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Tennessee General Assembly· HB 2085Sponsor(s) Added.

Public Funds and Financing - As enacted, creates the joint capital tourism board; makes other related changes. - Amends TCA Title 4; Title 5; Title 6; Title 7; Title 8; Title 9 and Title 67. Companion bill has been assig, the official text

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Sude f { JenllMsee

                            PUBLIC CHAPTER NO. 1079

                                                    SENATE BILL NO. 1672

                                            By Johnson, Gardenhire, Stevens

                                           Substituted for: House Bill No. 2085

                                      By Boyd, Moon, Reedy, Hemmer, Cepicky

AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 8; Title 9 and
         Title 67, relative to government finances.

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

          SECTION 1. Tennessee Code Annotated, Title 4, Chapter 3, Part 3, is amended by adding
the following as a new section:

          4-3-310. Joint capital tourism board.

                   (a) There is created a joint capital tourism board, to be governed by a board of
          directors. The board consists of nine (9) voting members as follows:

                             (1) Two (2) persons to be appointed by the speaker of the senate;

                             (2) Two (2) persons to be appointed by the speaker of the house of
                   representatives;

                             (3) Two (2) persons to be appointed by the governor;

                             (4) The chief executive officer of a county having a metropolitan form of
                   government with a population of more than five hundred thousand (500,000),
                    according to the 2020 federal census or any subsequent federal census, or the chief
                   executive officer's designee;

                             (5) The president of a convention center that is a qualified public use facility
                    under the Convention Center and Tourism Development Financing Act of 1998,
                    compiled in chapter 88 of this title, in a county having a metropolitan form of
                    government with a population of more than five hundred thousand (500,000),
                    according to the 2020 federal census or a subsequent federal census; and

                             (6) The president of a convention and visitors bureau in a county having a
                    metropolitan form of government with a population of more than five hundred
                   thousand (500,000), according to the 2020 federal census or any subsequent federal
                    census, or a successor entity approved by the governing body and chief executive
                    officer of the county and receiving funding from the county for tourism promotion
                    purposes.

                    (b) In order to stagger the terms of the new members to the board, initial
          appointments are made as follows:

                             (1) Persons appointed under subdivision (a)(1) serve initial terms that expire
                    on June 30, 2028;

                             (2) Persons appointed under subdivision (a)(2) serve initial terms that expire
                    on June 30, 2029; and
SB 1672

                             (3) Persons appointed under subdivision (a)(3) serve initial terms that expire
                   on June 30, 2030.

                   (c) Following the expiration of a member's initial term, as prescribed in subsection (b),
         all terms are four (4) years, to begin on July 1 and terminate on June 30, four (4) years
         thereafter.

                   (d) A person appointed pursuant to subdivisions (a)(1 )-(3):

                             (1) Serves in such capacity until the expiration of the term to which the person
                   was appointed and until the person's successor is duly appointed and qualified; and

                             (2) May be removed by the person's appointing authority with or without
                   cause. A vacancy created by the removal of a person appointed pursuant to
                   subdivisions (a)(1 )-(3) is filled by the appointing authority in the same manner as the
                   original appointment.

                   (e) The governor shall designate one (1) person appointed pursuant to subdivision
          (a)(3) to serve as chair. A majority of the board constitutes a quorum and the confirming vote
          of at least five (5) members of the board is required.

                   (f) The board is attached to the office of the comptroller of the treasury for all
          administrative purposes, and must be operated using the office's existing resources and
          personnel. The board is authorized to establish policies and procedures under which the
          comptroller of the treasury or the comptroller's designee is guided in the administration of
          state laws concerning excess revenues pursuant to § 7-89-112 and other policies and
          procedures as it may deem advisable.

                    (g)(1) Except as provided in subdivision (g)(2), all board meetings, including all votes
                    of the board, must comply with the open meetings provisions compiled in title 8,
                    chapter 44.

