Tennessee Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Tennessee, with full citations and the original source on every page.
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Was the 2012 Tennessee law forcing Memphis Light, Gas & Water to pay PILOTs directly to Shelby County constitutional?
Mostly no. The AG concluded Chapter 984 cleared the local-approval, home-rule, and charter-county hurdles, but flagged it as likely unconstitutional under Article XI, Section 8 because there was no ra…
Did Tennessee's 2012 overhaul of the Tennessee Regulatory Authority abolish the agency, and how do its new appointment rules work?
The TRA continues as the same legal entity; Chapter 1070 of 2012 Tenn. Pub. Acts reorganized its membership rather than abolishing it. Continuing directors do not need re-confirmation, but new appoint…
Can a Tennessee municipal electric system that offers Internet and TV service borrow against non-electric assets like a private cable company would?
Yes. The Tennessee AG concluded that once the municipal legislative body has authorized the municipal electric system to provide Internet and video programming services under Tenn. Code Ann. §§ 7-52-6…
Can a Tennessee school board extend its director of schools' contract while the contract is still running?
Yes. The Tennessee AG concluded that Tenn. Code Ann. § 49-2-203(a)(14)(C), as amended after the AG's 2001 opinion, now lets school boards extend the contract of the director of schools mid-term, provi…
Is Tennessee's 2012 law letting school districts sponsor charter schools constitutional?
Yes. The Tennessee AG concluded that Chapter 1065 of 2012 Tenn. Pub. Acts is not facially unconstitutional. Allowing LEAs to sponsor charter schools (with the state board of education as chartering au…
If a Tennessee local school board fails to act on an amended charter school application, is it approved or denied?
Approved. The Tennessee AG concluded that effective July 1, 2012, Tenn. Code Ann. § 49-13-108(a)(2), as revised by 2012 Tenn. Pub. Acts ch. 1021, deems an amended charter school application approved i…
If a Tennessee county withdraws from TCRS, can its school district still participate for non-teacher employees?
No. The Tennessee AG concluded that a Tennessee school system cannot participate in TCRS for non-teacher employees if the county itself has withdrawn. Participation in TCRS depends on the chief legisl…
Who counts as an 'official' under Tennessee's county purchasing conflict-of-interest rule, and can recusal cure a conflict?
The Tennessee AG concluded that 'other officials of the county' in Tenn. Code Ann. § 5-14-114(a) covers those appointed to non-statutory committees with a defined term of office, but not appointees la…
If a new Tennessee municipal school district is formed, how does the county distribute property tax money to it?
On a weighted full-time-equivalent average daily attendance (WFTEADA) basis. The Tennessee AG concluded that Tenn. Code Ann. § 49-3-315(a) requires Shelby County (and other Tennessee counties responsi…
Can a 17-year-old in Tennessee leave high school to enroll in a GED program?
Yes. The Tennessee AG concluded that Tenn. Code Ann. § 49-6-3001(c)(2)(B) lets a 17-year-old enroll in a state-approved GED program in fulfillment of Tennessee's compulsory school attendance requireme…
If there's a tie vote in a Tennessee single-county election, can a runoff replace the county commission's deciding vote?
No. The Tennessee AG concluded that Tenn. Code Ann. § 2-8-111(1) is the exclusive way to resolve a tie vote in a single-county or civil-district election: the county legislative body 'shall cast the d…
Can a Tennessee district public defender hire his brother-in-law as an investigator if he's not the direct supervisor?
No. The Tennessee AG concluded that the State Employees Uniform Nepotism Policy Act prohibits a district public defender from employing a brother-in-law as an investigator, even when day-to-day superv…
Can Tennessee city or county council members discuss public business over dinner without violating the Open Meetings Act?
Two or more members of a Tennessee governing body sharing a meal and discussing public business potentially raises an Open Meetings Act issue. The discussion is allowed if it does not amount to 'delib…
Are Tennessee's residency requirements for alcohol wholesalers and retailers unconstitutional?
Yes. The Tennessee AG concluded that the residency and corporate-asset-location requirements in Tenn. Code Ann. §§ 57-3-203 and 57-3-204 (for wholesale and package retail alcohol licenses) violate the…
Do Tennessee's 2011 damage caps apply to medical malpractice cases against doctors and nurses at public hospitals?
The Tennessee Civil Justice Act of 2011's caps on noneconomic and punitive damages apply to health care liability actions generally, but yield to the Tennessee Claims Commission Act for state defendan…
Can a Tennessee county mayor veto the county commission's appointments to the sheriff's civil service board?
