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~tate of \!Cennessee
PUBLIC CHAPTER NO. 1045
HOUSE BILL NO. 2560
By Representatives Lamberth, Cochran, Powell, White, Davis, Russell, Howell
Substituted for: Senate Bill No. 2248
By Senators Johnson, Crowe, Rose, Walley
AN ACT to amend Tennessee Code Annotated, Title 4; Title 9; Title 13; Title 16; Title 39;
Title 55; Title 58; Title 62; Title 65; Title 68 and Title 71, relative to emergency management.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 4-3-101, is amended by adding the
following as a new subdivision:
() Department of the Tennessee emergency management authority ("TEMA");
SECTION 2. Tennessee Code Annotated, Section 4-3-111, is amended by adding the
following as a new subdivision:
() Commissioner of the Tennessee emergency management authority ("TEMA");
SECTION 3. Tennessee Code Annotated, Section 4-3-1017(a)(1), is amended by
deleting "emergency management agency" and substituting "department of TEMA".
SECTION 4. Tennessee Code Annotated, Title 4, Chapter 3, is amended by adding the
following as a new part:
Part 29. Department of the Tennessee emergency management authority ("TEMA").
4-3-2901. Creation.
There is created the department of the Tennessee emergency management
authority ("TEMA").
4-3-2902. Commissioner.
The department of TEMA is under the charge and general supervision of the
commissioner of TEMA.
4-3-2903. Powers and duties.
The commissioner of TEMA is vested with such powers and required to perform
such duties as are set forth in title 58, chapter 2, and is charged with the administration
of such laws as the general assembly from time to time may enact.
4-3-2904. Continuing effect of contracts and leases.
(a) Contracts or leases entered into prior to the effective date o'f this act, with
respect to any program or function transferred to the department of TEMA with any
entity, corporation, agency, enterprise, or person, continue in full force and effect as to
all essential provisions in accordance with the terms and conditions of the contracts in
existence on the effective date of this act, to the same extent as if such contracts had
originally been entered into by and between such entity, corporation, agency, enterprise,
or person and the department of TEMA, unless and until such contracts or leases are
amended or modified by the parties thereto or until the expiration of such contract.
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(b) This part must not be implemented in any manner that violates the prohibition
against impairment of contract obligations as contained in the Constitution of
Tennessee, Article I, § 20.
4-3-2905. Continuing effect of current rules, orders, decisions, and policies.
All current rules, orders, decisions, and policies issued or promulgated by the
Tennessee emergency management agency under title 58, chapter 2, remain in full
force and effect and must be administered and enforced by the department of TEMA. To
this end, the department of TEMA, through its commissioner, may, consistent with the
statutes and rules pertaining to the programs and functions transferred by this section,
modify or rescind orders, rules, decisions, or policies so issued and to adopt, issue, or
promulgate new orders, rules, decisions, or policies as may be necessary for the
administration of the programs or functions transferred by this section.
SECTION 5. Tennessee Code Annotated, Section 4-29-249(a), is amended by deleting
subdivision (32) and by inserting the following as a new subdivision:
( ) Department of the Tennessee emergency management authority, created by §
4-3-2901;
SECTION 6. Tennessee Code Annotated, Section 9-4-215(a), is amended by deleting
"Tennessee emergency management agency" wherever it appears and substituting "department
of TEMA".
SECTION 7. Tennessee Code Annotated, Section 9-4-216, is amended by deleting
"Tennessee emergency management agency" wherever it appears in subsections (a), (d), and
(e) and substituting "department of TEMA".
SECTION 8. Tennessee Code Annotated, Section 16-3-818(a)(18), is amended by
deleting the subdivision and substituting:
(18) Commissioner of TEMA or a designee; and
SECTION 9. Tennessee Code Annotated, Section 39-13-902, is amended by deleting
"Tennessee emergency management agency" wherever it appears in subdivision (a)(22) and
subsection (c) and substituting "department of TEMA" and by deleting the language "created in
§ 58-2-104" in subdivision (a)(22) and substituting "created in § 4-3-2901".
