Tenn. Code Ann. § 65-15-308 — TN Code / Title 65 / Chapter 15 / Section 65-15-308
Cash payments prohibited
Status: in_force

(a) The transportation network company shall adopt a policy prohibiting a driver, while providing transportation network company services, from the solicitation or acceptance of cash payments from riders and notify drivers of the policy. (b) While providing transportation network services, drivers shall not solicit or accept cash payments from riders. (c) Any payment for a prearranged ride shall be made only electronically using the transportation network center's digital network or software application. Added by 2015 Tenn. Acts, ch. 520,s 4, eff. 5/20/2015.
(a) The transportation network company shall adopt a policy prohibiting a driver, while providing transportation network company services, from the solicitation or acceptance of cash payments from riders and notify drivers of the policy.
(b) While providing transportation network services, drivers shall not solicit or accept cash payments from riders.
(c) Any payment for a prearranged ride shall be made only electronically using the transportation network center's digital network or software application.
Added by 2015 Tenn. Acts, ch. 520,s 4, eff. 5/20/2015.
Tenn. Code Ann. § 65-15-101 — TN Code / Title 65 / Chapter 15 / Section 65-15-101
Purpose - Participation in the unified carrier registration system
Status: in_force

(a) It is declared that the legislation contained in this part is enacted for the sole purpose of promoting and conserving the interest and convenience of the public by conferring upon the department of revenue and the department of safety the power and authority, and making it the duty of the department of revenue and the department of safety to supervise and regulate the transportation of persons and property by motor vehicle over or upon the public highways of this state, and to supervise and regulate certain businesses closely allied with such motor transportation, so as to: (1) Regulate, foster, promote and preserve proper and economically sound transportation and authorize and permit proper coordination of all transportation facilities; (2) Relieve existing and future undue burdens upon the highways arising by reason of their use by motor vehicles; (3) Protect the welfare and safety of the traveling and shipping public in their use of the highways, and in their contact with the agencies of motor transportation and allied occupations; and (4) Protect the property of the state and its highways from unreasonable, improper or excessive use. (b) It is the intent of the general assembly that this state participate in the unified carrier registration system beginning with the date that it is established by the secretary of the United States department of transportation, in accordance with 49 U.S.C. § 13908 . Pursuant to this intent, the commissioner of revenue is authorized to participate in the unified carrier registration plan and agreement established in accordance with 49 U.S.C. § 14504a , and to file on behalf of this state the plan required by 49 U.S.C. § 14504a(e) . (c) Notwithstanding any other law to the contrary, on and after the date on which the secretary of the United States department of transportation establishes the unified carrier registration system in accordance with 49 U.S.C. § 13908 , no foreign or domestic motor carrier, motor private carrier, leasing company, broker or freight forwarder, as defined in title 49 of the United States Code, shall operate any motor vehicles on the highways of this state without first registering with a base state under the unified carrier registration system and paying all fees required under the federal Unified Carrier Registration Act of 2005, compiled generally throughout title 49 of the United States Code. (d) Notwithstanding any other law to the contrary, on and after the date on which the secretary of the United States department of transportation establishes the unified carrier registration system in accordance with 49 U.S.C. § 13908 , the commissioner of revenue shall follow rules governing the unified carrier registration agreement issued under the unified carrier registration plan by its board of directors. The commissioner shall follow rules and collect fee assessments set by the federal secretary of transportation from foreign and domestic motor carriers, motor private carriers, leasing companies, brokers, and freight forwarders, and do all things necessary to enable this state to participate in the federal unified carrier registration agreement pursuant to the federal Unified Carrier Registration Act of 2005. Acts 1933, ch. 119, § 21; C. Supp. 1950, § 5501.23 (Williams, § 5501.21); impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-1501; Acts 1995, ch. 305, § 30; 2007, ch. 484, § 97.
(a) It is declared that the legislation contained in this part is enacted for the sole purpose of promoting and conserving the interest and convenience of the public by conferring upon the department of revenue and the department of safety the power and authority, and making it the duty of the department of revenue and the department of safety to supervise and regulate the transportation of persons and property by motor vehicle over or upon the public highways of this state, and to supervise and regulate certain businesses closely allied with such motor transportation, so as to: (1) Regulate, foster, promote and preserve proper and economically sound transportation and authorize and permit proper coordination of all transportation facilities; (2) Relieve existing and future undue burdens upon the highways arising by reason of their use by motor vehicles; (3) Protect the welfare and safety of the traveling and shipping public in their use of the highways, and in their contact with the agencies of motor transportation and allied occupations; and (4) Protect the property of the state and its highways from unreasonable, improper or excessive use.
(1) Regulate, foster, promote and preserve proper and economically sound transportation and authorize and permit proper coordination of all transportation facilities;
(2) Relieve existing and future undue burdens upon the highways arising by reason of their use by motor vehicles;
(3) Protect the welfare and safety of the traveling and shipping public in their use of the highways, and in their contact with the agencies of motor transportation and allied occupations; and
(4) Protect the property of the state and its highways from unreasonable, improper or excessive use.
(b) It is the intent of the general assembly that this state participate in the unified carrier registration system beginning with the date that it is established by the secretary of the United States department of transportation, in accordance with 49 U.S.C. § 13908 . Pursuant to this intent, the commissioner of revenue is authorized to participate in the unified carrier registration plan and agreement established in accordance with 49 U.S.C. § 14504a , and to file on behalf of this state the plan required by 49 U.S.C. § 14504a(e) .
(c) Notwithstanding any other law to the contrary, on and after the date on which the secretary of the United States department of transportation establishes the unified carrier registration system in accordance with 49 U.S.C. § 13908 , no foreign or domestic motor carrier, motor private carrier, leasing company, broker or freight forwarder, as defined in title 49 of the United States Code, shall operate any motor vehicles on the highways of this state without first registering with a base state under the unified carrier registration system and paying all fees required under the federal Unified Carrier Registration Act of 2005, compiled generally throughout title 49 of the United States Code.
(d) Notwithstanding any other law to the contrary, on and after the date on which the secretary of the United States department of transportation establishes the unified carrier registration system in accordance with 49 U.S.C. § 13908 , the commissioner of revenue shall follow rules governing the unified carrier registration agreement issued under the unified carrier registration plan by its board of directors. The commissioner shall follow rules and collect fee assessments set by the federal secretary of transportation from foreign and domestic motor carriers, motor private carriers, leasing companies, brokers, and freight forwarders, and do all things necessary to enable this state to participate in the federal unified carrier registration agreement pursuant to the federal Unified Carrier Registration Act of 2005.
Acts 1933, ch. 119, § 21; C. Supp. 1950, § 5501.23 (Williams, § 5501.21); impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-1501; Acts 1995, ch. 305, § 30; 2007, ch. 484, § 97.
Tenn. Code Ann. § 65-34-101 — TN Code / Title 65 / Chapter 34 / Section 65-34-101
Legislative intent - Findings
Status: in_force

The general assembly hereby finds that: (1) Duplication of electric system facilities leads to excessive consumer costs and adverse environmental and aesthetic impacts; (2) The public health, safety, and welfare require that electric service to a particular geographic area be provided by a single electric system; (3) The general assembly has heretofore established the geographic territories of electric systems as those geographic areas in which a particular electric system maintained facilities to provide electric service on March 6, 1968, except as those geographic areas have been modified by statutorily authorized agreements among adjacent electric systems, all as provided by § 6-51-112 ; (4) Maintenance of the previously established geographic territories, as modified by statutorily authorized agreements, continues to be in the public interest and promotes the public health, safety and welfare; (5) The consumer owners of municipal and cooperative electric systems have invested large sums in facilities and equipment necessary to provide electric service within areas served by those electric systems; and (6) It would be contrary to the public interest to permit utilities that are not consumer owned to expand service into areas already served by consumer owned municipal and cooperative electric systems, as such expansion would result in a duplication of service facilities and the loss of consumer investment in displaced facilities. Acts 1989, ch. 230, § 1.
The general assembly hereby finds that:
(1) Duplication of electric system facilities leads to excessive consumer costs and adverse environmental and aesthetic impacts;
(2) The public health, safety, and welfare require that electric service to a particular geographic area be provided by a single electric system;
(3) The general assembly has heretofore established the geographic territories of electric systems as those geographic areas in which a particular electric system maintained facilities to provide electric service on March 6, 1968, except as those geographic areas have been modified by statutorily authorized agreements among adjacent electric systems, all as provided by § 6-51-112 ;
(4) Maintenance of the previously established geographic territories, as modified by statutorily authorized agreements, continues to be in the public interest and promotes the public health, safety and welfare;
(5) The consumer owners of municipal and cooperative electric systems have invested large sums in facilities and equipment necessary to provide electric service within areas served by those electric systems; and
(6) It would be contrary to the public interest to permit utilities that are not consumer owned to expand service into areas already served by consumer owned municipal and cooperative electric systems, as such expansion would result in a duplication of service facilities and the loss of consumer investment in displaced facilities.
Acts 1989, ch. 230, § 1.
Tenn. Code Ann. § 65-4-123 — TN Code / Title 65 / Chapter 4 / Section 65-4-123
Declaration of telecommunications services policy
Status: in_force

