Tennessee Code Annotated
Tenn. Code Ann. § 5-5-101 (2026)
Basic legislative unit - Name changes
✓ current as of May 2026
- (a) The county legislative body is established as a basic legislative unit of each county of this state; provided, that this subsection (a) shall not apply to counties that have already adopted the metropolitan form of government.
- (b) Effective September 1, 1978, except in any county organized under the consolidated government provisions of the Constitution of Tennessee, article XI, § 9, the quarterly county court, county council and any other forms of county legislative bodies are abolished and all legislative powers that remained with such court, council and other forms of legislative bodies are hereby vested in the county legislative body. The county legislative body is further vested with all legislative powers and duties vested in justices of the peace prior to May 11, 1978.
- (c) References to the quarterly county court, county council or other county legislative body appearing elsewhere in this code shall be deemed references to the county legislative body.
- (d) References to the magistrates, justices of the peace, members or membership of such court, council or body appearing elsewhere in this code shall be deemed references to the members of the county legislative body.
Code 1858, §§ 4179, 4180, 4186 (deriv. Acts 1794, ch. 1, § 44; 1835-1836, ch. 6, § 1; 1837-1838, ch. 135, § 1); Acts 1875, ch. 70, §§ 1-3; integrated in Shan., § 5992; Code 1932, § 10193; Acts 1967, ch. 235, § 1; T.C.A. § 5-528; Acts 1978, ch. 934, §§ 7, 9; 1979, ch. 69, § 1; T.C.A. (orig. ed.), § 5-501.
Notes of Decisions
Cited in 3
cases, 1988–2006 · leading case: State Ex Rel. Weaver v. Ayers, 756 S.W.2d 217 (Tenn. 1988).
State Ex Rel. Weaver v. Ayers, 756 S.W.2d 217 (Tenn. 1988). “5 These constitutional provisions are executed through T.C.A. §§ 5-5-101, et seq. T.C.A. § 5-5-101 provides that the county legislative body is the basic legislative entity of the county and is known as the board of county commissioners under T.”
Weaver v. Tipton Cnty., Tenn., 41 F. Supp. 2d 779 (W.D. Tenn. 1999). “See Tenn.Code Ann. § 5-5-101 etseq. 15 . Although the Commissioners did not raise the "color of law” argument in their motion, the court is empowered to examine the pleadings for immaterial content under Fed.”
Bob Patterson, Tr. of Shelby Cnty., Tennessee v. A.C. Wharton, Jr., Mayor of Shelby Cnty., Tennessee (Tenn. Ct. App. 2006). “§ 5-5-101(a) (2005). The state legislature “has duly delegated to these bodies the authority to raise revenue and appropriate funds for local governmental purposes.”
— Tenn. Code Ann. § 5-5-101(a) — 1 case
Bob Patterson, Tr. of Shelby Cnty., Tennessee v. A.C. Wharton, Jr., Mayor of Shelby Cnty., Tennessee (Tenn. Ct. App. 2006). “§ 5-5-101(a) (2005). The state legislature “has duly delegated to these bodies the authority to raise revenue and appropriate funds for local governmental purposes.”
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