Regional Authorities and Special Districts

Plain English Breakdown

Checked against official source text during the last sync.

Traffic Enforcement on Private Roadways at West Tennessee Megasite

This bill allows the Megasite Authority of West Tennessee and local law enforcement agencies to create agreements for enforcing traffic laws on private roadways within the megasite.

What This Bill Does

• Allows the Megasite Authority of West Tennessee and a county or municipality's law enforcement agency to enter into an agreement for traffic enforcement on private roads inside the megasite.
• Requires these agreements to include details like legal descriptions, traffic control devices, and clear notices at entrances.
• Specifies that designated private roadways under such agreements will be treated as public highways for traffic law purposes.
• Gives peace officers from participating agencies the power to patrol, enforce laws, issue citations, and impose fines on these roads.
• Clarifies that entering into or exercising authority under an agreement does not change ownership or maintenance responsibilities.

Who It Names or Affects

• The Megasite Authority of West Tennessee
• Local law enforcement agencies in counties or municipalities where the megasite is located
• Owners and operators of private roadways within the megasite

Terms To Know

MUTCD

Manual on Uniform Traffic Control Devices, a set of guidelines for traffic signs and signals.

Sworn peace officers

Law enforcement officials who have taken an oath to uphold the law.

Limits and Unknowns

• The fiscal impact of these agreements cannot be determined with certainty due to multiple variables.
• Private security personnel are not allowed to enforce traffic laws under this bill.

Official Summary Text

This bill authorizes the Megasite Authority of West Tennessee (the "authority") and a law enforcement agency of a county or municipality in which the megasite is located to enter into a written agreement authorizing sworn peace officers of such agency, o
n one or more designated private megasite roadways identified in the agreement, to enforce laws relative to the rules of the road, vehicle equipment and lighting regulations, and vehicle accidents, vehicular crimes, alcohol and drug related offenses, drag
r
acing, and penalties and procedures for such accidents and offenses. Such an agreement must be approved by the authority's board of directors and approved by resolution or ordinance, as applicable, of the governing body of the participating county or mun
icipality.

Further, this bill requires such an agreement to (i) attach a legal description or map of each designated private megasite roadway subject to enforcement; (ii) require the owner or operator of each roadway to install and maintain traffic-control devices
and speed-limit signs that conform to the Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the department of transportation; (iii) require conspicuous notice at each vehicular entrance to the designated roadways that state and local traffic
l
aws are enforced by the named law enforcement agency; and (iv) specify the term of the agreement and provide termination rights for either party upon at least 30-days' written notice.

For the limited purpose of enforcing this bill, this bill (i) requires each designated private megasite roadway subject to an agreement to be deemed a "highway"; (ii) requires traffic-control devices installed and maintained pursuant to this bill to be "
official traffic-control devices" for purposes of law relative to motor vehicles; and (iii) authorizes sworn peace officers of the contracting law enforcement agency to patrol, enforce traffic laws, issue citations for violations thereof, and impose fines
i
n accordance with state law or county or municipal ordinance, as appropriate, on a designated private megasite roadway to the same extent as on a public street.

This bill provides that entering into or exercising authority under an agreement does not dedicate a roadway to public use, create a public right of access, or otherwise affect title. A governmental entity does not, by virtue of an agreement, assume own
ership, design, construction, or maintenance responsibility for a designated private megasite roadway. Further, this bill clarifies that its provisions do not authorize private security personnel to exercise law-enforcement powers.

ON MARCH 9, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1772, AS AMENDED.

AMENDMENT #1 clarifies that the bill does
not prohibit law enforcement agencies with concurrent jurisdiction from enforcing traffic laws on a designated private megasite roadway.

Current Bill Text

SENATE BILL 1772
By Walley

HOUSE BILL 1739
By Shaw
HB1739
011561
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 54
and Title 64, Chapter 9, relative to enforcement of
traffic laws on designated private roadways within
the megasite of West Tennessee.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 64, Chapter 9, is amended by adding
the following as a new section:
64-9-116. Enforcement of traffic laws on designated private megasite roadways by
agreement.
(a) As used in this section, "designated private megasite roadway" means a
privately owned street, road, or driveway located within the megasite that:
(1) Has not been dedicated to or accepted by a governmental entity as a
public street or highway; and
(2) Is identified by metes and bounds, centerline description with width,
or a map attached to and incorporated in an agreement executed under this
section.
(b) Notwithstanding § 55-8-102 or another law to the contrary, the authority and
a law enforcement agency of a county or municipality in which the megasite is located
may enter into a written agreement authorizing sworn peace officers of the law
enforcement agency to enforce title 55, chapters 8, 9, and 10, parts 1-5, on one (1) or
more designated private megasite roadways identified in the agreement.
(c) An agreement under this section must be:
(1) Approved by the authority's board of directors; and

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(2) Approved by resolution or ordinance, as applicable, of the governing
body of the participating county or municipality.
(d) An agreement under this section must:
(1) Attach a legal description or map of each designated private megasite
roadway subject to enforcement;
(2) Require the owner or operator of each roadway to install and maintain
traffic-control devices and speed-limit signs that conform to the Manual on
Uniform Traffic Control Devices (MUTCD) as adopted by the department of
transportation;
(3) Require conspicuous notice at each vehicular entrance to the
designated roadways that state and local traffic laws are enforced by the named
law enforcement agency; and
(4) Specify the term of the agreement and provide termination rights for
either party upon at least thirty (30) days' written notice.
(e) For the limited purpose of enforcing subsection (b):
(1) Each designated private megasite roadway subject to an agreement
under this section is deemed a "highway," as defined in § 55-8-101;
(2) Traffic-control devices installed and maintained pursuant to
subdivision (d)(2) are "official traffic-control devices" for purposes of title 55; and
(3) Sworn peace officers of the contracting law enforcement agency may
patrol, enforce traffic laws, issue citations for violations thereof, and impose fines
in accordance with state law or county or municipal ordinance, as appropriate, on
a designated private megasite roadway to the same extent as on a public street.
(f)

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(1) Entering into or exercising authority under an agreement does not
dedicate a roadway to public use, create a public right of access, or otherwise
affect title.
(2) A governmental entity does not, by virtue of an agreement, assume
ownership, design, construction, or maintenance responsibility for a designated
private megasite roadway.
(g) This section does not authorize private security personnel to exercise law-
enforcement powers.
SECTION 2. 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 3. This act takes effect upon becoming a law, the public welfare requiring it.