                             (2)(A) Executive sessions, or any portions of the executive sessions,
                             conducted by the board for the purpose of discussing any applications and
                             supporting materials related to attracting or seeking to host significant tourism
                             events, as defined in § 7-89-112(n)(4), must be closed to the public and
                             exempt from title 8, chapter 44.

                                       (B) Executive sessions, or any portions of the executive sessions,
                             conducted by the board for the purpose of discussing trade secrets and
                             proprietary information of applicants for capital city economic assistance, as
                             defined in§ 7-89-112(n)(4), must be closed to the public and exempt from title
                             8, chapter 44. As used in this subdivision (g)(2)(B) and subdivision (h)(3)(8),
                             "trade secrets" and "proprietary information" have the same meanings as
                             defined in § 8-44-102 as applied to an eligible business or eligible commercial
                             property owner, as defined in§ 7-89-112(n)(4).

                    (h)(1) Except as provided in subdivision (h)(3), any records or information relating to
                    or arising out of the board's operations are open for public inspection under title 10,
                    chapter 7.

                             (2) Notwithstanding another law to the contrary, the office of the comptroller of
                    the treasury shall post information on its website at least quarterly regarding the
                    payment or funding of all costs set forth in § 7-89-112(n)(1)(A)-(B), including the
                    names of recipients of funds.

                             (3)(A) Applications and supporting materials related to attracting or seeking to
                             host sig~ificant tourism events -are confidential and nc;>t open for public
                             inspection under title 10, chapter 7.

                                       (B) Any trade secrets a.nd proprietary information regarding an
                             applicant for capital city economic assistance are confidential and not subject
                             to the open records law in title 10, chapter 7. Such information of an applicant
                            _must be used by :lhe board only for the purposes of determining the
                             qualifications of applicants for the economic assistance.

                    (i) The board must be dissolved upon the date the amount of excess revenues, as
          defined in § 7-89-112, equals zero dollars ($0.00); except, that the board must not be
          dissolved during a period when an apportionment under§ 7-88-106 is occurring.

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SB 1672

         SECTION 2. Tennessee Code Annotated, Section 4-29-249(a), is amended by adding the
following as a new, appropriately designated subdivision:

         ( ) Joint capital tourism board, created by § 4-3-31 O;

         SECTION 3. Tennessee Code Annotated, Section 7-4-110(b), is amended by deleting
subdivisions (2) and (3) and substituting instead the following:

         (2) One-third (1/3) in its entirety must be maintained in a reserve fund to be used
exclusively for the following purposes in descending order of priority:

                  (A) The purpose of constructing, expanding, improving, financing, and
         operating a convention center;

                  (B) The payment or funding of authorized obligations, as defined in § 7-89-
         112(n)(4); or

         (C) The payment or funding of costs set forth in§ 7-89-112(n)(1) and (3);

         (3) One-sixth (1/6) in its entirety must be used for the following purposes in
descending order of priority:

                  (A) Tourist related activities, which may include constructing, expanding,
         improving, financing, and operating a convention center;

                  (B) The payment or funding of authorized obligations, as defined in § 7-89-
         112(n)(4); or

         (C) The payment or funding of costs set forth in§ 7-89-1'12(n)(1) and (3); and

         SECTION 4. Tennessee Code Annotated, Section 7-4-202, is amended by deleting
subsections (b) and (c) and substituting instead the following:

           (b) Except as provided in subsection (d), all revenues received by the metropolitan
 government from the privilege tax imposed pursuant to subsection (a) must be deposited into
 a metropolitan government fund entitled "the convention center fund" and must be used for
. the following purposes in descending order of priority:

                  (1) Constructing, expanding, improving, financing, and operating a publicly
         owned convention center in excess of four hundred million dollars ($400,000,000) in
         costs located within the territory of the metropolitan government;

                  (2) The payment or funding of authorized obligations, as defined in § 7-89-
         112(n)(4); or

         • (3) The payment or funding of costs set forth in § 7-89-112(n)(1) and (3).