SECTION 10. Tennessee Code Annotated, Section 39-17-1315(a)(1)(A)(ii), is amended
by deleting the subdivision and substituting:
(ii) Any commissioner or full-time employee of the department of TEMA in the
performance of the commissioner's or employee's duty;
SECTION 11. Tennessee Code Annotated, Section 55-8-199(d)(4), is amended by
deleting "agency".
SECTION 12. Tennessee Code Annotated, Section 58-1-114, is amended by deleting
"and the emergency management agency,".
SECTION 13. Tennessee Code Annotated, Section 58-2-101, is amended by deleting
subdivision (1), by deleting "TEMA" in subdivision (9) and substituting "the department", by
deleting "the agency" in subdivision (11) and substituting "the department", and by adding the
following as new subdivisions:
( ) "Commissioner" means the commissioner of TEMA;
( ) "Department" means the department of TEMA;
SECTION 14. Tennessee Code Annotated, Section 58-2-103(a)(1), is amended by
deleting the subdivision and substituting:
(1) Create a state emergency management department, to be known as the
department of the Tennessee emergency management authority ("TEMA"), to authorize
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the creation of local organizations for emergency management in the political.
subdivisions of the state, and to authorize cooperation with the federal government and
the governments of other states;
SECTION 15. Tennessee Code Annotated, Section 58-2-103(a)(2), is amended by
deleting "TEMA" and substituting "the department".
SECTION 16. Tennessee Code Annotated, Section 58-2-104, is amended by deleting
the section and substituting:
(a) The department shall authorize the creation of local organizations for
emergency management in the political subdivisions of this state, and authorize
cooperation with the federal government and the governments of other states.
(b) The commissioner, subject to the direction and control of the governor, is the
executive head of the department and is responsible to the governor for carrying out the
program for the department for this state. The commissioner shall coordinate the
activities of all organizations for the department within this state and shall maintain
liaison with and cooperate with emergency management agencies and organizations of
other states and of the federal government. The department of the military is a resource
for this state as with all other departments and agencies; further, the commissioner shall
make recommendations to the governor for the use of the national guard and other state
resources as disaster conditions mandate, including, but not limited to, the assistance of
local and private agencies. The commissioner shall coordinate with the governor's office
on the activation or the potential activation of any mutual aid agreement or compact.
(c) The commissioner may employ such area directors and professional,
technical, clerical, and other personnel, and the commissioner shall fix their
compensation and may make expenditures from available funds appropriated for the
department or from funds made available to the commissioner for purposes of
emergency management, as may be necessary to carry out this chapter. The
commissioner must be provided with necessary and appropriate office space, furniture,
supplies, printing, and equipment, including, but not limited to, radio, radiological, and
any and all other proper equipment necessary to carry out the emergency management
program for this state. The necessary mileage, office expenses, salaries of personnel,
postage, telephone, and expressage must be chargeable to any funds available for
emergency management.
SECTION 17. Tennessee Code Annotated, Section 58-2-106, is amended by:
(1) Deleting "director of the agency" in subsection (a) and substituting
"commissioner";
(2) Deleting "The agency is responsible for carrying out this chapter. In
performing its duties under this chapter, the agency" and substituting "The department is
responsible for carrying out this chapter. In performing its duties under this chapter, the
department";
(3) Deleting "the agency" in subdivisions (b)(1) and (b)(1 )(D) and substituting "the
department"; and
(4) Deleting "agency is" wherever it appears in subsection (a) and substituting
"department is".
SECTION 18. Tennessee Code Annotated, Section 58-2-107, is amended by deleting
"agency" in subsections (h) and (i) and substituting "department".
SECTION 19. Tennessee Code Annotated, Section 58-2-107(k), is amended by deleting
the subsection and substituting:
(k) The governor may delegate to the commissioner the authority to declare a
state of emergency in order that certain commercial vehicles engaged in the distribution
of electric power, the supply of fuel, or telecommunications services to residences and
businesses may be considered to be participating in an emergency relief effort for the
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purpose of the federal hours-of-service regulations promulgated by the federal motor
carrier safety administration. Pursuant to the delegation of authority granted by this
subsection (k), the commissioner may declare a state of emergency prospectively in
anticipation of an emergency.