The general assembly declares that the policy of this state is to foster the development of an efficient, technologically advanced, statewide system of telecommunications services by permitting competition in all telecommunications services markets, and by permitting alternative forms of regulation for telecommunications services and telecommunications services providers. To that end, the regulation of telecommunications services and telecommunications services providers shall protect the interests of consumers without unreasonable prejudice or disadvantage to any telecommunications services provider; universal service shall be maintained; and rates charged to residential customers for essential telecommunications services shall remain affordable. Acts 1995, ch. 408, § 1.
The general assembly declares that the policy of this state is to foster the development of an efficient, technologically advanced, statewide system of telecommunications services by permitting competition in all telecommunications services markets, and by permitting alternative forms of regulation for telecommunications services and telecommunications services providers. To that end, the regulation of telecommunications services and telecommunications services providers shall protect the interests of consumers without unreasonable prejudice or disadvantage to any telecommunications services provider; universal service shall be maintained; and rates charged to residential customers for essential telecommunications services shall remain affordable.
Acts 1995, ch. 408, § 1.
Tenn. Code Ann. § 65-1-109 — TN Code / Title 65 / Chapter 1 / Section 65-1-109
Executive director
Status: in_force

(a) The executive director shall be appointed by joint agreement among the governor, the speaker of the senate and the speaker of the house of representatives for the initial term. Thereafter, the commissioners of the commission shall appoint the executive director. The term of the executive director shall be three (3) years. The executive director shall have at a minimum a bachelor's degree and either a minimum of five (5) years' experience in the regulated utility industry or a minimum of five (5) years' experience in executive-level management, with a preference toward experience in economics, law, finance, accounting or engineering. The executive director shall not be a commissioner of the commission. (b) The commission may remove the executive director by a majority vote of the commissioners. (c) The executive director shall have the principal responsibility of implementing the broad strategies, goals, objectives, long-range plans and policies of the commission. Among the executive director's duties, which are not limited to the following list, are: (1) Serving as chief operating officer of the commission responsible for the day to day management of the commission and the supervision and hiring of all staff members within the limits of available funds authorized from time to time by the legislature; (2) Administering, monitoring, and reviewing the operating procedures of each division of the commission, ensuring that each employee and division of the commission fully executes in an efficient and economical manner, the separate duties assigned to each; (3) Submitting rules and policies for approval by the commission; (4) Implementing and administering rules and policies for the efficient and economical internal management of the commission; (5) Coordinating the preparation of the report to the general assembly as required by § 65-1-111 ; (6) Supervising the expenditure of funds and being responsible for complying with all applicable state and federal law in the receipt and disbursement of funds; and (7) Performing such other duties as the commission may require, from time to time, or as may be required by statute. (d) The governor shall set the compensation of the executive director for the initial term of office of the executive director, which shall not exceed the compensation established for the commissioners of the claims commission. Thereafter, the commissioners of the commission shall set the compensation of the executive director. (e) The executive director shall submit an annual report to the general assembly comparing telecommunications, electricity, natural gas, water and wastewater utility rates between Tennessee and the southeastern states. For the purpose of reporting rates in the report, the Tennessee public utility commission shall make comparisons on the basis of market choices made by consumers without regard to whether the services chosen are regulated or non-regulated services. Amended by 2017 Tenn. Acts, ch. 94,s 80, eff. 4/4/2017. Acts 2012, ch. 1070, § 8.
(a) The executive director shall be appointed by joint agreement among the governor, the speaker of the senate and the speaker of the house of representatives for the initial term. Thereafter, the commissioners of the commission shall appoint the executive director. The term of the executive director shall be three (3) years. The executive director shall have at a minimum a bachelor's degree and either a minimum of five (5) years' experience in the regulated utility industry or a minimum of five (5) years' experience in executive-level management, with a preference toward experience in economics, law, finance, accounting or engineering. The executive director shall not be a commissioner of the commission.
(b) The commission may remove the executive director by a majority vote of the commissioners.
(c) The executive director shall have the principal responsibility of implementing the broad strategies, goals, objectives, long-range plans and policies of the commission. Among the executive director's duties, which are not limited to the following list, are: (1) Serving as chief operating officer of the commission responsible for the day to day management of the commission and the supervision and hiring of all staff members within the limits of available funds authorized from time to time by the legislature; (2) Administering, monitoring, and reviewing the operating procedures of each division of the commission, ensuring that each employee and division of the commission fully executes in an efficient and economical manner, the separate duties assigned to each; (3) Submitting rules and policies for approval by the commission; (4) Implementing and administering rules and policies for the efficient and economical internal management of the commission; (5) Coordinating the preparation of the report to the general assembly as required by § 65-1-111 ; (6) Supervising the expenditure of funds and being responsible for complying with all applicable state and federal law in the receipt and disbursement of funds; and (7) Performing such other duties as the commission may require, from time to time, or as may be required by statute.
(1) Serving as chief operating officer of the commission responsible for the day to day management of the commission and the supervision and hiring of all staff members within the limits of available funds authorized from time to time by the legislature;
(2) Administering, monitoring, and reviewing the operating procedures of each division of the commission, ensuring that each employee and division of the commission fully executes in an efficient and economical manner, the separate duties assigned to each;
(3) Submitting rules and policies for approval by the commission;
(4) Implementing and administering rules and policies for the efficient and economical internal management of the commission;
(5) Coordinating the preparation of the report to the general assembly as required by § 65-1-111 ;
(6) Supervising the expenditure of funds and being responsible for complying with all applicable state and federal law in the receipt and disbursement of funds; and
(7) Performing such other duties as the commission may require, from time to time, or as may be required by statute.
(d) The governor shall set the compensation of the executive director for the initial term of office of the executive director, which shall not exceed the compensation established for the commissioners of the claims commission. Thereafter, the commissioners of the commission shall set the compensation of the executive director.
(e) The executive director shall submit an annual report to the general assembly comparing telecommunications, electricity, natural gas, water and wastewater utility rates between Tennessee and the southeastern states. For the purpose of reporting rates in the report, the Tennessee public utility commission shall make comparisons on the basis of market choices made by consumers without regard to whether the services chosen are regulated or non-regulated services.
Amended by 2017 Tenn. Acts, ch. 94,s 80, eff. 4/4/2017.
Acts 2012, ch. 1070, § 8.
Tenn. Code Ann. § 65-25-111 — TN Code / Title 65 / Chapter 25 / Section 65-25-111
Members - Qualifications - Meetings - Voting rights - Terms and conditions
Status: in_force

