(a)(1) Any governmental entity may exempt itself from this chapter by action of its legislative body if such action is taken by January 1, 1975; provided, that §§ 7-31-103, 7-31-112, [former] 7-51-202 [repealed] and 7-51-203, shall apply to any governmental entity exempting itself from this chapter.(2) Any governmental entity exempting itself from this chapter may by resolution of its governing body elect at any time to come under this chapter, provided, that this chapter would only apply to claims or actions arising after the effective date of such resolution.(b) After January 1, 1976, this chapter shall apply to all governmental entities as defined herein, provided that as to those governmental entities exempting themselves, as provided for in the preceding subsection, this chapter will only apply to claims or actions arising after January 1, 1976.(c) Nothing in this chapter shall be deemed to deprive any person of any cause of action or damages to which they are otherwise entitled arising under the federal Civil Rights Acts of 1871 and 1964, as amended.Acts 1973, ch. 345, § 31; 1974, ch. 780, § 1; 1975, ch. 252, § 1; T.C.A., § 23-3303; Acts 1987, ch. 405, § 9.
Tennessee Legal Code