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HB 2665

Haywood County - Subject to local approval, for county attorney, requires state law license; hiring preference to be given to a resident; oath of office; to advise and represent county commission, the county mayor, and other county officials; authorizes county commission to employ legal counsel other than county attorney; replaces "quarterly county court" with "county commission"; and replaces "county judge" with "county mayor". - Amends Chapter 350 of the Private Acts of 1945; as amended.

114th Regular Session (2025-2026) Introduced by Johnny Shaw

The bill clarifies the Haywood County Attorney’s role, requires Tennessee licensure, favors a county resident, allows hiring additional specialized counsel, and requires a two-thir

H. Placed on Regular Calendar for 4/22/2026
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Bill Summary · HB 2665

Legislative Bill Summary – Tennessee

HB 2665 (Session 114) | Haywood County, Private Acts amendments

Format: Plain-language overview of purpose, provisions, who/what is affected, and timelines.

1) Purpose and Intent

  • This bill amends Chapter 350 of the Private Acts of 1945 (as amended) governing the Haywood County County Attorney.
  • Core aims:
    • Require the Haywood County County Attorney to be licensed to practice law in Tennessee.
    • Establish preferential residency for the County Attorney (resident of Haywood County preferred; county residency not strictly required).
    • Specify an oath of office to be taken prior to assuming duties.
    • Define the County Attorney’s role as the official legal counsel for Haywood County government, including advising and representing the County Commission, County Mayor, and other county officials and bodies.
    • Allow the County Commission to hire additional or alternative (specialized) legal counsel beyond the County Attorney.
    • Update terminology to reflect current structure (replace references to “Quarterly County Court” with “County Commission” and “County Judge” with “County Mayor”).
    • Require a supermajority vote (two-thirds) by Haywood County’s legislative body to approve the act.

2) Key Provisions and Changes

A. County Attorney Qualifications and Oath (Section 2)

  • The County Attorney must be licensed to practice law in Tennessee.
  • Residency preference: preference given to a Haywood County resident, but residency within the county is not strictly required.
  • Oath: Before taking office, the County Attorney must take an oath affirming support for the U.S. and Tennessee Constitutions and a commitment to perform duties lawfully and to the best of ability. The oath must be filed with the County Clerk.

B. Scope of Authority and Duties (Section 3)

  • The County Attorney serves as legal counsel to:
    • Haywood County government as a whole.
    • Members of the County Commission, the County Mayor, and other county officials (including elected, appointed, or confirmed officials; and chairs of boards/commissions) on legal matters arising in their official duties.
  • Responsibilities include:
    • Preparing and delivering written legal opinions to county officials.
    • Providing legal advice to the County Mayor and County Commission regarding issuance and sale of county bonds.
    • Preparing and executing all necessary legal documents related to bond matters when requested by the Mayor or County Commission.
    • In case of conflicting requests among county officials, the County Attorney shall act in the best interest of Haywood County.

C. Additional or Specialized Counsel (New Section)

  • The County Commission may employ legal counsel other than, or in addition to, the County Attorney when additional or specialized expertise is deemed necessary or appropriate.

D. Terminology Updates (Section 3)

  • Replace “Quarterly County Court” with “County Commission.”
  • Replace “County Judge” with “County Mayor.”

E. Effective Date and Approval (Sections 4–5)

  • The act takes effect only if approved by a two-thirds (2/3) vote of Haywood County’s legislative body. The act’s approval or rejection is proclaimed by the presiding officer and certified to the Secretary of State.
  • Once approved, it takes effect as provided (with the act taking effect upon becoming law for general purposes, per Section 5).

3) Who/What Is Affected

  • Haywood County Government entities and officials:
    • County Commission
    • County Mayor
    • County Clerk (for filing the oath)
    • Other county officials, boards, and commissions that require legal counsel or legal opinions
  • Prospective County Attorney (qualification and residency preference)
  • Any additional or specialized outside legal counsel hired by the County Commission

4) Procedural and Timeline Aspects

  • Legislative History: Filed in early 2026; multiple committee movements culminating in placement on the calendar for consideration in April 2026.
  • Approval Requirement: A final approval threshold of two-thirds (2/3) of Haywood County’s legislative body (not the entire state legislature).
  • Effective Date: If approved, the act becomes law upon the statutory general effective date; for purposes of approval, it becomes effective upon becoming law, per Section 5.
  • Certification: Approval proclamation and certification to the Secretary of State are required.

5) Practical Impact and Considerations

  • Governance: Clarifies the County Attorney’s role and enhances flexibility by allowing the Commission to hire additional counsel for specialized matters.
  • Accountability: Residency preference may influence local ties and community familiarity of the County Attorney, though non-residency is allowed.
  • Financial: Potentially affects budget allocation for legal services (County Attorney plus any additional counsel).
  • Administrative: Oath filing with the County Clerk formalizes the qualifying step before assuming duties.
  • Structural: Aligns language with current county governance terminology, reducing potential confusion over roles and processes.

If you’d like, I can provide a side-by-side comparison of current law vs. proposed changes, or a one-page briefing for lay audiences.

Compiled from official sources — confirm details with the bill’s official record.

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