SECTION 20. Tennessee Code Annotated, Section 58-2-108, is amended by:
(1) Deleting "director of TEMA" in subsections (b) and (f) and substituting
"commissioner";
(2) Deleting "TEMA must define" and substituting "The department must define"
in subsection (a);
(3) Deleting "TEMA, in consultation with" and substituting "The department, in
consultation with" in subsection (f);
(4) Deleting "TEMA may" and substituting "The department may" in subsection
(f);
(5) Deleting "TEMA" and substituting "the department" wherever it appears in
subsections (b), (c), (d), and (e); and
(6) By deleting "director's" in subsection (b) and substituting "commissioner's".
SECTION 21. Tennessee Code Annotated, Section 58-2-109, is amended by deleting "a
state emergency management agency" in subsection (b) and substituting "the department" and
by deleting "the agency" wherever it appears in subsection (d) and substituting "the
department".
SECTION 22. Tennessee Code Annotated, Section 58-2-110, is amended by deleting
"TEMA" in subdivisions (1 )(A) and (1 )(8) and substituting "the department".
SECTION 23. Tennessee Code Annotated, Section 58-2-111, is amended by deleting
the section and substituting:
Notwithstanding another law to the contrary, a person being housed in a camp or
shelter organized or maintained by the federal emergency management agency, the
department, or a local emergency management agency, or pursuant to an action taken
by such entities, may possess a mobile telephone.
SECTION 24. Tennessee Code Annotated, Section 58-2-113, is amended by deleting
"TEMA is" in subsection (a) and substituting "The department is", by deleting "of TEMA" in
subsection (a) and substituting "of the department", and by deleting "TEMA" in subdivision (b)(3)
and substituting "the department".
SECTION 25. Tennessee Code Annotated, Section 58-2-114, is amended by deleting
"director of TEMA" and substituting "commissioner" and by deleting "to the director" and
substituting "to the commissioner".
SECTION 26. Tennessee Code Annotated, Section 58-2-115, is amended by deleting
"TEMA" in subsections (b) and (e) and substituting "the department" and by deleting "agency"
wherever it appears in subsection (d) and substituting "department".
SECTION 27. Tennessee Code Annotated, Section 58-2-116, is amended by deleting
"TEMA" in subsections (b) and (c) and substituting "the department" and by deleting "agency" in
subdivision (c)(3) and substituting "department".
SECTION 28. Tennessee Code Annotated, Section 58-2-118(a), is amended by deleting
"TEMA" and substituting "the department" and by deleting "the agency" and substituting "the
department".
SECTION 29. Tennessee Code Annotated, Section 58-2-121, is amended by deleting
"TEMA" and substituting "the department".
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SECTION 30. Tennessee Code Annotated, Section 58-2-123, is amended by deleting
"TEMA" in subsection (c) and substituting "the department", by deleting "director of the agency
or the director's" in subsection (d) and substituting "commissioner or the commissioner's", by
deleting "agency" in subdivision (d)(1) and substituting "department", and by deleting "director"
in subdivision (d)(4) and substituting "commissioner".
SECTION 31. Tennessee Code Annotated, Section 58-2-124, is amended by deleting
"Tennessee emergency management agency" and substituting "department".
SECTION 32. Tennessee Code Annotated, Section 58-2-127, is amended by deleting
"the TEMA" wherever it appears in subdivision (f)(2) and substituting "the department" and by
deleting "TEMA" wherever it appears in subdivisions (e)(4), (f)(1), and (f)(2) and substituting "the
department".
SECTION 33. Tennessee Code Annotated, Section 58-2-501 (b), is amended by deleting
"director of the Tennessee emergency management agency" and substituting "commissioner".
SECTION 34.
(a) Tennessee Code Annotated, Section 58-2-601, is amended by deleting the
section and substituting:
Notwithstanding another law to the contrary, in addition to any reports
required by law, any person who is transporting hazardous materials and
placarded as carrying such materials as required by rules of the department of
safety or department of transportation, or both, shall report any accident or
incident in which such materials are released from the container in which such
materials are being transported to the department of TEMA as soon as
practicable after such accident or incident. Any other person having knowledge of
such accident or incident shall also report such accident or incident to the
department of TEMA.
(b) The Tennessee code commission is requested to revise the heading for
Tennessee Code Annotated, Section 58-2-601, to more accurately reflect the change
made pursuant to SECTION 34(a).
