Tennessee Code Annotated
Tenn. Code Ann. § 5-9-401 (2026)
County legislative body appropriates agency funds
✓ current as of May 2026
All funds from whatever source derived, including, but not limited to, taxes, county aid funds, federal funds, and fines, that are to be used in the operation and respective programs of the various departments, commissions, institutions, boards, offices and agencies of county governments shall be appropriated to such use by the county legislative bodies.
Acts 1959, ch. 190, § 1; 1976, ch. 615, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-924.
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). “T.C.A. § 5-9-401 explicitly states that “[a]ll funds from whatever source derived, including but not limited to taxes, county aid funds, federal funds, and fines, which are to be used in the operation and respective programs of the various departments, commissions, institutions,…”
State Ex Rel. Witcher v. Bilbrey, 878 S.W.2d 567 (Tenn. Ct. App. 1994). “§ 5-9-401 (1991) directs counties to appropriate funds for all county operations • and for all county departments, institutions, and agencies.”
Bob Patterson, Tr. of Shelby Cnty., Tennessee v. A.C. Wharton, Jr., Mayor of Shelby Cnty., Tennessee (Tenn. Ct. App. 2006). “§ 5-9-401 (2005). Moreover, it is the duty of the county legislative body “to adopt a budget and appropriate funds for the ensuing fiscal year.”
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