         (c) If the total bonded indebtedness incurred for any construction, expansion,
modification, or improvement of the convention center facility by the metropolitan government
or any instrumentality thereof is paid in full as. to bond principal and interest, including
expenses .of bond sale or sales, then the metropolitan government's taxing resolution
imposing taxes authorized by subsection (a) must be repealed and this tax must no longer be
levied as of the conclusion of the first full month following such date; provided, however, that
any funds and interest remaining in the reserve fund after all obligations impo~ed under this
part have been fulfilled must be used by the governmental board or agency· responsible for
the operation of the convention center for operation, promotion, and advertisement of the
convention center facilities.

         SECTION_ 5. Tennessee Code Annotated, Section 7-4-203, is amended by deleting
subsections (d) and (e) and replacing them with the following:

         (d) All revenues received by the metropolitan government from the privilege tax

imposed pursuant to subsection (a) must be deposited into a metropolitan government fund

entitled "the convention center fund" and must be used for the following purposes in

descending order of priority:                                     ••

                  (1) Constructing, expanding, improving, financing, and operating a publicly
         owned convention center in excess of four hundred million dollars ($400,000,000) in
         costs located within the territory of the metropolitan government;

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SB 1672

                  (2) The payment or funding of authorized obligations, as defined in § 7-89-
         112(n)(4); or

         (3)The payment or funding of costs set forth in§ 7-89-112(n)(1) and (3).

         (e) If the total bonded indebtedness incurred for any construction, expansion,
modification, or improvement of the convention center facility by the metropolitan government
or any instrumentality thereof is paid in full as to bond principal and interest, including
expenses of bond sale or sales, then the metropolitan government's taxing resolution
imposing taxes authorized by subsection (a) must be repealed and this tax must no longer be
levied as of the conclusion of the first full month following such date; provided, however, that
any funds and interest remaining in the reserve fund after all obligations imposed under this
part have been fulfilled must be used by the governmental board or agency responsible for
the operation of the convention center for operation, promotion, and advertisement of the
convention center facilities.

         SECTION 6. Tennessee Code Annotated, Section 7-88-106, is amending by adding the
following as a new subsection (d):

         (d) Notwithstanding this section or another law to the contrary, in tourism
development zones located within a metropolitan government within which a convention
center authority has been created pursuant to chapter 89 of this title:

                  (1) The apportionment and distribution of tax revenues pursuant to this section
         shall continue for thirty (30) years from the date the facility commenced operations as
         a public use facility; and

                  (2) The state and local sales tax revenue distributed to the municipality may
         also be used for authorized obligations-as defined in§ 7-89-112(n)(4) of the qualified
         public use facility and any purpose authorized by§ 7-89-112.

         SECTION 7. Tennessee Code Annotated, Section 7-88-114(e)(2), is amended by adding the
following immediately preceding "or adding any use":

expanding a qualified public use facility in a tourism development zone located within a
metropolitan government within which a convention center authority has been created
pursuant to chapter 89 of this title;

         SECTION 8. Tennessee Code Annotated, Section 7-89-112(c), is amended by deleting the
first sentence and substituting instead the following:

.        No bonds shall be issued under this chapter unless authorized to be issued by

resolution •of the board of directors of the authority and approved by resolution of the

governing body of the municipality; provided, that in the case of an authority created

pursuant to this chapter and located within a metropolitan government, the approval must be

given by the metropolitan government's director of fi·nance rather than the· governing body.