No. The Tennessee AG concluded the county mayor has no veto over board appointments. The board acts with a quorum of two of three members. The mayor must designate the chair each year as new appointme…
When recalling a Tennessee district officeholder, do you need signatures from 15% of the whole city or county, or just the district?
The whole city or county. The Tennessee AG concluded Tenn. Code Ann. § 2-5-151(d) requires 15% of the registered voters of the entire municipality or county, even when the recall targets a single-dist…
Can Tennessee exempt LLC-owned low-income housing from property tax under the state constitution?
No. The Tennessee AG concluded SB2944 would have been unconstitutional under Tenn. Const. art. II, § 28 because the exemption is reserved for charitable organizations that both own and use property fo…
When can a Tennessee beer wholesaler remove and replace beer at a retailer for 'quality control' reasons, and what other refunds are allowed?
A wholesaler may pull and replace beer from a retailer at any time after delivery if the wholesaler determines the beer fails 'quality control standards' (deterioration or improper packaging/handling)…
Can the Tennessee Historical Commission pay for journals published by private historical societies?
Yes. The Tennessee AG concluded that Tenn. Code Ann. § 4-11-103(b)(2), which authorizes the Historical Commission to administer public funds 'for historical purposes,' is broad enough to fund journals…
When a Tennessee defendant pays a fine in installments, can the court hold them in contempt if the payments are applied to court costs first?
No. The Tennessee AG concluded that Tenn. Code Ann. § 40-24-105(a) requires clerks to credit each installment to litigation taxes first, then court costs, then the fine. A defendant who follows the in…
Does Tennessee owe rollback property taxes when it buys greenbelt land using the Wetlands Acquisition Fund?
No. The Tennessee AG concluded that the rollback-tax obligation does not apply when the state acquires greenbelt land through the Wetlands Acquisition Fund, because the fund cannot use eminent domain …
Can the Tennessee Department of Labor exempt an employer from paying private-sector wages on time?
No. The Tennessee AG concluded that no statute lets an employer or the Commissioner of Labor grant an exemption from the wage-payment rule in Tenn. Code Ann. § 50-2-103(a). The Commissioner can decide…
If a Tennessee charter school moves to a bigger building, can it enroll more students than its charter agreement allows?
No. The Tennessee AG concluded that if a charter agreement caps student enrollment, the charter school is bound by that cap until the agreement is amended through the statutory process. Moving to a la…
Can a Tennessee church run a Parents' Day Out program more than two days a week if no individual child attends more than two days?
No. The Tennessee AG concluded that the licensure exemption in Tenn. Code Ann. § 71-3-503(a)(7) limits the church's program itself to no more than two days per week and six hours per day. The exemptio…
Can Tennessee require workers' comp pain-management recipients to agree to random drug testing as a condition of treatment?
No. The AG concluded that a bill (SB3315/HB3372) conditioning pain-management treatment on signing a random-drug-testing agreement was likely unconstitutional under the Fourth Amendment and Tennessee …
What interior design work can a non-registered designer do in Tennessee without an architect or engineer, and can interior designers use their own seal on plans?
Non-registrants may prepare non-structural interior design plans (finishes, furnishings, non-load-bearing partitions), but anything affecting life safety, structural elements, or requiring a building …
After amendments, does Tennessee's drug-testing-for-TANF bill still raise Fourth Amendment problems?
Yes for one amendment, no for the other. Amendment 2 still violated the Fourth Amendment because a five-year-old arrest or conviction alone isn't reasonable suspicion of current drug use. Amendment 3,…
Can Tennessee require people challenging an equine slaughter license to post a bond worth 20% of the facility's cost just to file suit?
Probably not, the opinion said. HB 3619/SB 3461 required anyone challenging an equine slaughter facility license to post a surety bond equal to 20% of the facility's building cost or operational cost,…
Can a Tennessee city councilmember who is also a state employee retire from state employment, draw TCRS benefits, and stay on the city council?
No, the opinion said. Because the council seat itself triggered TCRS membership, the councilmember could not simultaneously contribute to TCRS and collect benefits. The exception in Tenn. Code Ann. § …
Can a Tennessee court order child support between separated married parents who don't have a divorce or separation decree yet?
Yes, the opinion said. Tennessee courts had several statutory paths to ordering child support before any decree of divorce or separation. Tenn. Code Ann. § 36-5-101(a)(2) gave broad authority. Section…
Can Tennessee require drug tests for people applying for welfare or other public assistance benefits?
