within this state;
      2. (B) Employees permanently assigned to work stations or areas located within this state; or
      3. (C) Tangible assets permanently located within this state;
    35. (35) “United States” includes the District of Columbia and the several territories of the United States;
    36. (36) “Writing” or “written” includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters; and
    37. (37) “Year” means a calendar year, unless otherwise expressed; but “year,” in reference to any appropriation from the state treasury, means fiscal year, unless otherwise expressed or implied.
  2. (b) As used in this code, undefined words shall be given their natural and ordinary meaning, without forced or subtle construction that would limit or extend the meaning of the language, except when a contrary intention is clearly manifest.
  3. (c) As used in this code, unless the context otherwise requires, “sex” means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. As used in this subsection (c), “evidence of a person's biological sex” includes, but is not limited to, a government-issued identification document that accurately reflects a person's sex listed on the person's original birth certificate.
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§ 1-3-106. Words of joint authority.
  1. All words giving a joint authority to three (3) or more persons or officers, give such authority to a majority of such persons or officers, unless it is otherwise declared.
§ 1-3-107. Use of numerals.
  1. The Roman numerals and Arabic figures are to be taken as part of the English language, and are always sufficient to express dates and amounts, unless otherwise imperatively directed by law.
§ 1-3-108. Code as continuation of existing law.
  1. For the purposes of construction, the provisions of this code insofar as they are substantially the same as existing law relating to the same subject matter shall be construed as continuations of and substitutes for the previously existing law repealed by § 1-2-104. It is not the purpose of this code to change the effect of any such existing law.
§ 1-3-109. Section headings and histories.
  1. Headings to sections in this code and the references at the end of such sections giving the source or history of the respective sections shall not be construed as part of the law.
§ 1-3-110. Severability of code.
  1. It is hereby declared that the sections, clauses, sentences and parts of the Tennessee Code are severable, are not matters of mutual essential inducement, and any of them shall be exscinded if the code would otherwise be unconstitutional or ineffective. If any one (1) or more sections, clauses, sentences or parts shall for any reason be questioned in any court, and shall be adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions thereof, but shall be confined in its operation to the specific provision or provisions so held unconstitutional or invalid, and the inapplicability or invalidity of any section, clause, sentence or part in any one (1) or more instances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance.
§ 1-3-111. Certified mail.
  1. Certified mail may be used instead of registered mail whenever the law requires a notice to be given by registered mail.
§ 1-3-112. “Legal blindness” and “total blindness” — Definition.
  1. (a) In all statutes, rules and regulations enacted and/or promulgated by the state, its departments, agencies and institutions, wherein the term “total blindness,” that is, unable to distinguish between light and dark, is used or referred to, hereinafter, the term “legal blindness” meaning a person having not more than 20/200 with correcting glasses but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees (20°) shall be used.
  2. (b) Such blindness shall be certified by a duly licensed ophthalmologist, and/or optometrist.
  3. (c) In statutes enacted and/or rules and regulations promulgated prior to and in effect on March 17, 1961, the use of the term “total blindness” shall be construed to mean “legal blindness.”
§ 1-3-113. Eighteen-year-olds — Legal responsibility — Tobacco, smoking hemp, or vapor products and alcoholic beverage restrictions on persons under twenty-one (21) years of age.
  1. (a) Notwithstanding any laws to the contrary, any person who is eighteen (18) years of age or older shall have the same rights, duties, and responsibilities as a person who is twenty-one (21) years of age, except as provided in subsection (b) relative to the rights to purchase, possess, transport, and consume any tobacco, smoking hemp, or vapor products as those terms are defined in title 39 or alcoholic beverages, wine, or beer as those terms are defined in title 57.
  2. (b) Notwithstanding subsection (a), it is unlawful for any person under twenty-one (21) years of age to purchase, possess, transport or consume tobacco, smoking hemp, or vapor products, alcoholic beverages, wine, or beer, with the following exceptions:
    1. (1) Any person eighteen (18) years of age or older may transport, possess, sell, or dispense tobacco, smoking hemp, or vapor products, alcoholic beverages, wine, or beer in the course of such person's employment; and
    2. (2) Section 39-17-705(1) shall not be affected by any provision of subsection (b), it being the intent of the general assembly that such provisions remain lawful and in full force and effect. Any such priest or minister may utilize and administer alcohol or wine at a communion service, bat mitzvah, bar mitzvah, or other similar religious service or ceremony, in accordance with the practices of such denomination or sect.