(a) (1) No person who is not an incorporator of a cooperative shall become a member or a nonmember patron thereof and eligible to receive any service therefrom unless such person shall agree to pay for such service and is otherwise both willing and able to abide by the cooperative's terms and conditions for rendering service. (2) The terms and conditions of a cooperative, as set forth in its articles of incorporation, bylaws or otherwise, for the admission of members and for the rendering of service to patrons: (A) Shall be just and reasonable; (B) Shall not unreasonably discriminate as to its services, or its rates, charges or service rules and regulations, between or among consumers of the same class, or two (2) or more different consumer classes, or two (2) or more localities; (C) Shall not afford any unreasonable preference or advantage in favor of, or any unreasonable prejudice or disadvantage against, any consumers, consumer classes or localities; (D) Nor shall membership in or services from a cooperative be denied, conditioned, restricted or terminated arbitrarily, capriciously or without good cause. (3) No person shall be eligible to be a member of a cooperative whose purposes include the primary purpose unless such person agrees to receive electric service from the cooperative. (4) Membership in a cooperative shall not be transferable except as may be provided in the bylaws. (5) The bylaws may prescribe additional qualifications, limitations, rights and obligations in respect of membership, and shall prescribe such in respect of membership admission, resignation, withdrawal, suspension, expulsion and termination. (b) Special meetings of the members may be called by the board, by that number of directors that is one (1) less than a majority of the directors in office, or by a petition therefor signed by as many as but no fewer than ten percent (10%) of the members. Such meetings shall be held on such date and at such time and place as are fixed by those calling the same or as may otherwise be provided for in the bylaws. (c) (1) Written or printed notice stating the date, time and place of each meeting of the members and, in the case of a special meeting or of a regular meeting so requiring, the purpose or purposes of the meeting shall be delivered to each member, either personally or by mail: (A) Except as provided in § 65-25-113(a)(2)(D) , not less than ninety (90) days prior to the date of a meeting of the members of a cooperative having a primary purpose and at which the cooperative's dissolution or the sale or lease-sale of all or any substantial portion of its assets and properties devoted to and used or useful in pursuance of such purpose is scheduled to be considered and acted upon; (B) Not less than sixty (60) days prior to the date of a meeting of the members of a cooperative: (i) Having a primary purpose and at which the sale or lease-sale of all or any substantial portion of its assets and properties devoted to and used or useful in pursuance of one (1) or more secondary purposes is, solely because its bylaws so require, scheduled to be acted upon by the members; or (ii) Having one (1) or more secondary purposes only and at which the sale or lease-sale of all or any substantial portion of its assets and properties devoted to and used or useful in pursuance of one (1) or more such purposes is scheduled to be considered and acted upon; (C) Except as provided in § 65-25-113(a)(2)(D) , not less than forty-five (45) days prior to the date of a meeting of the members of a cooperative at which a merger or consolidation with one (1) or more other cooperatives is scheduled to be considered and acted upon; or (D) If subdivision (c)(1)(A), (B) or (C) is not applicable, not less than five (5) nor more than twenty-five (25) days prior to the date of the meeting, unless the bylaws require longer periods. (2) If mailed, notice shall be deemed to have been delivered if addressed to the member as shown on the cooperative's records and, with postage thereon prepaid, deposited in the United States mail on or prior to the date next following which the minimum period for such notice would begin. (d) A quorum for the transaction of business at meetings of the members shall, except as otherwise provided in this subsection (d), be the lesser of two percent (2%) of all members or one hundred (100) members; and, once such a quorum is established, the meeting may proceed to transact all business that may lawfully come before it so long as at least the lesser of one percent (1%) of all members or fifty-one (51) members remain present. In the case of a meeting of the members of a cooperative having a primary purpose and at which the dissolution thereof or the sale or lease-sale of all or any substantial portion of the cooperative's assets and property devoted to and used or useful in achieving the primary purpose is scheduled to be considered and acted upon pursuant, respectively, to § 65-25-113 or § 65-25-120 , such quorum requirement shall be and shall remain throughout the meeting ten percent (10%) of all members. If, at any member meeting, less than the required quorum is present to enable the meeting to begin transacting business, or if the quorum requirement for it to continue ceases to exist, a majority of those present may adjourn the meeting from time to time without further notice. (e) Each member shall be entitled to one (1) vote on each matter submitted to a vote at member meetings and, if such be the case, at directorate district meetings. A member may not cumulate votes. Voting may be in person, by mail, by proxy, or by any combination thereof, as provided in the bylaws; however, if the bylaws are silent on the manner of voting, voting shall be only in person. If the bylaws provide for voting by proxy or by mail balloting, they may restrict the matters with respect to which they may be voted and in any case they shall prescribe the conditions applying to such voting, including limitations on the number of proxies that may be voted by one (1) member or other person; provided that: (1) If the bylaws allow for voting by proxy, by mail balloting, or by both, to sell or lease-sell all or any substantial portion of the cooperative's assets and properties or to dissolve the cooperative as an incident of such sale or lease-sale, they shall also allow for voting by proxy or by mail balloting on a proposal to merge or consolidate with one (1) or more other cooperatives; (2) No one (1) member or other person may vote as proxy for more than three (3) members except in voting on a proposal to: (A) Sell, lease, lease-sell or otherwise dispose of or encumber all or a substantial portion of a cooperative's assets and properties that are devoted to and used or useful in achieving one (1) or more of its purposes; or (B) Dissolve a cooperative; in either of which case the bylaws may provide that one (1) member or other person may vote for up to but no more than ten (10) members; (3) Provisions for mail voting and return of written ballots shall be such that, although voting by an identifiable member may be reasonably verified, such voting shall be secret and such ballots may, instead of being delivered to the cooperative by mail, be delivered to the cooperative in any other proper manner; and (4) Printed mail ballots shall be only in such form and content as prescribed by the board and, except as provided in § 65-25-113(a)(3) , shall be delivered by the cooperative to the members via the United States mail with, or in any event at the same time as, the mailing of the notice of the member meeting at or with respect to which they will be voted. (f) Notwithstanding a bylaw provision to the contrary, and subject to guidelines and procedures as the cooperative may adopt, a cooperative may permit a director, and any or all cooperative members, to participate in a regular or special meeting by, and the cooperative may conduct the meeting through the use of, any means of virtual or remote communication if the cooperative: (1) Implements reasonable measures to verify that each person deemed present and permitted to attend or vote at the meeting by means of virtual or remote communication is a director or cooperative member; (2) Implements reasonable measures to provide directors or cooperative members a reasonable opportunity to participate in the meeting and to vote on matters submitted to the board or cooperative members, including an opportunity to read or hear the proceedings of the meeting substantially concurrently with the proceedings; and (3) Maintains a record of any vote or other action taken by a director or cooperative member that is taken by means of virtual or remote communication. (g) A director or cooperative member who participates in a meeting by the means described in subsection (f), whether the meeting is to be held at a designated place or solely by means of virtual or remote communication, is deemed to be present in person at the meeting. Amended by 2022 Tenn. Acts, ch. 811, s 1, eff. 4/8/2022. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-211 .
(a) (1) No person who is not an incorporator of a cooperative shall become a member or a nonmember patron thereof and eligible to receive any service therefrom unless such person shall agree to pay for such service and is otherwise both willing and able to abide by the cooperative's terms and conditions for rendering service. (2) The terms and conditions of a cooperative, as set forth in its articles of incorporation, bylaws or otherwise, for the admission of members and for the rendering of service to patrons: (A) Shall be just and reasonable; (B) Shall not unreasonably discriminate as to its services, or its rates, charges or service rules and regulations, between or among consumers of the same class, or two (2) or more different consumer classes, or two (2) or more localities; (C) Shall not afford any unreasonable preference or advantage in favor of, or any unreasonable prejudice or disadvantage against, any consumers, consumer classes or localities; (D) Nor shall membership in or services from a cooperative be denied, conditioned, restricted or terminated arbitrarily, capriciously or without good cause. (3) No person shall be eligible to be a member of a cooperative whose purposes include the primary purpose unless such person agrees to receive electric service from the cooperative. (4) Membership in a cooperative shall not be transferable except as may be provided in the bylaws. (5) The bylaws may prescribe additional qualifications, limitations, rights and obligations in respect of membership, and shall prescribe such in respect of membership admission, resignation, withdrawal, suspension, expulsion and termination.
(1) No person who is not an incorporator of a cooperative shall become a member or a nonmember patron thereof and eligible to receive any service therefrom unless such person shall agree to pay for such service and is otherwise both willing and able to abide by the cooperative's terms and conditions for rendering service.
(2) The terms and conditions of a cooperative, as set forth in its articles of incorporation, bylaws or otherwise, for the admission of members and for the rendering of service to patrons: (A) Shall be just and reasonable; (B) Shall not unreasonably discriminate as to its services, or its rates, charges or service rules and regulations, between or among consumers of the same class, or two (2) or more different consumer classes, or two (2) or more localities; (C) Shall not afford any unreasonable preference or advantage in favor of, or any unreasonable prejudice or disadvantage against, any consumers, consumer classes or localities; (D) Nor shall membership in or services from a cooperative be denied, conditioned, restricted or terminated arbitrarily, capriciously or without good cause.
(A) Shall be just and reasonable;
(B) Shall not unreasonably discriminate as to its services, or its rates, charges or service rules and regulations, between or among consumers of the same class, or two (2) or more different consumer classes, or two (2) or more localities;
(C) Shall not afford any unreasonable preference or advantage in favor of, or any unreasonable prejudice or disadvantage against, any consumers, consumer classes or localities;
(D) Nor shall membership in or services from a cooperative be denied, conditioned, restricted or terminated arbitrarily, capriciously or without good cause.
(3) No person shall be eligible to be a member of a cooperative whose purposes include the primary purpose unless such person agrees to receive electric service from the cooperative.
(4) Membership in a cooperative shall not be transferable except as may be provided in the bylaws.
(5) The bylaws may prescribe additional qualifications, limitations, rights and obligations in respect of membership, and shall prescribe such in respect of membership admission, resignation, withdrawal, suspension, expulsion and termination.
(b) Special meetings of the members may be called by the board, by that number of directors that is one (1) less than a majority of the directors in office, or by a petition therefor signed by as many as but no fewer than ten percent (10%) of the members. Such meetings shall be held on such date and at such time and place as are fixed by those calling the same or as may otherwise be provided for in the bylaws.