Not as broadly as the bills proposed. The opinion concluded that federal law (Title XIX of the Social Security Act, the TennCare waiver, the federal Food Stamp program) bars conditioning eligibility o…
Could Tennessee require employers and landowners to allow employees and customers to store firearms in locked vehicles on their parking lots, despite the property owner's rules?
Yes, the opinion said. SB 3002 / HB 3560 was constitutionally defensible against challenges based on OSHA preemption, the Takings Clause, and substantive due process. Two appellate courts (10th Circui…
Before the 2013-14 school year, could a Shelby County municipality take any action to start its own school district, like holding a referendum or hiring staff?
No, the opinion said. Until the transition of Memphis City Schools into Shelby County Schools was actually complete, Tennessee statutes (Tenn. Code Ann. §§ 6-58-112(b), 49-2-501(b)(3), 49-2-502(a)(3))…
Can a Tennessee sheriff collect a $5 fee from a surety before releasing a defendant on bail, and can the sheriff reject the bond if the fee isn't paid?
Yes to both. The opinion concluded that Tenn. Code Ann. § 8-21-901(a)(3)(C) authorized sheriffs to charge a $5 fee for each bail bond, collectible when the bond is issued and accepted. A surety who re…
If I sit on a Tennessee human resource agency board because of my elected office, must I resign that office to apply for the agency's executive director job?
Yes, the opinion said. Once a board member decided to pursue the agency's executive director position, the broad Tennessee conflict-of-interest statute (Tenn. Code Ann. § 12-4-101) required them to re…
Can Tennessee's legislature create a Class E felony where the only punishment is a fine, with no possibility of imprisonment?
Yes, the opinion said. Although fine-only felonies sit awkwardly next to the Criminal Sentencing Reform Act of 1989 (which envisions imprisonment for felonies), the legislature has the constitutional …
Must a Tennessee flight school be authorized by THEC, and is that state oversight preempted by federal FAA and veterans benefits law?
Yes, the opinion said, a flight school operating in Tennessee must be authorized by the Tennessee Higher Education Commission. Federal law likely preempts state regulation of flight course content and…
Can a Tennessee municipal electric board borrow money and pledge property to provide telecommunications services on its own, or does it need approval from the city or county?
The opinion concluded that an electric power board may exercise the telecommunications powers under Tenn. Code Ann. §§ 7-52-401 to -611, including borrowing money and pledging assets, only if the legi…
What does Tennessee's 'casual exchange' drug offense mean, and could the legislature add community service to the penalty?
The opinion defined 'casual exchange' as the spontaneous passing of a small amount of an illegal drug, regardless of whether money changed hands. It also concluded that House Bill 2285, which would ha…
Can a permit-holder bring a handgun into a Tennessee courtroom when no court is in session, and can the county screen visitors at administrative meetings?
The opinion concluded that Tenn. Code Ann. § 39-17-1306 only bans firearms in courtrooms when 'judicial proceedings are in progress.' During administrative meetings, a permit holder may carry unless t…
Can a Tennessee county use taxpayer money to run ads supporting a local sales tax increase on the ballot?
No, the opinion said. Tennessee had no specific statute authorizing the use of county funds to advocate for or against a local option sales tax referendum, and the AG followed other states in concludi…
Can a new Tennessee General Assembly revisit an election contest decided by the previous General Assembly, including to award attorney's fees?
No. The opinion concluded that Article II, Section 11 of the Tennessee Constitution gives each House of each General Assembly the sole power to judge the elections of its own members. A later General …
Can Tennessee bar religious and political nonprofits from partnering with the state Department of Safety without violating the Constitution?
Yes, the opinion concluded. The blanket exclusion of religious and political nonprofits from new partnership contracts with the Department of Safety and Homeland Security was constitutionally defensib…
Can Tennessee require existing red-light camera contracts to comply with future changes in state law without violating the Contract Clause?
Yes, the opinion said. Senate Bill 2779 would have required local governments to include a clause in red-light camera contracts saying the contracts must conform to future changes in state law. The AG…
Can the Tennessee Physical Therapy Board stop a chiropractor from advertising that they offer 'physical therapy' if no licensed PT is involved?
Yes. The opinion concluded the Physical Therapy Board could seek a court injunction and impose civil penalties up to $1,000 per violation against a chiropractor who advertised 'physical therapy' servi…
Can Tennessee pass a law letting (or requiring) water and sewer utilities to give senior citizens a discount on their bills?