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§ 1-3-114. Eighteen-year-olds — Professional responsibility.
  1. Notwithstanding any laws to the contrary, any person who is eighteen (18) years of age or older shall not be prohibited from entering into any profession or from performing any services on the basis of such person's minority.
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§ 1-3-115. Effect of law reducing age limit.
  1. The provisions of chapter 612 of the Public Acts of 1972, reducing the age limitations from twenty-one (21) years of age to eighteen (18) years of age in [former] §§ 23-1-102 [repealed], 23-1-107, [former] 34-1-106 [repealed], [former] 34-2-201 [repealed], [former] 34-3-412 [repealed], [former] 35-7-102 [repealed], 36-1-102, 36-1-105 and 57-4-203 and the definition of “minor” in § 1-3-105 shall not be considered as repealing or otherwise limiting the provisions of §§ 1-3-113 and 1-3-114.
§ 1-3-116. Population figures.
  1. (a) Except as provided in subsection (b), references in this code to the federal censuses of population or brackets based on such censuses shall be deemed references to or based on the population figures contained in Volume 13 of this code, or its replacement volume which are reproduced from publications of the United States bureau of the census as specified below, and shall not be affected by revisions, corrections, or alterations to such population figures by the United States bureau of the census subsequent to the publication of these publications:
    1. (1) Census of 1900 and Census of 1910: Bureau of the census. Thirteenth Census of the United States. Taken in the Year 1910. Volume 1. Population. General Report and Analysis, pp. 118, 119;
    2. (2) Census of 1920 and Census of 1930: Bureau of the census. Fifteenth Census of the United States: 1930. Volume 1. Population. Distribution of Inhabitants, pp. 1033, 1034;
    3. (3) Census of 1940 and Census of 1950: Bureau of the census. A Report of the Seventeenth Decennial Census of the United States. Census of Population: 1950. Volume 1. Number of Inhabitants, pp. 42-10, 42-11;
    4. (4) Census of 1960 and Census of 1970: U.S. bureau of the census. U.S. Census of Population: 1970. Number of Inhabitants. Final Report of PC(1)-A44 Tennessee, pp. 44-15, 44-16;
    5. (5) Census of 1980: U.S. Bureau of the Census. 1980 Census of Population and Housing: Tennessee, PHC80-V-44. April 1, 1980;
    6. (6) Census of 1990: U.S. Bureau of the Census. 1990 Census of Population: Tennessee, 1990 CP-1-44;
    7. (7) Census of 2000: U.S. Bureau of the Census. 2000 Census of Population and Housing: Tennessee, 2000 PHC-1-44;
    8. (8) Census of 2010: U.S. Bureau of the Census. 2010 Census of Population and Housing: Tennessee, 2010 CPH-1-44; and
    9. (9) Census of 2020: The official 2020 Census Redistricting Summary File (P.L. 94-171) for the State of Tennessee, published by the U.S. Census Bureau on the bureau's website.
  2. (b) Subsection (a) does not apply to the provisions of title 3, chapter 1, relative to legislative reapportionment; § 8-24-101, relative to the classification of counties for the purpose of determining the compensation of county officers and clerks of court; § 16-15-5001, relative to the classification of counties for the purpose of determining the compensation of judges; to any provision of the code in which a population figure may be adjusted by a local or state conducted supplemental census; or to any instance where an intent contrary to this section is evidenced.
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§ 1-3-117. Korean War.
  1. (a) All references in Tennessee Code Annotated to “Korean Conflict” are hereby amended to read “Korean War.”
  2. (b) All references to “Korean Conflict” included within the official publications, communications, memoranda, letters, public records, legal documents and all other official records of the State of Tennessee shall be deemed to read “Korean War” on April 13, 2000.
§ 1-3-118. Recognition of high school diplomas from church-related schools and home schools.