(c) (1) Written or printed notice stating the date, time and place of each meeting of the members and, in the case of a special meeting or of a regular meeting so requiring, the purpose or purposes of the meeting shall be delivered to each member, either personally or by mail: (A) Except as provided in § 65-25-113(a)(2)(D) , not less than ninety (90) days prior to the date of a meeting of the members of a cooperative having a primary purpose and at which the cooperative's dissolution or the sale or lease-sale of all or any substantial portion of its assets and properties devoted to and used or useful in pursuance of such purpose is scheduled to be considered and acted upon; (B) Not less than sixty (60) days prior to the date of a meeting of the members of a cooperative: (i) Having a primary purpose and at which the sale or lease-sale of all or any substantial portion of its assets and properties devoted to and used or useful in pursuance of one (1) or more secondary purposes is, solely because its bylaws so require, scheduled to be acted upon by the members; or (ii) Having one (1) or more secondary purposes only and at which the sale or lease-sale of all or any substantial portion of its assets and properties devoted to and used or useful in pursuance of one (1) or more such purposes is scheduled to be considered and acted upon; (C) Except as provided in § 65-25-113(a)(2)(D) , not less than forty-five (45) days prior to the date of a meeting of the members of a cooperative at which a merger or consolidation with one (1) or more other cooperatives is scheduled to be considered and acted upon; or (D) If subdivision (c)(1)(A), (B) or (C) is not applicable, not less than five (5) nor more than twenty-five (25) days prior to the date of the meeting, unless the bylaws require longer periods. (2) If mailed, notice shall be deemed to have been delivered if addressed to the member as shown on the cooperative's records and, with postage thereon prepaid, deposited in the United States mail on or prior to the date next following which the minimum period for such notice would begin.
(1) Written or printed notice stating the date, time and place of each meeting of the members and, in the case of a special meeting or of a regular meeting so requiring, the purpose or purposes of the meeting shall be delivered to each member, either personally or by mail: (A) Except as provided in § 65-25-113(a)(2)(D) , not less than ninety (90) days prior to the date of a meeting of the members of a cooperative having a primary purpose and at which the cooperative's dissolution or the sale or lease-sale of all or any substantial portion of its assets and properties devoted to and used or useful in pursuance of such purpose is scheduled to be considered and acted upon; (B) Not less than sixty (60) days prior to the date of a meeting of the members of a cooperative: (i) Having a primary purpose and at which the sale or lease-sale of all or any substantial portion of its assets and properties devoted to and used or useful in pursuance of one (1) or more secondary purposes is, solely because its bylaws so require, scheduled to be acted upon by the members; or (ii) Having one (1) or more secondary purposes only and at which the sale or lease-sale of all or any substantial portion of its assets and properties devoted to and used or useful in pursuance of one (1) or more such purposes is scheduled to be considered and acted upon; (C) Except as provided in § 65-25-113(a)(2)(D) , not less than forty-five (45) days prior to the date of a meeting of the members of a cooperative at which a merger or consolidation with one (1) or more other cooperatives is scheduled to be considered and acted upon; or (D) If subdivision (c)(1)(A), (B) or (C) is not applicable, not less than five (5) nor more than twenty-five (25) days prior to the date of the meeting, unless the bylaws require longer periods.
(A) Except as provided in § 65-25-113(a)(2)(D) , not less than ninety (90) days prior to the date of a meeting of the members of a cooperative having a primary purpose and at which the cooperative's dissolution or the sale or lease-sale of all or any substantial portion of its assets and properties devoted to and used or useful in pursuance of such purpose is scheduled to be considered and acted upon;
(B) Not less than sixty (60) days prior to the date of a meeting of the members of a cooperative: (i) Having a primary purpose and at which the sale or lease-sale of all or any substantial portion of its assets and properties devoted to and used or useful in pursuance of one (1) or more secondary purposes is, solely because its bylaws so require, scheduled to be acted upon by the members; or (ii) Having one (1) or more secondary purposes only and at which the sale or lease-sale of all or any substantial portion of its assets and properties devoted to and used or useful in pursuance of one (1) or more such purposes is scheduled to be considered and acted upon;
(i) Having a primary purpose and at which the sale or lease-sale of all or any substantial portion of its assets and properties devoted to and used or useful in pursuance of one (1) or more secondary purposes is, solely because its bylaws so require, scheduled to be acted upon by the members; or
(ii) Having one (1) or more secondary purposes only and at which the sale or lease-sale of all or any substantial portion of its assets and properties devoted to and used or useful in pursuance of one (1) or more such purposes is scheduled to be considered and acted upon;
(C) Except as provided in § 65-25-113(a)(2)(D) , not less than forty-five (45) days prior to the date of a meeting of the members of a cooperative at which a merger or consolidation with one (1) or more other cooperatives is scheduled to be considered and acted upon; or
(D) If subdivision (c)(1)(A), (B) or (C) is not applicable, not less than five (5) nor more than twenty-five (25) days prior to the date of the meeting, unless the bylaws require longer periods.
(2) If mailed, notice shall be deemed to have been delivered if addressed to the member as shown on the cooperative's records and, with postage thereon prepaid, deposited in the United States mail on or prior to the date next following which the minimum period for such notice would begin.
(d) A quorum for the transaction of business at meetings of the members shall, except as otherwise provided in this subsection (d), be the lesser of two percent (2%) of all members or one hundred (100) members; and, once such a quorum is established, the meeting may proceed to transact all business that may lawfully come before it so long as at least the lesser of one percent (1%) of all members or fifty-one (51) members remain present. In the case of a meeting of the members of a cooperative having a primary purpose and at which the dissolution thereof or the sale or lease-sale of all or any substantial portion of the cooperative's assets and property devoted to and used or useful in achieving the primary purpose is scheduled to be considered and acted upon pursuant, respectively, to § 65-25-113 or § 65-25-120 , such quorum requirement shall be and shall remain throughout the meeting ten percent (10%) of all members. If, at any member meeting, less than the required quorum is present to enable the meeting to begin transacting business, or if the quorum requirement for it to continue ceases to exist, a majority of those present may adjourn the meeting from time to time without further notice.
(e) Each member shall be entitled to one (1) vote on each matter submitted to a vote at member meetings and, if such be the case, at directorate district meetings. A member may not cumulate votes. Voting may be in person, by mail, by proxy, or by any combination thereof, as provided in the bylaws; however, if the bylaws are silent on the manner of voting, voting shall be only in person. If the bylaws provide for voting by proxy or by mail balloting, they may restrict the matters with respect to which they may be voted and in any case they shall prescribe the conditions applying to such voting, including limitations on the number of proxies that may be voted by one (1) member or other person; provided that: (1) If the bylaws allow for voting by proxy, by mail balloting, or by both, to sell or lease-sell all or any substantial portion of the cooperative's assets and properties or to dissolve the cooperative as an incident of such sale or lease-sale, they shall also allow for voting by proxy or by mail balloting on a proposal to merge or consolidate with one (1) or more other cooperatives; (2) No one (1) member or other person may vote as proxy for more than three (3) members except in voting on a proposal to: (A) Sell, lease, lease-sell or otherwise dispose of or encumber all or a substantial portion of a cooperative's assets and properties that are devoted to and used or useful in achieving one (1) or more of its purposes; or (B) Dissolve a cooperative; in either of which case the bylaws may provide that one (1) member or other person may vote for up to but no more than ten (10) members; (3) Provisions for mail voting and return of written ballots shall be such that, although voting by an identifiable member may be reasonably verified, such voting shall be secret and such ballots may, instead of being delivered to the cooperative by mail, be delivered to the cooperative in any other proper manner; and (4) Printed mail ballots shall be only in such form and content as prescribed by the board and, except as provided in § 65-25-113(a)(3) , shall be delivered by the cooperative to the members via the United States mail with, or in any event at the same time as, the mailing of the notice of the member meeting at or with respect to which they will be voted.
(1) If the bylaws allow for voting by proxy, by mail balloting, or by both, to sell or lease-sell all or any substantial portion of the cooperative's assets and properties or to dissolve the cooperative as an incident of such sale or lease-sale, they shall also allow for voting by proxy or by mail balloting on a proposal to merge or consolidate with one (1) or more other cooperatives;
(2) No one (1) member or other person may vote as proxy for more than three (3) members except in voting on a proposal to: (A) Sell, lease, lease-sell or otherwise dispose of or encumber all or a substantial portion of a cooperative's assets and properties that are devoted to and used or useful in achieving one (1) or more of its purposes; or (B) Dissolve a cooperative; in either of which case the bylaws may provide that one (1) member or other person may vote for up to but no more than ten (10) members;
(A) Sell, lease, lease-sell or otherwise dispose of or encumber all or a substantial portion of a cooperative's assets and properties that are devoted to and used or useful in achieving one (1) or more of its purposes; or
(B) Dissolve a cooperative; in either of which case the bylaws may provide that one (1) member or other person may vote for up to but no more than ten (10) members;
in either of which case the bylaws may provide that one (1) member or other person may vote for up to but no more than ten (10) members;
(3) Provisions for mail voting and return of written ballots shall be such that, although voting by an identifiable member may be reasonably verified, such voting shall be secret and such ballots may, instead of being delivered to the cooperative by mail, be delivered to the cooperative in any other proper manner; and
(4) Printed mail ballots shall be only in such form and content as prescribed by the board and, except as provided in § 65-25-113(a)(3) , shall be delivered by the cooperative to the members via the United States mail with, or in any event at the same time as, the mailing of the notice of the member meeting at or with respect to which they will be voted.
(f) Notwithstanding a bylaw provision to the contrary, and subject to guidelines and procedures as the cooperative may adopt, a cooperative may permit a director, and any or all cooperative members, to participate in a regular or special meeting by, and the cooperative may conduct the meeting through the use of, any means of virtual or remote communication if the cooperative: (1) Implements reasonable measures to verify that each person deemed present and permitted to attend or vote at the meeting by means of virtual or remote communication is a director or cooperative member; (2) Implements reasonable measures to provide directors or cooperative members a reasonable opportunity to participate in the meeting and to vote on matters submitted to the board or cooperative members, including an opportunity to read or hear the proceedings of the meeting substantially concurrently with the proceedings; and (3) Maintains a record of any vote or other action taken by a director or cooperative member that is taken by means of virtual or remote communication.
(1) Implements reasonable measures to verify that each person deemed present and permitted to attend or vote at the meeting by means of virtual or remote communication is a director or cooperative member;
(2) Implements reasonable measures to provide directors or cooperative members a reasonable opportunity to participate in the meeting and to vote on matters submitted to the board or cooperative members, including an opportunity to read or hear the proceedings of the meeting substantially concurrently with the proceedings; and
(3) Maintains a record of any vote or other action taken by a director or cooperative member that is taken by means of virtual or remote communication.
(g) A director or cooperative member who participates in a meeting by the means described in subsection (f), whether the meeting is to be held at a designated place or solely by means of virtual or remote communication, is deemed to be present in person at the meeting.
Amended by 2022 Tenn. Acts, ch. 811, s 1, eff. 4/8/2022.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-211 .
Tenn. Code Ann. § 65-15-105 — TN Code / Title 65 / Chapter 15 / Section 65-15-105
Interstate commerce and government business excepted
Status: in_force

