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Tennessee General Assembly· HB 1739Comp. SB subst.

Regional Authorities and Special Districts - As enacted, authorizes the Megasite Authority of West Tennessee and certain law enforcement agencies to enter into a written agreement authorizing sworn peace officers of the , the official text

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      State f/Jennessee

                            PUBLIC CHAPTER NO. 1091

                                                  SENATE BILL NO. 1772

                                                            By Walley

                                           Substituted for: House Bill No. 1739

                                                              By Shaw

AN ACT to amend Tennessee Code Annotated, Title 54 and Title 64, Chapter 9, relative to
          enforcement of traffic laws on designated private roadways within the megasite of West
          Tennessee.

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

          SECTION 1. Tennessee Code Annotated, Title 64, Chapter 9, is amended by adding the
following as a new section:

          64-9-116. Enforcement of traffic laws on designated private megasite roadways by
agreement.

                    (a) As used in this section, "designated private megasite roadway" means a privately
          owned street, road, or driveway located within the megasite that:

                              (1) Has not been dedicated to or accepted by a governmental entity as a
                    public street or highway; and

                              (2) Is identified by metes and bounds, centerline description with width, or a
                    map attached to and incorporated in an agreement executed under this section.

                    (b) Notwithstanding§ 55-8-102 or another law to the contrary, the authority and a law
          enforcement agency of a county or municipality in which the megasite is located may enter
          into a written agreement authorizing sworn peace officers of the law enforcement agency to
          enforce title 55, chapters 8, 9, and 10, parts 1-5, on one (1) or more designated private
          megasite roadways identified in the agreement.

                    (c) An agreement under this section must be:

                              (1) Approved by the authority's board of directors; and

                              (2) Approved by resolution or ordinance, as applicable, of the governing body
                    of the participating county or municipality.

                    (d) An agreement under this section must:

                              (1) Attach a legal description or map of each designated private megasite
                    roadway subject to enforcement;

                              (2) Require the owner or operator of each roadway to install and maintain
                    traffic-control devices and speed-limit signs that conform to the Manual on Uniform
                    Traffic Contra.I Devices (MUTCD) as adopted by the department of transportation;

                              (3) Require conspicuous notice at each vehicular entrance to the designated
                    roadways that state and local traffic laws are enforced by the named law enforcement
                    agency; and
SB 1772
                             (4) Specify the term of the agreement and provide termination rights for either

                   party upon at least thirty (30) days' written notice.
                   (e) For the limited purpose of enforcing subsection (b):

                             (1) Each designated private megasite roadway subject to an agreement under
                   this section is deemed a "highway," as defined in§ 55-8-101;

                             (2) Traffic-control devices installed and maintained pursuant to subdivision
                   (d)(2) are "official traffic-control devices" for purposes of title 55; and

                             (3) Sworn peace officers of the contracting law enforcement agency may
                   patrol, enforce traffic laws, issue citations for violations thereof, and impose fines in
                   accordance with state law or county or municipal ordinance, as appropriate, on a
                   designated private megasite roadway to the same extent as on a public street.
                   (f)( 1) Entering into or exercising authority under an agreement does not dedicate a
                   roadway to public use, create a public right of access, or otherwise affect title.

                             (2) A governmental entity does not, by virtue of an agreement, assume
                   ownership, design, construction, or maintenance responsibility for a designated
                   private megasite roadway.
                   (g) This section does not authorize private security personnel to exercise law-
          enforcement powers.
                   (h) This section does not prohibit law enforcement agencies with concurrent
         jurisdiction from enforcing title 55, chapters 8, 9, and 10, parts 1-5 on a designated private
          megasite roadway.
          SECTION 2. The headings in this act are for reference purposes only and do not constitute a
part of the law enacted by this act. However, the Tennessee Code Commission is requested to
include the headings in any compilation or publication containing this act.
          SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.

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         SENATE BILL NO. 1772

PASSED:  April 22, 2026

                                                             ALLY
                                SPEAKER OF THE ~NATE

                         c?~
                          CAMERON SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

APPROVED this ___;;;...r day of YY\11  2026

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