  1. (a) Notwithstanding any rule, regulation or other law to the contrary, a high school diploma awarded by a school as defined by § 49-50-801 or § 49-6-3050 in recognition of completion of secondary educational requirements shall be considered by all departments, agencies, commissions or other such entities of state and local government as having all the rights and privileges of a high school diploma awarded by a public school system.
  2. (b) This section shall not apply to state lottery proceeds as provided in title 49, chapter 4, part 9.
§ 1-3-119. Express language required to create or confer a private right of action.
  1. (a) In order for legislation enacted by the general assembly to create or confer a private right of action, the legislation must contain express language creating or conferring the right.
  2. (b) In the absence of the express language required by subsection (a), no court of this state, licensing board or administrative agency shall construe or interpret a statute to impliedly create or confer a private right of action except as otherwise provided in this section.
  3. (c) Nothing in this section shall be construed in any way to impair the ability of a court to:
    1. (1) Recognize a private right of action that was recognized before July 1, 2012, by the courts of this state as arising under a statute, unless the statute is amended after July 1, 2012, to expressly bar the private right of action;
    2. (2) Create or confer a private right of action in the absence of a controlling statute on each cause of action contained in the complaint if such action is based on the common law;
    3. (3) Utilize the doctrine of negligence per se; or
    4. (4) Recognize a private right of action commenced by a state or local governmental entity to collect any fees owed for a governmental service or to recover such fees from a party that is obligated to bill and collect fees owed others for a governmental service.
  4. (d) Nothing in this section shall be construed in any way to impair the ability of a state or local regulatory or licensing agency to enforce rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, if such rules were duly enacted through the rulemaking authority granted to any such agency by statute.
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§ 1-3-120. Newspapers of general circulation that publish public notices required to post notice in its entirety on website for same price.
  1. (a) Beginning April 1, 2014, in all cases where a public notice or legal notice is required to be published in a newspaper of general circulation, the newspaper shall for the same price post the complete notice:
    1. (1) On the newspaper's website, where it shall be published contemporaneously with the notice's first print publication and will remain on the website for at least as long as the notice appears in the newspaper; and
    2. (2) On a statewide website established and maintained as a joint venture of the majority of Tennessee newspapers as a repository for such notices and will remain on the repository website for at least as long as it appears in the newspaper. Any newspaper of general circulation that meets the criteria of this subsection (a) shall have access to the statewide website at no charge.
  2. (b) Any such notice shall be published online in its entirety, including maps and other exhibits, and shall include the date on which it was first printed in the newspaper.
  3. (c) An error in a notice placed on the newspaper website or statewide website, or temporary website outages or service interruptions prohibiting the posting or display of such notice shall be considered harmless error and proper legal notice requirements shall be considered met if the notice published in the newspaper is correct.
  4. (d) Each newspaper of general circulation publishing public notices shall include on its website home page a link to its public notice section and shall include on its public notice home page a link to the statewide public notice website.
  5. (e) Any notice published on a website pursuant to subdivisions (a)(1) and (2) shall be accessible to the public at no charge.
§ 1-3-121. Cause of action under chapter.
  1. Notwithstanding any law to the contrary, a cause of action shall exist under this chapter for any affected person who seeks declaratory or injunctive relief in any action brought regarding the legality or constitutionality of a governmental action. A cause of action shall not exist under this chapter to seek damages.
§ 1-3-122. References to committees of general assembly that no longer exist.
  1. References in this code to committees of the general assembly that no longer exist due to rule change of either the senate or house of representatives are deemed to be references to the committee that has jurisdiction of the subject matter pursuant to the rules of the appropriate chamber.
§ 1-3-123. Appointment and qualification of state governmental members — Removal of members — State governmental entity defined.
  1. (a) Notwithstanding any law to the contrary:
    1. (1) An appointed member of a board, commission, or other governing body for a state governmental entity serves in such capacity until the expiration of the term to which the member was appointed and until the member's successor is duly appointed and qualified. This service requirement is in accordance with Article VII, Section 5 of the constitution of the state of Tennessee and common law.
    2. (2) An appointed member of a board, commission, or other governing body for a state governmental entity may be removed by the member's appointing authority with or without cause. A vacancy created by the removal of a member is filled by the appointing authority in the same manner as the original appointment.
  2. (b) As used in this section, “state governmental entity” means an entity listed in title 4, chapter 29, part 2.