TCA § 29-20-102 — Chapter definitions

As used in this chapter, unless the context otherwise requires: “Claim” means any claim brought against a governmental entity or its employee as permitted by this chapter; “Employee” means and includes any official (whether elected or appointed), officer, employee or servant, or any member of any board, agency, or commission (whether compensated or not), or any officer, employee or servant thereof, of a governmental entity, including the sheriff and the sheriff's employees and, further including regular members of voluntary or auxiliary firefighting, police, or emergency assistance organizations; “Governmental entity” means any political subdivision of the state of Tennessee including, but not limited to, any municipality, metropolitan government, county, utility district, school district, nonprofit volunteer fire department receiving funds appropriated by a county legislative body or a legislative body of a municipality, human resource agency, community action agency or nonprofit corporation that administers the Head Start or Community Service Block Grant programs, public building authority, and development district created and existing pursuant to the constitution and laws of Tennessee, or any instrumentality of government created by any one (1) or more of the named local governmental entities or by an act of the general assembly. “Governmental entity” also means a nonprofit public benefit corporation or charitable entity, including any entity with tax exempt status under the Internal Revenue Code § 501(c)(3) (26 U.S.C. § 501(c)(3)), that is appointed by statute, ordinance, resolution, contract, or other governmental directive to develop, maintain, manage, and provide services and activities at government owned property that is a public park, including facilities located on park property; In any county having a population not less than eight hundred ninety-seven thousand four hundred (897,400) and not more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, “governmental entity” means any political subdivision of the state of Tennessee including, but not limited to, any municipality, county, utility district, school district, nonprofit volunteer fire department receiving funds appropriated by a county legislative body or a legislative body of a municipality, human resource agency, community action agency or nonprofit corporation that administers the Head Start or Community Service Block Grant programs, public building authority, development district created and existing pursuant to the constitution and laws of Tennessee, or any instrumentality of government created by any one (1) or more of the local governmental entities named in this subdivision (3)(B) or by an act of the general assembly, or nonprofit public benefit corporation operating a hospital whose voting board of directors or governing body is appointed, designated or elected by one (1) or more of the local governmental entities named in this subdivision (3)(B), and which hospital corporation either: Receives funds appropriated by a county legislative body or a legislative body of a municipality; or Receives or leases hospital real property from a county and/or municipality. Such hospital corporation shall be subject to the Open Meetings Law, compiled in title 8, chapter 44, and subject to the Open Records Law, compiled in title 10, chapter 7, to the extent that other local government hospitals and government hospital authorities are subject to such laws; This subdivision (3)(B) shall apply to all claims filed on or after July 1, 2003; and In any county having a population not less than five hundred sixty-nine thousand eight hundred (569,800) nor more than five hundred sixty-nine thousand nine hundred (569,900), according to the 2000 federal census or any subsequent federal census, “governmental entity” also means a nonprofit public benefit corporation or charitable entity, including an entity with tax exempt status under Internal Revenue Code § 501(c)(3), codified in 26 U.S.C. § 501(c) (3), that operates or is created to operate, in conjunction with a metropolitan hospital authority, where such authority was formed pursuant to the Metropolitan Hospital Authority Act, compiled in title 7, chapter 57; “Injury” means death, injury to a person, damage to or loss of property or any other injury that one may suffer to one's person, or estate, that would be actionable if inflicted by a private person or such person's agent. Acts 1973, ch. 345, § 2; 1976, ch. 608, §§ 1, 2; T.C.A., § 23-3302; modified; Acts 1984, ch. 889, § 1; 1986, ch. 942, § 1; 1998, ch. 937, § 1; 2003, ch. 321, §§ 1, 2; 2005, ch. 54, § 1; 2009, ch. 206, §§ 1, 2; 2010, ch. 752, § 1; 2011, ch. 318, § 1; 2015, ch. 487, § 1. Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Acts 2009, ch. 206, § 3 provided that the act, which amended § 29-20-102(3)(A) and (3)(B)(i), shall apply to all causes of action accruing on or after May 13, 2009. Amendments. The 2015 amendment added the second sentence in the definition of “Governmental entity”. Effective Dates. Acts 2015, ch. 487, § 2. May 20, 2015. Attorney General Opinions. Tennessee Valley Public Power Association insurance program, OAG 84-090 (3/15/84). Interlocal cooperation agreements, liability for acts of police officers, OAG 88-39 (2/24/88). Agreements by local governmental entities to indemnify private parties or other governmental entities, OAG 93-01 (1/4/93). Negligent actions or omissions by private security guards and other private citizens would not trigger liability under the Governmental Tort Liability Act, OAG 03-088 (7/15/03). There is no statutory requirement for volunteer parent-drivers to carry the same amount of liability insurance coverage as the school system; it would be within a local school board's discretion to establish a policy requiring volunteer parent-drivers to have a specific amount of liability insurance when, under the auspices of the school involved, they volunteer to transport students to “away” sporting or other similar events, OAG 04-136 (8/24/04). NOTES TO DECISIONS 1. Governmental Entity. 2. —Municipality. 3. —Regional Planning Commission. 4. Injury. 5. Loss of Consortium. 1. Governmental Entity. This statute applies only to local governmental entities and does not confer the right to maintain an action against state agencies. Tennessee Dep't of Mental Health & Mental Retardation v. Hughes, 531 S.W.2d 299, 1975 Tenn. LEXIS 551 (Tenn. 1975). The Reelfoot regional planning commission is a “governmental entity” under the provisions of the Tennessee Governmental Tort Liability Act, and thus is immune as a matter of law from any liability. Lake County v. Truett, 758 S.W.2d 529, 1988 Tenn. App. LEXIS 164 (Tenn. Ct. App. 1988). 2. —Municipality. The legislature placed the term “municipality” in this definitions section in an attempt to give an example of a “governmental entity” rather than in an attempt to distinguish between the two terms. Chapman v. Sullivan County, 608 S.W.2d 580, 1980 Tenn. LEXIS 511 (Tenn. 1980). 3. —Regional Planning Commission. A regional planning commission is a governmental entity as defined by this section. Foley v. Hamilton, 659 S.W.2d 356, 1983 Tenn. LEXIS 730 (Tenn. 1983). 4. Injury. The definition of “injury” was not broad enough to cover a claim of damages resulting from breach of contract. Simpson v. Sumner County, 669 S.W.2d 657, 1983 Tenn. App. LEXIS 681 (Tenn. Ct. App. 1983). The Governmental Tort Liability Act (this chapter) had no application in breach of contract cases, and an action against the county for breach of implied warranty of fitness for defects in the construction of a house purchased from the county was an action in contract and not an injury in tort. Simpson v. Sumner County, 669 S.W.2d 657, 1983 Tenn. App. LEXIS 681 (Tenn. Ct. App. 1983). Traffic stop detainees who were robbed by a police officer made a plausible claim of negligence on the part of the city where they alleged the negligence was not that of a single employee, but a broader, system-wide phenomenon, manifested most prominently in an alleged failure to investigate serious complaints against the police officer; the assertion that such negligence was causally related to the police officer's alleged misdeeds was equally plausible. Brown v. City of Memphis, 440 F. Supp. 2d 868, 2006 U.S. Dist. LEXIS 77807 (W.D. Tenn. 2006). 5. Loss of Consortium. Where removal of governmental immunity rests upon § 29-20-203 , removing immunity for injury from unsafe streets and highways, the right to recover for loss of consortium is a right independent of the spouse's right to recover for the injuries themselves, and is not limited by the liability limitations of § 29-20-403 . Swafford v. Chattanooga, 743 S.W.2d 174, 1987 Tenn. App. LEXIS 2867 (Tenn. Ct. App. 1987). Where removal of governmental immunity rests upon § 29-20-203 , removing immunity for injury from unsafe streets and highways, the injured person's spouse may, where the damages are proved, recover for the loss of consortium. Swafford v. Chattanooga, 743 S.W.2d 174, 1987 Tenn. App. LEXIS 2867 (Tenn. Ct. App. 1987).