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Committee approves amendment to make TEMA a standalone department; members press on emergency-declaration authority
Summary
An amendment to make the Tennessee Emergency Management Agency (TEMA) a department year-round passed after members pushed the sponsor to clarify whether the bill lets a department director declare emergencies; legal counsel said statutory delegations exist but the governor must delegate authority.
Leader Lambeth (speaker 11) sought the committee’s approval of an amendment that would make the Tennessee Emergency Management Agency (TEMA) a permanent department rather than an entity that exists only during declared emergencies. Lambeth told the committee the change would formalize what the agency already does in emergencies and would retain the familiar TEMA name.
Representative Fritz asked whether the amendment would give a director the authority to declare a state of emergency — a power historically associated with the governor. Legal counsel Doug Garrett said delegations of authority to commissioners do occur in statute and that the governor would retain the ability to delegate such authority; Lambeth repeated that he did not think the amendment allowed a department head to unilaterally declare emergencies without governor delegation. Members raised language questions about a provision referencing people living in federal-organized camps and why the statute uses "may possess a mobile telephone" language; Lambeth said some language reflects previously enacted law and that staff would follow up if members wanted further changes.
After a short legal sidebar the committee voted to advance the amended bill to Finance, Ways and Means; the clerk recorded 12 ayes, 1 nay and 1 present not voting.