Yes. The AG concluded the General Assembly could authorize or require local water and sewer utilities to offer senior citizen discounts. The Tennessee Constitution's equal-and-uniform clause applies t…
Is the Tennessee Housing Development Agency the only entity authorized by Tennessee law to administer the state's Project-Based Section 8 housing voucher contracts with HUD?
Yes. The AG concluded that THDA was the only Tennessee 'public housing agency' under 42 U.S.C. § 1437a(b)(6)(A) with the statutory authority to administer Project-Based Section 8 contracts on a statew…
Can the Tennessee Real Estate Commission require vacation rental management companies to post a $25,000 surety bond on top of the escrow requirements the Legislature already imposed?
No. The AG concluded that the Commission could not impose a blanket surety bond rule on vacation lodging service firms, because Tenn. Code Ann. § 62-13-104(b)(3)(C)-(D) already prescribes three specif…
When I appeal a Tennessee General Sessions Court decision to Circuit Court, do I have to post a surety bond on top of paying the clerk's costs, and which court decides whether I'm too poor to pay?
Yes on the bond. The AG concluded that paying costs to the General Sessions clerk under Tenn. Code Ann. § 8-21-401(a) did not satisfy the separate appeal-bond requirement in Tenn. Code Ann. § 27-5-103…
Can Tennessee suspend a doctor, nurse, or insurance agent's professional license because they fell behind on their student loans?
Yes, with proper process. The AG concluded that a bill suspending professional licenses for student-loan delinquency could survive constitutional scrutiny under rational-basis review. The state had a …
Does a police officer standing near a Tennessee red-light or speed camera make the device 'manned,' so that the statutory restrictions on automated enforcement no longer apply?
No. The AG concluded that a traffic enforcement camera remains 'unmanned' under Tenn. Code Ann. § 55-8-198 even when an officer is passively present, as long as the device collects evidence automatica…
Are tax records held by Tennessee cities and counties (like hotel/motel taxes and gross receipts taxes) confidential, or are they open public records?
It depends on the source of authority. The AG concluded Madison and Rhea County hotel/motel tax records were confidential because their authorizing private acts gave the clerks 'powers and duties' und…
Can the same person serve as a Tennessee county's finance director and as a member of the same county's school board?
Yes. The AG concluded that in counties using the County Financial Management System of 1981, the same person could hold both positions. The finance director is a county employee, not an official, so t…
Can a Tennessee county apply its wheel tax to only some categories of vehicles, set different rates for different vehicle types, or create its own exemptions?
Yes to all three. The AG concluded Tenn. Code Ann. § 5-8-102(b) lets counties pick which 'taxable by the state' vehicles bear the wheel tax, set different rates for different vehicle classes, and add …
What rights does someone who files a complaint against a Tennessee lawyer (especially a Board of Professional Responsibility member) have if the complaint is dismissed?
Limited rights. The AG concluded a complainant's rights under Tenn. Sup. Ct. Rule 9 are filing the complaint, getting notice of a recommendation of dismissal, and appealing once to the Board or Chief …
Does someone who cannot afford a lawyer have a right to a court-appointed attorney at a Tennessee probation revocation hearing?
Yes. The AG concluded that an indigent defendant facing probation revocation in Tennessee had a right to appointed counsel under Tenn. Code Ann. § 40-35-311(b) and Tennessee Supreme Court Rule 13, Sec…
Can two Tennessee city-owned electric systems team up under the Interlocal Cooperation Act to jointly provide cable, video, or internet service across their combined service areas?
Yes, within their existing service areas. The AG concluded that municipal electric boards could contract with each other under the Interlocal Cooperation Act to jointly exercise their authority to pro…
Would a Tennessee law requiring the governor to designate a 'Tennessee's Day of Prayer' violate the First Amendment's Establishment Clause?
No. The AG concluded that the proposed Tennessee's Day of Prayer legislation could not be successfully challenged under the Establishment Clause. The law imposed no obligation on citizens, paralleled …
Can a Tennessee county apply its courthouse-security litigation tax to some types of cases (or courts) and not others?
No. The AG concluded the privilege tax authorized by Tenn. Code Ann. § 67-4-601(b)(6) had to be levied on all civil and criminal cases in all courts within the county. The word 'all' in the statute de…
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Attorney general opinions in Tennessee are written by the Tennessee Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.