Neither this part nor any provision thereof shall be construed to regulate or apply to commerce with foreign nations, or commerce among the several states of the United States, or to business conducted for the government of the United States, except insofar as the same may be permitted under the Constitution of the United States and the acts of congress. Acts 1933, ch. 119, § 19; C. Supp. 1950, § 5501.21 (Williams, § 5501.19); T.C.A. (orig. ed.), § 65-1505.
Neither this part nor any provision thereof shall be construed to regulate or apply to commerce with foreign nations, or commerce among the several states of the United States, or to business conducted for the government of the United States, except insofar as the same may be permitted under the Constitution of the United States and the acts of congress.
Acts 1933, ch. 119, § 19; C. Supp. 1950, § 5501.21 (Williams, § 5501.19); T.C.A. (orig. ed.), § 65-1505.
Tenn. Code Ann. § 65-29-106 — TN Code / Title 65 / Chapter 29 / Section 65-29-106
Incorporators
Status: in_force

Five (5) or more natural persons, or two (2) or more cooperatives, may organize a cooperative in the manner provided for in this chapter. Acts 1961, ch. 330, § 6; T.C.A., § 65-2906.
Five (5) or more natural persons, or two (2) or more cooperatives, may organize a cooperative in the manner provided for in this chapter.
Acts 1961, ch. 330, § 6; T.C.A., § 65-2906.
Tenn. Code Ann. § 65-25-110 — TN Code / Title 65 / Chapter 25 / Section 65-25-110
Officers of cooperative
Status: in_force

(a) The principal officers of a cooperative shall consist of a president and/or chair, vice president and/or vice chair, secretary, and treasurer, who shall be elected annually by and from the board. No person shall continue to hold any of the above offices after having ceased to be a director. The offices of secretary and of treasurer may be held by the same person. (b) The board may also elect or appoint such other officers, agents or employees as it shall deem necessary or advisable and shall prescribe their powers and duties. (c) Subject to the removal of directors as may be provided for in the bylaws, any officer elected or appointed by the board may by the board be removed from such office and a successor elected or appointed whenever the board determines that such action is in the cooperative's best interests. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-210 .
(a) The principal officers of a cooperative shall consist of a president and/or chair, vice president and/or vice chair, secretary, and treasurer, who shall be elected annually by and from the board. No person shall continue to hold any of the above offices after having ceased to be a director. The offices of secretary and of treasurer may be held by the same person.
(b) The board may also elect or appoint such other officers, agents or employees as it shall deem necessary or advisable and shall prescribe their powers and duties.
(c) Subject to the removal of directors as may be provided for in the bylaws, any officer elected or appointed by the board may by the board be removed from such office and a successor elected or appointed whenever the board determines that such action is in the cooperative's best interests.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-210 .
Tenn. Code Ann. § 65-11-107 — TN Code / Title 65 / Chapter 11 / Section 65-11-107
Elimination of grade crossings over public highways
Status: in_force

The department of transportation through its commissioner or the commissioner's designee has the power to eliminate grade crossings of any railroad or interurban railway track on any of the main traveled roads designated by the commissioner or the commissioner's designee as included in the general highway plan of the state, whenever, in the discretion of the commissioner or the commissioner's designee, the elimination of any such grade crossing is necessary for the protection of persons traveling on any such highway or any such railroad. Acts 1921, ch. 132, § 1; Shan. Supp., § 1582a2; mod. Code 1932, § 2638; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1107.
The department of transportation through its commissioner or the commissioner's designee has the power to eliminate grade crossings of any railroad or interurban railway track on any of the main traveled roads designated by the commissioner or the commissioner's designee as included in the general highway plan of the state, whenever, in the discretion of the commissioner or the commissioner's designee, the elimination of any such grade crossing is necessary for the protection of persons traveling on any such highway or any such railroad.
Acts 1921, ch. 132, § 1; Shan. Supp., § 1582a2; mod. Code 1932, § 2638; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1107.
Tenn. Code Ann. § 65-33-103 — TN Code / Title 65 / Chapter 33 / Section 65-33-103
Payment of delinquent bill prior to participation
Status: in_force

A customer may be required to pay all delinquent bills before participating in a payment-averaging program. Acts 1978, ch. 615, § 3; T.C.A., § 65-3503.
A customer may be required to pay all delinquent bills before participating in a payment-averaging program.
Acts 1978, ch. 615, § 3; T.C.A., § 65-3503.
Tenn. Code Ann. § 65-19-201 — TN Code / Title 65 / Chapter 19 / Section 65-19-201
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Ridesharing Act." Acts 1984, ch. 557, § 1.
This part shall be known and may be cited as the "Tennessee Ridesharing Act."
Acts 1984, ch. 557, § 1.
Tenn. Code Ann. § 65-29-117 — TN Code / Title 65 / Chapter 29 / Section 65-29-117
Conversion of existing corporations
Status: in_force