         SECTION 9. Tennessee Code Annotated, Section 7-89-112, is amended by deleting
subsection (n) and substituting in~tead the following:

         (ri)(1) Notwithstanding another law to the contrary, if an authority created pursuant to
         this. chapter and located within a metropolitan government is apportioned state and
         local sales and use tax revenue pursuant" to the Convention Center and Tourism
         Development Financing Act of 1998, compiled in chapter 88 of this title, as a result of
         the· financing by the authority of a qualified public use facility or qualified associated
         development, then excess revenues of the authority, commencing with respect to the
         most recent •fiscal year concluding ·June 30, 2026, but in no event prior to the
         retirement or refinancing of any indebtedness of the authority outstanding as of the
         end of such fiscal year, must be allocated:

                  (A) First, to the comptroller of the treasury, •subject to subdivision
         (n)(2), for the payment of the costs of attracting, promoting, and hosting
         significant tourism events located within the metropolitan government,
         including any administrative expenses related thereto, or: the funding of an
         interest-bearing reserve therefor, in an amount equal to the greater of thirty
         million dollars ($30,000,000) in any fiscal year, commencing with the first fiscal
         year and increasing by three percent (3%) in each fiscal year thereafter, or
         forty percent (40%) of such revenues in any fiscal year; and

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SB 1672

                                       (8) Second, to the comptroller of the treasury, for any of the following
                             purposes, subject to subdivision (n)(2):

                                                 (i) The payment of. the costs of state and local public safety,
                                       and streetscape and public space cleanliness services related to
                                       significant tourism events;

                                                 (ii) The payment of capital city economic assistance to eligible
                                       businesses and eligible commercial property owners within the tourism
                                       development zone;

                                                 (iii) The funding of capital improvements to the qualified public
                                       use facility and other facilities within the tourism development zone
                                       consistent with the purposes of this chapter;

                                                 (iv) The. payment of the costs of state and local public safety,
                                       and streetscape and public space cleanliness services within the
                                       tourism development zone, even if the zone is no longer active
                                       pursuant to chapter 88 of this title, for the purposes of enhancing or
                                       preserving the tourism experience in the zone; and

                                                 (v) The payment, prepayment, or defeasance of debt service or
                                       the payment of operating expenses related to the qualified public use
                                       facility or qualified associated development.

                             (2) Notwithstanding another law to the contrary, excess revenues must be
                   allocated and appropriated to the purposes identified in subdivision (n)(1) as directed
                    by the joint capital tourism board created by § 4-3-31 0; provided, that the board shall
                    consult with the convention and visitors .bureau in the metropolitan government for the
                    payment of costs in subdivision (n)(1)(A). The comptroller of the treasury shall take all
                    steps necessary to effectuate the directions of the joint capital tourism board.

                             (3)(A) Accumulated excess revenues must be applied only to one (1) or more
                             of the following purposes, at the direction of the board of directors of the
                             authority, in no event prior to the retirement or refinancing of any indebtedness
                             of the authority outstanding as of the end of the fiscal year concluding June
                             30, 2026, and until the conclusion of the time period described in subdivision
                             (n)(3)(8); provided, that the board of directors shall not cause the accumulated
                             excess revenues to be depleted below the amount of authorized obligations,
                             as defined in subdivision (n)(4)(8)(ii):

                                                 (i) The payment, prepayment, or defeasance of debt service or
                                       other contractual obligations of the authority;

                                                 (ii) The funding of the capital costs of an expansion of the
                                       qualified public use facility, including land acquisition, requiring an
                                       investment of more than. seven hundred fifty million dollars
                                       ($750,000,000); provided, that no costs other than land acquisition,
                                       design, and other pre-development costs may be funded until the state
                                       building commission has approved the expansion as a modification to
                                       the tourism development zone, pursuant to§ 7-88-114(e);

                                                 (iii) The transfer of up to three hundred million dollars
                                       ($300,000,000) to an instrumentality of the metropolitan government
                                       created by private act enacted prior to the effective date of this act, for
                                       the sole purpose of funding capital costs and related debt service and
                                       financing costs incurred in connection with. the construction,
                                       installation, renovation, and equipping of roads, bridges, utilities, and
                                       other public infrastructure improvements, including any associated
                                       land acquisitions costs, located within the jurisdictional area of such
                                       instrumentality; and

                                                 (iv) Any other legal expenditure related to the qualified public
                                       use facility or qualified associated development, if approved by the
                                       joint capital tourism board.