SECTION 35. Tennessee Code Annotated, Section 58-2-602, is amended by deleting
"such agency" and substituting "the department".
SECTION 36. Tennessee Code Annotated, Section 58-2-603, is amended by deleting
"Tennessee emergency management agency" and substituting "department".
SECTION 37. Tennessee Code Annotated, Section 58-2-802, is amended by deleting
"the department or TEMA" in subdivisions (a)(4)(A) and (a)(4)(8) and substituting "the
department of health or the department of TEMA" and by deleting subdivision (a)(19).
SECTION 38. Tennessee Code Annotated, Section 58-2-804, is amended by deleting
"TEMA" in subsection (a) and subdivision (c)(1) and substituting "the department".
SECTION 39. Tennessee Code Annotated, Section 58-2-805, is amended by deleting
"TEMA" wherever it appears in subdivision (a)(4)(D) and subsection (b) and substituting "the
department".
SECTION 40. Tennessee Code Annotated, Section 58-2-808(c), is amended by deleting
"TEMA" and substituting "The department".
SECTION 41. Tennessee Code Annotated, Section 58-2-809(b), is amended by deleting
"TEMA" and substituting "The department".
SECTION 42. Tennessee Code Annotated, Section 58-2-810, is amended by deleting
the section and substituting:
The department of TEMA may promulgate emergency rules to implement this
part in accordance with the Uniform Administrative Procedures Act, compiled in title 4,
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chapter 5. In doing so, the department of TEMA shall consult with the department of
health and shall consult with and consider the recommendations of any other entity
established to coordinate the implementation of the emergency management assistance
compacts and shall also consult with and consider rules promulgated by similarly
empowered agencies in other states to promote uniformity of application of this part and
make the emergency response systems in the various states reasonably compatible.
SECTION 43. Tennessee Code Annotated, Section 58-2-904(e), is amended by deleting
"the director" and substituting "the commissioner".
SECTION 44. Tennessee Code Annotated, Section 58-2-905, is amended by deleting
"agency" wherever it appears and substituting "department".
SECTION 45. Tennessee Code Annotated, Section 58-8-111 (f), is amended by deleting
"the Tennessee emergency management agency (TEMA)" in subsection (f) and substituting "the
department of TEMA" and by deleting "the request of TEMA" and substituting "the request of the
department of TEMA".
SECTION 46. Tennessee Code Annotated, Section 58-8-112, is amended by deleting
"the request of TEMA" and substituting "the request of the department of TEMA".
SECTION 47. Tennessee Code Annotated, Section 58-8-113, is amended by deleting
"TEMA" and substituting "the department".
SECTION 48. Tennessee Code Annotated, Section 58-9-104(2), is amended by deleting
"the emergency management agency" and substituting "the department of TEMA1'.
SECTION 49. Tennessee Code Annotated, Section 62-2-109(c)(3), is amended by
deleting "director or the director's assistants of the emergency management agency" and
substituting "commissioner of TEMA and employees of the department of TEMA acting at the
specific direction of the commissioner of TEMA".
SECTION 50. Tennessee Code Annotated, Section 65-15-114, is amended by deleting
"emergency management agency" in subsection (b) and substituting "department of TEMA" and
by deleting "Tennessee emergency management agency" in subdivision (c)(3) and substituting
"department of TEMA".
SECTION 51. Tennessee Code Annotated, Section 68-202-104(c), is amended by
deleting "Tennessee emergency management agency" and substituting "department of TEMA".
SECTION 52. Tennessee Code Annotated, Section 68-212-311, is amended by deleting
"Tennessee emergency management agency" and substituting "department of TEMA".
SECTION 53. Tennessee Code Annotated, Section 71-4-2103(a), is amended by
deleting "Tennessee Emergency Management Agency" and substituting "department of TEMA".
SECTION 54. 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 55. This act takes effect July 1, 2026, the public welfare requiring it.
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HOUSE BILL NO. 2560
PASSED: April 22, 2026
CAMERON SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
n
RANDY MCN~LY
SPEAKER OF THE SENlTE
1 APPROVED this 1J.,,.J. day of ('l\aA 2026
&uU<: -
BILL LEE, GOVERNOR
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