(a) Any corporation, private or not-for-profit organized under the laws of this state for the purpose, among others, of supplying telephone service to its subscribers may be converted into a cooperative and become subject to this chapter with the same effect as if originally organized under this chapter by complying with the following requirements: (1) The proposition for the conversion of such corporation into a cooperative and proposed articles of conversion to give effect thereto shall be first approved by the board of trustees or the board of directors, as the case may be, of such corporation. The proposed articles of conversion shall recite in the caption that they are executed pursuant to this chapter and shall state: (A) The name of the corporation prior to its conversion into a cooperative; (B) The address of the principal office of such corporation; (C) The date of the filing of articles of incorporation of such corporation in the office of the secretary of state; (D) The statute or statutes under which such corporation was organized; (E) The name assumed by such corporation; (F) A statement that such corporation elects to become a cooperative, nonprofit, membership corporation subject to this chapter; (G) The manner and basis of converting either memberships in or shares of stock of such corporation into membership in the converted corporation; and (H) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs; (2) The proposition for the conversion of such corporation into a cooperative and the proposed articles of conversion approved by the board of trustees or board of directors, as the case may be, of such corporation shall then be submitted to a vote of the members or stockholders, as the case may be, of such corporation at any duly held annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed conversion. The proposition for the conversion of such corporation into a cooperative and the proposed articles of conversion, with such amendments thereto as the members or stockholders of such corporation shall choose to make, shall be deemed to be approved upon the affirmative vote of not less than two-thirds (2/3) of those members of such corporation voting thereon at such meeting, or if such corporation is a stock corporation, upon the affirmative vote of the holders of not less than two-thirds (2/3) of the capital stock of such corporation represented at such meeting; provided, that for the purposes of this section, a quorum under the provisions contained in § 65-29-109(f) , shall constitute a quorum of any converting general welfare corporation or corporation not-for-profit whether or not such would be the quorum under any other existing law; and (3) Upon such approval by the members or stockholders of such corporation, articles of conversion in the form approved by such members or stockholders shall be executed and acknowledged on behalf of such corporation by its president or vice president, and its corporate seal shall be affixed thereto and attested by its secretary. The president or vice president executing such articles of conversion on behalf of such corporation shall also make and annex thereto an affidavit stating that there has been compliance with this section with respect to the approval of its trustees or directors and its members or stockholders, of the proposition for the conversion of such corporation into a cooperative and such articles of conversion. Such articles of conversion and affidavit shall be submitted to the secretary of state for filing as provided in this chapter. (b) "Articles of incorporation," as used in this chapter, includes the articles of conversion of a converted corporation. Acts 1961, ch. 330, § 16; 1973, ch. 157, § 1; T.C.A., § 65-2917.
(a) Any corporation, private or not-for-profit organized under the laws of this state for the purpose, among others, of supplying telephone service to its subscribers may be converted into a cooperative and become subject to this chapter with the same effect as if originally organized under this chapter by complying with the following requirements: (1) The proposition for the conversion of such corporation into a cooperative and proposed articles of conversion to give effect thereto shall be first approved by the board of trustees or the board of directors, as the case may be, of such corporation. The proposed articles of conversion shall recite in the caption that they are executed pursuant to this chapter and shall state: (A) The name of the corporation prior to its conversion into a cooperative; (B) The address of the principal office of such corporation; (C) The date of the filing of articles of incorporation of such corporation in the office of the secretary of state; (D) The statute or statutes under which such corporation was organized; (E) The name assumed by such corporation; (F) A statement that such corporation elects to become a cooperative, nonprofit, membership corporation subject to this chapter; (G) The manner and basis of converting either memberships in or shares of stock of such corporation into membership in the converted corporation; and (H) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs; (2) The proposition for the conversion of such corporation into a cooperative and the proposed articles of conversion approved by the board of trustees or board of directors, as the case may be, of such corporation shall then be submitted to a vote of the members or stockholders, as the case may be, of such corporation at any duly held annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed conversion. The proposition for the conversion of such corporation into a cooperative and the proposed articles of conversion, with such amendments thereto as the members or stockholders of such corporation shall choose to make, shall be deemed to be approved upon the affirmative vote of not less than two-thirds (2/3) of those members of such corporation voting thereon at such meeting, or if such corporation is a stock corporation, upon the affirmative vote of the holders of not less than two-thirds (2/3) of the capital stock of such corporation represented at such meeting; provided, that for the purposes of this section, a quorum under the provisions contained in § 65-29-109(f) , shall constitute a quorum of any converting general welfare corporation or corporation not-for-profit whether or not such would be the quorum under any other existing law; and (3) Upon such approval by the members or stockholders of such corporation, articles of conversion in the form approved by such members or stockholders shall be executed and acknowledged on behalf of such corporation by its president or vice president, and its corporate seal shall be affixed thereto and attested by its secretary. The president or vice president executing such articles of conversion on behalf of such corporation shall also make and annex thereto an affidavit stating that there has been compliance with this section with respect to the approval of its trustees or directors and its members or stockholders, of the proposition for the conversion of such corporation into a cooperative and such articles of conversion. Such articles of conversion and affidavit shall be submitted to the secretary of state for filing as provided in this chapter.
(1) The proposition for the conversion of such corporation into a cooperative and proposed articles of conversion to give effect thereto shall be first approved by the board of trustees or the board of directors, as the case may be, of such corporation. The proposed articles of conversion shall recite in the caption that they are executed pursuant to this chapter and shall state: (A) The name of the corporation prior to its conversion into a cooperative; (B) The address of the principal office of such corporation; (C) The date of the filing of articles of incorporation of such corporation in the office of the secretary of state; (D) The statute or statutes under which such corporation was organized; (E) The name assumed by such corporation; (F) A statement that such corporation elects to become a cooperative, nonprofit, membership corporation subject to this chapter; (G) The manner and basis of converting either memberships in or shares of stock of such corporation into membership in the converted corporation; and (H) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs;
(A) The name of the corporation prior to its conversion into a cooperative;
(B) The address of the principal office of such corporation;
(C) The date of the filing of articles of incorporation of such corporation in the office of the secretary of state;
(D) The statute or statutes under which such corporation was organized;
(E) The name assumed by such corporation;
(F) A statement that such corporation elects to become a cooperative, nonprofit, membership corporation subject to this chapter;
(G) The manner and basis of converting either memberships in or shares of stock of such corporation into membership in the converted corporation; and
(H) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs;
(2) The proposition for the conversion of such corporation into a cooperative and the proposed articles of conversion approved by the board of trustees or board of directors, as the case may be, of such corporation shall then be submitted to a vote of the members or stockholders, as the case may be, of such corporation at any duly held annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed conversion. The proposition for the conversion of such corporation into a cooperative and the proposed articles of conversion, with such amendments thereto as the members or stockholders of such corporation shall choose to make, shall be deemed to be approved upon the affirmative vote of not less than two-thirds (2/3) of those members of such corporation voting thereon at such meeting, or if such corporation is a stock corporation, upon the affirmative vote of the holders of not less than two-thirds (2/3) of the capital stock of such corporation represented at such meeting; provided, that for the purposes of this section, a quorum under the provisions contained in § 65-29-109(f) , shall constitute a quorum of any converting general welfare corporation or corporation not-for-profit whether or not such would be the quorum under any other existing law; and
(3) Upon such approval by the members or stockholders of such corporation, articles of conversion in the form approved by such members or stockholders shall be executed and acknowledged on behalf of such corporation by its president or vice president, and its corporate seal shall be affixed thereto and attested by its secretary. The president or vice president executing such articles of conversion on behalf of such corporation shall also make and annex thereto an affidavit stating that there has been compliance with this section with respect to the approval of its trustees or directors and its members or stockholders, of the proposition for the conversion of such corporation into a cooperative and such articles of conversion. Such articles of conversion and affidavit shall be submitted to the secretary of state for filing as provided in this chapter.
(b) "Articles of incorporation," as used in this chapter, includes the articles of conversion of a converted corporation.
Acts 1961, ch. 330, § 16; 1973, ch. 157, § 1; T.C.A., § 65-2917.
Tenn. Code Ann. § 65-2-102 — TN Code / Title 65 / Chapter 2 / Section 65-2-102
Adoption, effective date and publication of rules
Status: in_force

(a) The commission is empowered and directed to adopt rules in the following circumstances and in the following manner: (1) The commission shall adopt rules governing the procedure prescribed or authorized by this chapter or by any other statute applicable to the commission; these rules shall include, but shall not be limited to, rules of practice before the commission, together with forms and instructions; (2) The commission is empowered to adopt rules implementing, interpreting, or making specific the various laws which it enforces or administers; provided, that the commission shall have no power to vary or deviate from those laws, nor to extend its power or jurisdiction to matters not provided for in those laws; (3) The commission may adopt, amend, or repeal such rules on its own motion, or on the petition of any interested person. The commission shall prescribe by rule the form of such petitions and the procedure for their submission, consideration and disposition; provided, that the commission shall abide by any such rule adopted by it, until it shall have been changed in the manner provided for in this chapter; and (4) Prior to the adoption of any rule, or to the amendment or repeal of any rule, the commission shall, so far as practicable and in such manner as it deems expedient, publish or otherwise circulate notice of its intended action, and afford interested persons opportunity to submit data or argument in such manner as the commission shall prescribe; provided, that no person shall be entitled to challenge the validity of such a rule, or the amendment or repeal of such a rule, on the grounds that such person failed to receive such notice or was not given an opportunity to be heard. (b) Rules adopted by the commission shall take effect at such date as the commission shall direct. The commission shall compile and publish all rules adopted by it in such manner and in such form as it deems expedient. The commission shall also furnish copies of such compilations of its rules to all persons requesting same at a price fixed by the commission to cover publication and mailing costs. Acts 1953, ch. 162, §§ 2, 3(Williams §§5501.25, 5501.26); T.C.A. (orig. ed.), §§ 65-202, 65-203; T.C.A. (orig. ed.), § 65-2-103 ; Acts 1995, ch. 305, § 9.
(a) The commission is empowered and directed to adopt rules in the following circumstances and in the following manner: (1) The commission shall adopt rules governing the procedure prescribed or authorized by this chapter or by any other statute applicable to the commission; these rules shall include, but shall not be limited to, rules of practice before the commission, together with forms and instructions; (2) The commission is empowered to adopt rules implementing, interpreting, or making specific the various laws which it enforces or administers; provided, that the commission shall have no power to vary or deviate from those laws, nor to extend its power or jurisdiction to matters not provided for in those laws; (3) The commission may adopt, amend, or repeal such rules on its own motion, or on the petition of any interested person. The commission shall prescribe by rule the form of such petitions and the procedure for their submission, consideration and disposition; provided, that the commission shall abide by any such rule adopted by it, until it shall have been changed in the manner provided for in this chapter; and (4) Prior to the adoption of any rule, or to the amendment or repeal of any rule, the commission shall, so far as practicable and in such manner as it deems expedient, publish or otherwise circulate notice of its intended action, and afford interested persons opportunity to submit data or argument in such manner as the commission shall prescribe; provided, that no person shall be entitled to challenge the validity of such a rule, or the amendment or repeal of such a rule, on the grounds that such person failed to receive such notice or was not given an opportunity to be heard.
(1) The commission shall adopt rules governing the procedure prescribed or authorized by this chapter or by any other statute applicable to the commission; these rules shall include, but shall not be limited to, rules of practice before the commission, together with forms and instructions;
(2) The commission is empowered to adopt rules implementing, interpreting, or making specific the various laws which it enforces or administers; provided, that the commission shall have no power to vary or deviate from those laws, nor to extend its power or jurisdiction to matters not provided for in those laws;
(3) The commission may adopt, amend, or repeal such rules on its own motion, or on the petition of any interested person. The commission shall prescribe by rule the form of such petitions and the procedure for their submission, consideration and disposition; provided, that the commission shall abide by any such rule adopted by it, until it shall have been changed in the manner provided for in this chapter; and
(4) Prior to the adoption of any rule, or to the amendment or repeal of any rule, the commission shall, so far as practicable and in such manner as it deems expedient, publish or otherwise circulate notice of its intended action, and afford interested persons opportunity to submit data or argument in such manner as the commission shall prescribe; provided, that no person shall be entitled to challenge the validity of such a rule, or the amendment or repeal of such a rule, on the grounds that such person failed to receive such notice or was not given an opportunity to be heard.
(b) Rules adopted by the commission shall take effect at such date as the commission shall direct. The commission shall compile and publish all rules adopted by it in such manner and in such form as it deems expedient. The commission shall also furnish copies of such compilations of its rules to all persons requesting same at a price fixed by the commission to cover publication and mailing costs.
Acts 1953, ch. 162, §§ 2, 3(Williams §§5501.25, 5501.26); T.C.A. (orig. ed.), §§ 65-202, 65-203; T.C.A. (orig. ed.), § 65-2-103 ; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-29-104 — TN Code / Title 65 / Chapter 29 / Section 65-29-104
Powers
Status: in_force

