Tennessee § 54-5-1301 - Establishment of program — Contracts.

§ 54-5-1301. Establishment of program — Contracts.

The department of transportation is authorized to conduct a tourist oriented directional signs program, referred to as TODS, within the right-of-way of state highways by either the entry into administrative service and construction contracts or by the administration of the program with department personnel, at the option of the department. Contracts for administrative and construction services shall be subject to former §§ 12-4-109 — 12-4-111 [See the Compiler’s Notes]. Contracts for administrative or construction services shall include provisions requiring appropriate corporate surety performance bond, security or cash. Contracts for the services shall be awarded based on an objective, competitive bid basis to the lowest responsible bidder. Should the commissioner determine that it is in the best interest of the state for the department to conduct the program set forth in this part through the award of an administrative service or construction contract or contracts, the scope of the services provided by the contracts shall be at the discretion of the commissioner. TODS shall be available to lawful cultural, historical, recreational, agricultural, educational, or entertaining activities, state and national parks, and commercial activities that are unique and local in nature, and the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity. Notwithstanding this chapter or any other law to the contrary, the department shall have sole and exclusive jurisdiction over the design, erection, installation, and maintenance of tourist oriented directional signs (“TODS signs”) located within the right-of-way of any highway designated as part of the state highway system, including TODS signs within the corporate limits of municipalities. As used in this part, “tourist oriented directional signs” or “TODS signs” refer only to the specific category of guide signs authorized in the Manual on Uniform Traffic Control Devices for use on rural conventional roads to display business identification and directional information for eligible tourist-oriented facilities. TODS signs do not include specific service signs as authorized in part 11 of this chapter, community wayfinding signs, or other types of guide signs authorized in the Manual on Uniform Traffic Control Devices. Acts 1993, ch. 505, § 2; 1995, ch. 518, § 2; 2016, ch. 892, § 1. Compiler's Notes. Former §§ 12-4-109 – 12-4-111 , referred to in this section, were recodified by Acts 2013, ch, 403, effective July 1, 2013. Provisions similar to former § 12-4-109 were transferred to other sections within title 12, ch. 3, parts 1, 3, and 5. Provisions similar to former §§ 12-4-110 and 12-4-111 were transferred to §§ 12-3-303 and 12-3-302 , respectively. Acts 1996, ch. 1000, § 2 provided for the repeal of Acts 1995, ch. 518, § 6 concerning the inapplicability of that act to any scenic highway compiled in title 54, chapter 17, part 1. Amendments. The 2016 amendment added (c) and (d). Effective Dates. Acts 2016, ch. 892, § 5. April 27, 2016. Cross-References. Specific service signs, title 54, ch. 5, part 11. Collateral References. Highways 153 et seq.