                                       (8) Accumulated excess revenues must cease to be applied to the
                             purposes described in subdivision (n)(3)(A) upon the earlier of:

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SB 1672

                            (i) The date on which the authority places into service an
                  expansion of the qualified public use facility requiring an investment of
                  more than seven hundred fifty million dollars ($750,000,000); or

                            (ii) The conclusion of the fiscal year ending June 30, 2042.

                  (C) Upon termination of the use of accumulated excess revenues for
         the purposes described in subdivision (n)(3)(A), the accumulated excess
         revenues must be used for the purposes described in subdivision (n)(1 ).

         (4) As used in this subsection (n):

                  (A) "Accumulated excess revenues" means the sum of:

                            (i) Moneys on the balance sheet of the authority as of the
                   commencement of the fiscal year ending June 30, 2026, to the extent
                  not restricted by law or third-party contract as of July 1, 2026; and

                            (ii) Any apportionment of state and local sales and use tax
                   revenue with respect to the fiscal year ending June 30, 2026, pursuant
                  to the Convention Center and Tourism Development Financing Act of
                   1998, compiled in chapter 88 of this title;

                   (B) "Authorized obligations" means:

                            (i) The payment of the expenses and debt service obligations of
                  the authority;

                             (ii) The funding or replenishment, as applicable, of an operating
                   reserve fund of the authority in an amount determined by the board of
                   directors but in no event more than the authority's operating expenses
                   for the two (2) prior fiscal years;

                             (iii) The annual funding of up to twenty million dollars
                   ($20,000,000), as determined by the board of directors of the authority,
                   to a restricted _fund of the authority to be used solely for ongoing capital
                   expenditures of the convention center, which funding amount must
                   increase by three percent (3%) each fiscal year, net of any investment
                   earnings rea.lized in such fund; and

                             (iv) The annual transfer of twenty-one million dollars
                   ($21,000,000) to the metropolitan government as of the metropolitan
                   government's fiscal year ending June 30, 2027, and increasing by
                   three percent (3%) in each year thereafter, to be used solely for local
                   public safety funding in the tourism development zone, as directed by
                   the authority;

                   (C) "Capital city economic assistance" means economic assistance
         provided to an eligible business or eligible commercial property owner, as
         determined by the joint capital tourism board, to be used to support
         operational expenditures;

                   (D) "Eligible business" means:·

                             (i) An establishment permanently operating in the restaurant,
                   retail, hospitality, or entertainment sector that is physically located
                   within the tourism development zone;

                             (ii) Is registered for sales and use tax purposes with the
                   department of revenue, and has a business license from the
                   metropolitan government; and ...

                             (iii) Has executed a long-term lease of a commercial property
                   or owns the commercial property in which the establishment is
                   operated;

                   (E) "Eligible commercial prope~y ·owner" means a person or entity that:

                             (i) Owns a commercial property within the tourism development
                   zone;

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SB 1672

                                 (ii) Has executed a long-term lease with an eligible business for
                        the commercial property; and

                                 (iii) Does not own, in whole or in part, and is not affiliated with,
                        the eligible business that occupies the commercial property;

                  (F) "Excess revenues" means, following the payment or the funding, as
         applicable, of the authority's authorized obligations:

                            (i) Revenues of the authority in any fiscal year, commencing
                  with the fiscal year ending June 30, 2026, but excluding any
                  accumulated excess revenues; and

                                 (ii) Any accumulated excess revenues remaining at the
                        conclusion ofthe time period described in subdivision (n)(3)(B);

                  (G) "Qualified associated development," "qualified public use facility,"
         and "tourism development zone" have the same meanings as defined in § 7-
         88-103;

                  (H) "Revenues" means the revenues of the authority, together with any
         revenues derived from taxes, fees, investment earnings, and surcharges that
         are authorized to be imposed pursuant to law, and that are paid, contributed,
         or pledged to an authority or to the convention center fund by the state or a
         municipality pursuant to law, agreement, or otherwise, including:

                        (i) Privilege taxes imposed pursuant to chapter 4 of this title;

                        (ii) Allocations of state and local tax revenue pursuant to

                        chapter 88 of this title;  •

                                 (iii) Allocations of state and local tax revenue pursuant to § 67-
                        6-103; and

                                 (iv) Taxes and surcharges imposed pursuant to title 67, chapter
                        4, part 19; and

                  (I) "Significant tourism events" means sports, entertainment, arts,
         convention, and other events anticipated to attract significant out-of-state
         tourism.