A cooperative has the power to: (1) Sue and to be sued, in its corporate name; (2) Have perpetual existence; (3) Adopt a corporate seal and alter the same at pleasure; (4) Furnish, improve and extend telephone service, provide extended area service and telephone toll service to its members, to governmental agencies and political subdivisions, and to other persons not in excess of ten percent (10%) of the number of its members; provided, that without regard to the ten percent (10%) limitation, telephone service may be made available by a cooperative through interconnection of facilities to any number of subscribers of other telephone systems, and through pay stations to any number of users; and provided further, that a cooperative which, prior to its becoming subject to this chapter, has acquired all or part of a telephone system or systems may continue service to persons served from such systems or facilities without requiring such persons to become members, but only if the number of persons so served does not exceed twenty-five percent (25%) of the total number of persons served by the cooperative and the twenty-five percent (25%) exception shall be reduced to ten percent (10%) within twelve (12) months from date of acquisition; and provided further, that such nonmembers shall have the right to become members upon such terms as may be prescribed in the bylaws; (5) Connect and interconnect its telephone lines, facilities or system with other telephone lines or systems, and make its facilities available to persons furnishing telephone service within or without this state; (6) Become a member in one (1) or more other cooperatives or corporations or own stock in one (1) or more other cooperatives or corporations; (7) Construct, maintain, operate, purchase, take, receive, lease as lessee or otherwise acquire, and own, hold, use, equip, maintain, and operate, and sell, assign, transfer, convey, exchange, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber, telephone communication lines or systems, lands, buildings, structures, exchanges, plants and equipment, and any and all kinds and classes of real or personal property whatsoever, which shall be deemed necessary, convenient, or appropriate to accomplish the purpose for which the cooperative is organized; (8) Purchase or otherwise acquire, and own, hold, use, and exercise and sell, assign, transfer, convey, mortgage, pledge, hypothecate, or otherwise dispose of or encumber, franchises, rights, privileges, licenses, rights-of-way, or easements; (9) Borrow money and otherwise contract indebtedness, and issue or guarantee notes, bonds, and other evidences of indebtedness therefor, and secure the payment thereof by mortgage, pledge, deed of trust, or any other encumbrance upon any or all of its then-owned or after-acquired real or personal property, assets, franchises, revenues or income; (10) Make any and all contracts necessary or convenient for the full exercise of the powers in this chapter granted, including, but not limited to, contracts with any person for the purchase or sale of telephone service and in connection with any such contract to stipulate and agree to such covenants, terms, and conditions as the board of directors may deem appropriate, including covenants, terms and conditions with respect to resale rates, financial and accounting methods, services, operation and maintenance practices, and, consistent with § 65-29-122 , the manner of disposing of the revenues of the properties operated and maintained by the cooperative; (11) Construct, maintain, and operate telephone and communication lines, along, upon, under and across all public thoroughfares, including, without limitation, all roads, highways, streets, alleys, bridges, and causeways, and upon, under, and across all publicly owned lands; provided, that the respective authorities having jurisdiction thereof shall have the authority to designate or specify where poles shall be located; (12) Condemn, subject to § 65-29-125 , either the fee or such right, title, interest, or easement in property as the board of directors may deem necessary for its corporate purpose, and such property or interest in such property may be so acquired whether or not the same is owned or held for public use by corporations, associations, or persons having the power of eminent domain, or otherwise held or used for public purposes, and such power of condemnation may be exercised in the mode of procedure prescribed by §§ 29-16-101 - 29-16-122, 29-16-202 and 29-16-203 or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain; (13) Conduct its business and exercise any or all of its powers within or without this state; (14) Adopt, amend, and repeal bylaws; and (15) Do and perform any and all other acts and things and have and exercise any and all other powers which may be necessary, convenient, or appropriate to accomplish the purpose for which the cooperative is organized. Amended by 2014 Tenn. Acts, ch. 927,s 13, eff. 5/16/2014. Acts 1961, ch. 330, § 4; T.C.A., § 65-2904.
A cooperative has the power to:
(1) Sue and to be sued, in its corporate name;
(2) Have perpetual existence;
(3) Adopt a corporate seal and alter the same at pleasure;
(4) Furnish, improve and extend telephone service, provide extended area service and telephone toll service to its members, to governmental agencies and political subdivisions, and to other persons not in excess of ten percent (10%) of the number of its members; provided, that without regard to the ten percent (10%) limitation, telephone service may be made available by a cooperative through interconnection of facilities to any number of subscribers of other telephone systems, and through pay stations to any number of users; and provided further, that a cooperative which, prior to its becoming subject to this chapter, has acquired all or part of a telephone system or systems may continue service to persons served from such systems or facilities without requiring such persons to become members, but only if the number of persons so served does not exceed twenty-five percent (25%) of the total number of persons served by the cooperative and the twenty-five percent (25%) exception shall be reduced to ten percent (10%) within twelve (12) months from date of acquisition; and provided further, that such nonmembers shall have the right to become members upon such terms as may be prescribed in the bylaws;
(5) Connect and interconnect its telephone lines, facilities or system with other telephone lines or systems, and make its facilities available to persons furnishing telephone service within or without this state;
(6) Become a member in one (1) or more other cooperatives or corporations or own stock in one (1) or more other cooperatives or corporations;
(7) Construct, maintain, operate, purchase, take, receive, lease as lessee or otherwise acquire, and own, hold, use, equip, maintain, and operate, and sell, assign, transfer, convey, exchange, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber, telephone communication lines or systems, lands, buildings, structures, exchanges, plants and equipment, and any and all kinds and classes of real or personal property whatsoever, which shall be deemed necessary, convenient, or appropriate to accomplish the purpose for which the cooperative is organized;
(8) Purchase or otherwise acquire, and own, hold, use, and exercise and sell, assign, transfer, convey, mortgage, pledge, hypothecate, or otherwise dispose of or encumber, franchises, rights, privileges, licenses, rights-of-way, or easements;
(9) Borrow money and otherwise contract indebtedness, and issue or guarantee notes, bonds, and other evidences of indebtedness therefor, and secure the payment thereof by mortgage, pledge, deed of trust, or any other encumbrance upon any or all of its then-owned or after-acquired real or personal property, assets, franchises, revenues or income;
(10) Make any and all contracts necessary or convenient for the full exercise of the powers in this chapter granted, including, but not limited to, contracts with any person for the purchase or sale of telephone service and in connection with any such contract to stipulate and agree to such covenants, terms, and conditions as the board of directors may deem appropriate, including covenants, terms and conditions with respect to resale rates, financial and accounting methods, services, operation and maintenance practices, and, consistent with § 65-29-122 , the manner of disposing of the revenues of the properties operated and maintained by the cooperative;
(11) Construct, maintain, and operate telephone and communication lines, along, upon, under and across all public thoroughfares, including, without limitation, all roads, highways, streets, alleys, bridges, and causeways, and upon, under, and across all publicly owned lands; provided, that the respective authorities having jurisdiction thereof shall have the authority to designate or specify where poles shall be located;
(12) Condemn, subject to § 65-29-125 , either the fee or such right, title, interest, or easement in property as the board of directors may deem necessary for its corporate purpose, and such property or interest in such property may be so acquired whether or not the same is owned or held for public use by corporations, associations, or persons having the power of eminent domain, or otherwise held or used for public purposes, and such power of condemnation may be exercised in the mode of procedure prescribed by §§ 29-16-101 - 29-16-122, 29-16-202 and 29-16-203 or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain;
(13) Conduct its business and exercise any or all of its powers within or without this state;
(14) Adopt, amend, and repeal bylaws; and
(15) Do and perform any and all other acts and things and have and exercise any and all other powers which may be necessary, convenient, or appropriate to accomplish the purpose for which the cooperative is organized.
Amended by 2014 Tenn. Acts, ch. 927,s 13, eff. 5/16/2014.
Acts 1961, ch. 330, § 4; T.C.A., § 65-2904.
Tenn. Code Ann. § 65-14-105 — TN Code / Title 65 / Chapter 14 / Section 65-14-105
Leasing of terminal facilities to railroad companies
Status: in_force

