# Tenn. Code Ann. § 33-1-303: Powers of commissioner

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-303

## Section

- **Citation:** Tenn. Code Ann. § 33-1-303
- **Heading:** Powers of commissioner
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 33 / Chapter 1 / Section 33-1-303

## Text

The commissioner may: (1) Select and recommend to the appropriate state officials the employment of the chief officers of all facilities of the department, all central office personnel, and all professional, technical and other personnel required for the operation of the department; (2) Recommend to the appropriate state officials the salaries and compensation of all officers and employees of the department; (3) Adopt rules and policies for the governance, management, and supervision of the department's facilities; prescribe the powers and duties of officers and employees; and provide for admission, discharge, treatment, habilitation, and support of persons with mental illness or serious emotional disturbance; (4) Publish a report on the operation of the department and the facilities and programs under its supervision and the department's three-year plan; furnish the report and plan to the governor and members of the general assembly; and further distribute them as the commissioner, with the approval of the governor, may consider proper; (5) Publish compilations of this title and other relevant statutes to improve public knowledge of the laws by compiling them separately for services to children and adults and mental health service recipients and make the compilations available in print and on the internet; (6) Prescribe and distribute the forms to be used in connection with the admission, hospitalization or release of service recipients in the department's facilities; (7) Alter the department's facilities and grounds and name them; (8) Order the transfer of service recipients between state facilities; (9) Procure insurance to indemnify full-time or part-time physicians, licensed psychologists designated as health service providers, and non-physician chief officers of all facilities of the department against actions by service recipients and others that are alleged to arise out of acts of omission or commission of those personnel; (10) Delegate responsibilities as the commissioner deems necessary for the effective conduct of the functions of the department; and (11) Assume general responsibility for the proper and efficient operation of the department, its facilities, services and supports. Amended by 2024 Tenn. Acts, ch. 688,s 17, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 16, eff. 7/1/2024. Acts 1965, ch. 82, §§ 4, 7; 1974, ch. 802, §§ 4, 7; 1975, ch. 248, § 1; T.C.A., §§ 33-104, 33-107; Acts 1990, ch. 1024, § 17; 1992, ch. 991, § 12; T.C.A., § 33-1-203 , former § 33-1-303 ; Acts 2000, ch. 947, §§ 1, 6.
The commissioner may:
(1) Select and recommend to the appropriate state officials the employment of the chief officers of all facilities of the department, all central office personnel, and all professional, technical and other personnel required for the operation of the department;
(2) Recommend to the appropriate state officials the salaries and compensation of all officers and employees of the department;
(3) Adopt rules and policies for the governance, management, and supervision of the department's facilities; prescribe the powers and duties of officers and employees; and provide for admission, discharge, treatment, habilitation, and support of persons with mental illness or serious emotional disturbance;
(4) Publish a report on the operation of the department and the facilities and programs under its supervision and the department's three-year plan; furnish the report and plan to the governor and members of the general assembly; and further distribute them as the commissioner, with the approval of the governor, may consider proper;
(5) Publish compilations of this title and other relevant statutes to improve public knowledge of the laws by compiling them separately for services to children and adults and mental health service recipients and make the compilations available in print and on the internet;
he general assembly; and further distribute them as the commissioner, with the approval of the governor, may consider proper;
(5) Publish compilations of this title and other relevant statutes to improve public knowledge of the laws by compiling them separately for services to children and adults and mental health service recipients and make the compilations available in print and on the internet;
(6) Prescribe and distribute the forms to be used in connection with the admission, hospitalization or release of service recipients in the department's facilities;
(7) Alter the department's facilities and grounds and name them;
(8) Order the transfer of service recipients between state facilities;
(9) Procure insurance to indemnify full-time or part-time physicians, licensed psychologists designated as health service providers, and non-physician chief officers of all facilities of the department against actions by service recipients and others that are alleged to arise out of acts of omission or commission of those personnel;
(10) Delegate responsibilities as the commissioner deems necessary for the effective conduct of the functions of the department; and
(11) Assume general responsibility for the proper and efficient operation of the department, its facilities, services and supports.
Amended by 2024 Tenn. Acts, ch. 688,s 17, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 16, eff. 7/1/2024.
Acts 1965, ch. 82, §§ 4, 7; 1974, ch. 802, §§ 4, 7; 1975, ch. 248, § 1; T.C.A., §§ 33-104, 33-107; Acts 1990, ch. 1024, § 17; 1992, ch. 991, § 12; T.C.A., § 33-1-203 , former § 33-1-303 ; Acts 2000, ch. 947, §§ 1, 6.

## Nearby sections

- [Tenn. Code Ann. § 33-1-101 Title definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-101.md)
- [Tenn. Code Ann. § 33-1-201 Responsibilities of department - State policy toward mental illness or serious emotional disturbance](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-201.md)
- [Tenn. Code Ann. § 33-1-202 Statement of values underlying title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-202.md)
- [Tenn. Code Ann. § 33-1-203 Principles of service](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-203.md)
- [Tenn. Code Ann. § 33-1-204 Unnecessary entitlements not created](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-204.md)
- [Tenn. Code Ann. § 33-1-301 Powers of department - Contracts - Property and monetary grants - Pilot programs](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-301.md)
- [Tenn. Code Ann. § 33-1-302 Other powers of department - Power to make grants and contracts - Cooperative programs - Rulemaking - Operation of facilities](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-302.md)
- [Tenn. Code Ann. § 33-1-303 Powers of commissioner](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-303.md)
- [Tenn. Code Ann. § 33-1-304 Duties of commissioner](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-304.md)
- [Tenn. Code Ann. § 33-1-305 Power of commissioner to adopt rules, prescribe forms and investigate complaints](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-305.md)
- [Tenn. Code Ann. § 33-1-306 Designation of administrative law judges or hearing officers](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-306.md)
- [Tenn. Code Ann. § 33-1-307 Departmental information systems - Report](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-307.md)
- [Tenn. Code Ann. § 33-1-308 Interagency agreements](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-308.md)
- [Tenn. Code Ann. § 33-1-309 Adoption of rules](https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-309.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T33_C1_S33-1-303. Check the current official text before relying on it. Not legal advice.