                  (5) This subsection (n) does not limit or impair existing obligations of contracts
         to which r~venues are pledged or divest vested rights of the beneficiaries of contracts
         to which revenues are pledged.

                  (6) During the existence of the tourism development zone, debt must not be
         issued or refunded under this chapter without express approval of the state funding
         board.

         SECTION 10. Tennessee Code Annotated, Section 67-4-1908, is amended by deleting
subsections (b) and (c) and substituting instead the following:

         (b) All revenues received by the· metropolitan government from the surcharge or tax
imposed pursuant to subsection (a) must be deposited into a metropolitan government fund
entitled "the convention center fund" and must be used for the following purposes in
descending order of priority:

                  (1) Constructing, expanding, improving, financing, and operating a publicly
         owned convention center in excess of four hundred million dollars ($400,000,000) in
         costs located within the territory of the metropolitan government;

         (2) The payment or funding of authorized obligations, as defined in § 7-89-

         112(n)(4); or                                •

         (3) The payment or funding of costs set forth in§ 7-89-112(n)(1) and (3).

         (c) If the total bonded indebtedness incurred for any construction, expansion,
modification, or improvement of the convention center facility by the metropolitan government
or any instrumentality thereof is paid in full as to bond principal and interest, including
expenses of bond sale or sales, then the metropolitan government's taxing resolution

                        7
SB 1672

          imposing taxes authorized by subsection (a) must be repealed and this surcharge or tax
          must no longer be levied as of the conclu~ion of the first full month following such date;
          provided, however, that any funds and interest· remaining in the reserve fund after all
          obligations imposed under this part have been fulfilled must be used by the governmental
          board or agency responsible for the operation of the convention center for use by the
         governmental board or agency in the operation, promotion, and advertisement of the
          convention center facilities.
          SECTION 11. Tennessee Code Annotated, Section 67-6-103, is amended by deleting the
last sentence of subdivision (d)(1)(E)(i) and substituting instead the following:
          The apportionment and distribution must begin at the time that the convention center begins
          operations and must continue through 2058 or until all debt incurred to finance the
          convention center is retired, whichever is sooner.
          SECTION 12. Tennessee Code Annotated, Section 67-6-103, is amended by deleting the
second sentence of subdivision (d)(1 )(E)(ii) and substituting instead the following:
          The apportionment and distribution must begin at the time that the convention center begins
          operations and must continue for the duration described in subdivision (d)(1 )(E)(i).
          SECTION 13. If any provision of this act or the application of any provision of this act to any
person or circumstance is held invalid, then all provisions and applications of this act are declared to
be invalid and void.
          SECTION 14. The heading in this act is for reference purposes only and does not constitute
a part of the law enacted by this act. However, the Tennessee Code Commission is requested to
include the heading in any compilation or publication containing this act.
          SECTION 15. ·For· purposes of· appointing members to the new joint· capital tourism board,
this act takes effect upon becoming a law, the public welfare requiring it. For all other purposes, this
act takes effect July 1, 2026, the public welfare requiring it.

                                                                 8
         SENATE BILL NO. 1672

PASSED:  Apri I 22, 2026

                                       RANDY Mcl'IALLY
                          SPEAKER OF THE ~NATE

                          CAMERON SEXTON, SPEAKER
                          HOUSE OF REPRESENTATIVES

                                      ,.,..., V\J..  2026

APPROVED this__~_ _ day of { Y 1 ~

         ~fk ..
                          BILL LEE, GOVERNOR
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