HB 1739

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."