Tennessee § 7-69-102 - Creation of tourism development authority — Chapter definitions.

§ 7-69-102. Creation of tourism development authority — Chapter definitions.

Any municipality or county incorporated or existing under the laws of Tennessee, or any combination of any municipality or county incorporated or existing under the laws of Tennessee has authority to establish a tourism development authority, hereafter referred to as “authority,” within the area of the local governments establishing the authority. The establishment of such an authority may also include the participation of a local chamber of commerce in such manner and to the extent authorized by the local governments creating the authority. It is declared that any tourism development authority created pursuant to this chapter: Is a public body corporate and politic, performing a public function on behalf of its creating municipalities; Is a public and governmental body acting as an agency and instrumentality of the municipality or county or any combination of any municipality or county with respect to which the authority is organized; and That the acquisition, operating and financing of any project by such authority is declared to be for a public and governmental purpose and a matter of public necessity. The authority and all properties at any time owned by it, and the income and revenues from such properties, and all bonds issued by the authority, and the income from the bonds, shall be exempt from all state, county and municipal taxation except for inheritance, transfer and estate taxes, and except as otherwise provided in this code. For purposes of the Tennessee Securities Act of 1980, compiled in title 48, chapter 1, part 1, bonds issued by the authority shall be deemed to be securities issued by a public instrumentality or a political subdivision of the state of Tennessee. An authority shall come into existence under the terms of this chapter when any government votes or a combination of governments specified in subsection (a) each vote by majority vote of its governing body to establish an authority. Evidence of such authorization shall be proclaimed and countersigned by the presiding officer of each participating county or municipality and certified by such officer to the secretary of state. The governing bodies of all governments voting to become members of an authority shall indicate their willingness to appropriate sufficient funds to provide for the initial administration of the authority as a part of the authorization process. The creating municipality or municipalities are authorized to provide funding and appropriate money to the authority in such manner as directed by the governing bodies, which may include appropriation from the general fund or from an occupancy tax imposed by the municipality or municipalities to the extent authorized by the governing body of each such municipality. As used in this chapter: “Board” means the board of directors of the authority; “Governing body” means the legislative body of the creating municipality or municipalities; “Municipality” means any municipality or county incorporated or existing under the laws of Tennessee, or any combination of any municipality or county incorporated or existing under the laws of Tennessee; “Project” means any facilities or group of facilities to be owned or controlled (either through ownership, lease or an easement) by the authority or other governmental entity and that is available for use by the public including, without limitation, visitor centers, recreational facilities such as greenways and trails, and other governmentally-owned tourist attractions; provided, that any such project shall be determined by the authority to promote tourism in the municipality or municipalities creating the authority; and “Tourism” means the planning and conducting of programs of information and publicity designed to attract tourists, visitors and other interested persons from outside the area of the municipality or municipalities creating the authority and also encouraging and coordinating the efforts of other public and private organizations or groups of citizens to publicize the facilities and attractions of the area, and shall also include the acquisition, construction, and remodeling of facilities useful in the attraction and promoting of tourists, conventions, and recreational business. Acts 2012, ch. 846, § 3; 2014, ch. 932, § 1. Attorney General Opinions. T.C.A. § 7-69-102(a)(1) imposes no express limit on the number of tourism development authorities that a municipality or county may establish. OAG 15-54, 2015 Tenn. AG LEXIS 54 (7/1/15).