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Tennessee General Assembly· HB 627Comp. SB subst.

Taxes, Hotel Motel - As enacted, revises present law relative to the privilege tax upon the privilege of occupancy in a hotel levied by municipalities. - Amends TCA Title 7 and Title 67. Companion bill has been assigned , the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
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                           PUBLIC CHAPTER NO. 372

                                                     SENATE BILL NO. 629

                                                       By Briggs, Bowling

                                             Substituted for: House Bill No. 627

                                                            By Crawford

AN ACT to amend Tennessee Code Annotated, Title 7 and Title 67, relative to occupancy tax.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 67-4-1401(11), is amended by deleting the
subdivision and substituting:

                    (11) "Tourism development" means the creation or expansion of physical attractions,
          facilities, or events that are available and open to the public, improving the appeal of
          destinations to tourists, and enhancing tourist experiences that are primarily promoted to or
          used by tourists;

          SECTION 2. Tennessee Code Annotated, Section 67-4-1401, is amended by adding the
following new subdivisions:

                    ( ) "Tourism promotion" means planning, conducting, or participating in programs of
          information, publicity, and advertising that are designed to attract tourists and foster economic
          activity through tourism;

                    ( ) "Tourist" means an individual who travels more than fifty (50) miles to a destination
          for business or leisure;

          SECTION 3. Tennessee Code Annotated, Section 67-4-1403, is amended by deleting the
section and substituting:

                    (a) Except as otherwise provided in subsection (b):

                              (1) The revenue received by a municipality from the tax must be designated and
                    used for tourism promotion and tourism development, including debt service and
                    contractual obligations incurred in furtherance of such purposes; and

                              (2) Tourism development investments authorized under this part must not be
                    used to fund general government expenditures or activity unless designated and
                    approved through a memorandum of understanding between a municipality's
                    governing body and the designated destination marketing entity.

                    (b) Subject to§ 67-4-1414, a municip-ality levying a tax upon the privilege of occupancy
          before May 1, 2025, may continue to use the revenue in the manner prescribed in the private
          act, resolution, or ordinance levying the tax.

                    (c)(1) Not later than ninety (90) days after the end ofa municipality's fiscal year, each
                    municipality that levies a tax upon the privilege of occupancy, whether pursuant to this
                    part or by private act, ordinance, or resolution, shall provide an annual written report to
                    the commissioner of the department of tourist development.

                               (2) The annual written report must detail the amount of revenue spent by the
                    municipality, and its subordinate contractors, and how those expenditures have been
                    designated and used for tourism promotion and tourism development pursuant to this
                    part.
SB629

                   (d) If an audit by the comptroller of the treasury or by contractors employed by a
         municipality with the approval of the comptroller, finds that a municipality has spent funds
         derived from a tax levied pursuant to this part for purposes not related to tourism promotion
         and tourism development as required by subsection (a), the municipality shall, using general
         funds, appropriate an amount equal to the amount spent improperly to be used to support
         tourism promotion and tourism development for the next subsequent fiscal year.
         SECTION 4. Tennessee Code Annotated, Section 67-4-1413, is amended by deleting the
section and substituting:

                   Notwithstanding § 67-4-1414 or another law to the contrary:
                             (1) Except as provided in subdivision (2), on or after July 1, 2025, tax levied

                   upon the privilege of occupancy of a short-term rental unit secured through a short-
                   term rental unit marketplace, pursuant to any private act, must be collected and
                   remitted in accordance with title 67, chapter 4, part 15; and

                             (2) A municipality may adopt an ordinance or resolution requiring funds
                    received from the department of revenue under § 67-4-1506 that were collected from
                   the tax levied upon the privilege of occupancy of a short-term rental unit secured
                   through a short-term rental unit marketplace to be used in accordance with § 67-4-
                    1403(a).
          SECTION 5. Tennessee Code Annotated, Section 67-4-1402(a), is amended by deleting
subdivisions (2) and (3) and substituting:
                    (2) Except as otherwise provided in subdivision (a)(3), the tax levied by a municipality
          upon the privilege of occupancy in a hotel must not exceed four percent (4%) of the
          consideration charged to a transient by the hotel operator; provided, that, on or after the
          effective date of this act, a municipality shall not increase the tax in an amount such that the
          cumulative tax in an incorporated area of a county exceeds eight percent (8%).
                    (3) Subject to§ 67-4-1414, a tax upon the privilege of occupancy in a hotel levied or
          authorized before May 1, 2025, by a municipality that exceeds the tax limit established in
          subdivision (a)(2) remains in full force and effect.
          SECTION 6. This act takes effect upon becoming a law, the public welfare requiring it.

                                                                2
         SENATE BILL NO. 629

PASSED:  April 16, 2025

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                         \      RAND\- McNALLY

                            SPEAKER OF THE SENATE

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                           CAMERONSe,rfON,SPEAKER
                          HOUSE OF REPRESENTATIVES

~ APPROVED this £2-tQ.. day of  2025

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            BILL LEE, GOVERNOR
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