The corporation may lease to any railroad company or railroad companies its freight or passenger depots or stations, and its other terminal facilities located at any place where the line or lines of the railroad company or companies may terminate, or through which they may pass, and such lease may be upon such terms and for such time as may be agreed upon by the parties. Acts 1893, ch. 11, § 3; Shan., § 2434; mod. Code 1932, § 4063; T.C.A. (orig. ed.), § 65-1405.
The corporation may lease to any railroad company or railroad companies its freight or passenger depots or stations, and its other terminal facilities located at any place where the line or lines of the railroad company or companies may terminate, or through which they may pass, and such lease may be upon such terms and for such time as may be agreed upon by the parties.
Acts 1893, ch. 11, § 3; Shan., § 2434; mod. Code 1932, § 4063; T.C.A. (orig. ed.), § 65-1405.
Tenn. Code Ann. § 65-36-106 — TN Code / Title 65 / Chapter 36 / Section 65-36-106
Telephone, telegraph and telecommunications services
Status: in_force

Notwithstanding any other provisions of this chapter or other law to the contrary, if the exercise of power or authority granted by this chapter involves any system, plant, or equipment for the provision of telephone, telegraph, telecommunications services or any other like system, plant, or equipment, such exercise, whether by a municipal electric system, an electric cooperative or jointly, shall not be subject to this chapter but instead shall be subject to title 7, chapter 52, as amended. With respect to telephone, telegraph, or telecommunications services, electric cooperatives shall be subject to regulation by the Tennessee public utility commission to the same extent as municipal electric utilities under title 7, chapter 52. Amended by 2017 Tenn. Acts, ch. 94,s 71, eff. 4/4/2017. Acts 1997, ch. 520, § 6.
Notwithstanding any other provisions of this chapter or other law to the contrary, if the exercise of power or authority granted by this chapter involves any system, plant, or equipment for the provision of telephone, telegraph, telecommunications services or any other like system, plant, or equipment, such exercise, whether by a municipal electric system, an electric cooperative or jointly, shall not be subject to this chapter but instead shall be subject to title 7, chapter 52, as amended. With respect to telephone, telegraph, or telecommunications services, electric cooperatives shall be subject to regulation by the Tennessee public utility commission to the same extent as municipal electric utilities under title 7, chapter 52.
Amended by 2017 Tenn. Acts, ch. 94,s 71, eff. 4/4/2017.
Acts 1997, ch. 520, § 6.
Tenn. Code Ann. § 65-5-114 — TN Code / Title 65 / Chapter 5 / Section 65-5-114
Tennessee Natural Gas Innovation Act
Status: in_force

(a) This section is known and may be cited as the "Tennessee Natural Gas Innovation Act." (b) As used in this section: (1) "Biogas" means gas produced by the anaerobic digestion of biomass, gasification of biomass, or other effective conversion processes; (2) "Commission" means the Tennessee public utilities commission; (3) "Farm gas" means a gas derived from agricultural waste; (4) "Hydrogen" means hydrogen gas produced through: (A) Carbon capture and storage; (B) The use of renewable energy to break down water into hydrogen and oxygen through electrolysis; (C) The breakdown of methane into hydrogen and solid carbon through pyrolysis; or (D) Other means determined by the commission to be lower carbon; (5) "Incremental innovative natural gas cost" means costs that are above the published price index for natural gas, applicable to the geographic location closest in proximity to the innovative natural gas resource; (6) "Innovative natural gas resource" includes, but is not limited to, farm gas, biogas, renewable natural gas, hydrogen, carbon capture, qualified offsets, renewable natural gas attributes, RSG, and energy efficiency resources; (7) "Qualified offsets" means a reduction in greenhouse gas emission or an increase in carbon storage; (8) "Renewable natural gas" means a pipeline-compatible gaseous fuel derived from a biogenic substance, or other renewable sources that has lower lifecycle carbon dioxide emissions than geological natural gas; (9) "Renewable natural gas attributes" means the environmental attributes associated with renewable natural gas; and (10) "Responsibly sourced gas" or "RSG" means conventional natural gas that has been produced by companies whose operations have been independently verified as meeting certain environmental, social, and governance (ESG) standards set by the Sustainability Accounting Standards Board, including primarily air emission reductions. (c) A public utility may request, and the commission may authorize, a mechanism to recover the costs related to the use or development of infrastructure to facilitate use of innovative natural gas resources for natural gas utility customers, if the commission finds that the costs are in the public interest. Such a mechanism may include: (1) Capital investments for the production, processing, pipeline interconnection, storage, and distribution of innovative natural gas resources; (2) Incremental operating costs associated with capital investments in infrastructure for the production, processing, pipeline interconnection, storage, and distribution of innovative natural gas resources; or (3) Incremental innovative natural gas costs to procure innovative natural gas resources from third parties. (d) (1) The commission shall grant recovery and authorize a separate recovery mechanism, or adjust rates through a utility's existing annual review process described under § 65-5-103(d)(6) , to recover operational expenses or capital costs, or both, associated with the investment in natural gas innovation resources, including a return on the innovative natural gas resource capital investments, utilizing, at a minimum, the authorized return on equity approved by the commission at the public utility's most recent general rate case pursuant to §§ 65-5-101 and 65-5-103(a) , upon a finding that the mechanism or adjustment is in the public interest. (2) An incremental rate adjustment due to the investment in innovative natural gas resources must not exceed two percent (2%) of a utility's latest approved annual revenue requirement. (e) Expenses described in subdivision (c)(3) may be reflected in a utility's purchased gas adjustment; provided, the total incremental natural gas cost cannot exceed three percent (3%) of the annual cost of gas. For purposes of establishing a recovery cap, three percent (3%) of total annual gas costs must be computed from the most current audited and approved gas costs for the public utility in a Tennessee public utility commission docket as of the first day of the month, twelve (12) months prior to the first day of the period under audit. Added by 2022 Tenn. Acts, ch. 706, s 1, eff. 3/18/2022.
(a) This section is known and may be cited as the "Tennessee Natural Gas Innovation Act."
(b) As used in this section: (1) "Biogas" means gas produced by the anaerobic digestion of biomass, gasification of biomass, or other effective conversion processes; (2) "Commission" means the Tennessee public utilities commission; (3) "Farm gas" means a gas derived from agricultural waste; (4) "Hydrogen" means hydrogen gas produced through: (A) Carbon capture and storage; (B) The use of renewable energy to break down water into hydrogen and oxygen through electrolysis; (C) The breakdown of methane into hydrogen and solid carbon through pyrolysis; or (D) Other means determined by the commission to be lower carbon; (5) "Incremental innovative natural gas cost" means costs that are above the published price index for natural gas, applicable to the geographic location closest in proximity to the innovative natural gas resource; (6) "Innovative natural gas resource" includes, but is not limited to, farm gas, biogas, renewable natural gas, hydrogen, carbon capture, qualified offsets, renewable natural gas attributes, RSG, and energy efficiency resources; (7) "Qualified offsets" means a reduction in greenhouse gas emission or an increase in carbon storage; (8) "Renewable natural gas" means a pipeline-compatible gaseous fuel derived from a biogenic substance, or other renewable sources that has lower lifecycle carbon dioxide emissions than geological natural gas; (9) "Renewable natural gas attributes" means the environmental attributes associated with renewable natural gas; and (10) "Responsibly sourced gas" or "RSG" means conventional natural gas that has been produced by companies whose operations have been independently verified as meeting certain environmental, social, and governance (ESG) standards set by the Sustainability Accounting Standards Board, including primarily air emission reductions.
(1) "Biogas" means gas produced by the anaerobic digestion of biomass, gasification of biomass, or other effective conversion processes;
(2) "Commission" means the Tennessee public utilities commission;
(3) "Farm gas" means a gas derived from agricultural waste;
(4) "Hydrogen" means hydrogen gas produced through: (A) Carbon capture and storage; (B) The use of renewable energy to break down water into hydrogen and oxygen through electrolysis; (C) The breakdown of methane into hydrogen and solid carbon through pyrolysis; or (D) Other means determined by the commission to be lower carbon;
(A) Carbon capture and storage;
(B) The use of renewable energy to break down water into hydrogen and oxygen through electrolysis;
(C) The breakdown of methane into hydrogen and solid carbon through pyrolysis; or
(D) Other means determined by the commission to be lower carbon;
(5) "Incremental innovative natural gas cost" means costs that are above the published price index for natural gas, applicable to the geographic location closest in proximity to the innovative natural gas resource;
(6) "Innovative natural gas resource" includes, but is not limited to, farm gas, biogas, renewable natural gas, hydrogen, carbon capture, qualified offsets, renewable natural gas attributes, RSG, and energy efficiency resources;
(7) "Qualified offsets" means a reduction in greenhouse gas emission or an increase in carbon storage;
(8) "Renewable natural gas" means a pipeline-compatible gaseous fuel derived from a biogenic substance, or other renewable sources that has lower lifecycle carbon dioxide emissions than geological natural gas;
(9) "Renewable natural gas attributes" means the environmental attributes associated with renewable natural gas; and
(10) "Responsibly sourced gas" or "RSG" means conventional natural gas that has been produced by companies whose operations have been independently verified as meeting certain environmental, social, and governance (ESG) standards set by the Sustainability Accounting Standards Board, including primarily air emission reductions.
(c) A public utility may request, and the commission may authorize, a mechanism to recover the costs related to the use or development of infrastructure to facilitate use of innovative natural gas resources for natural gas utility customers, if the commission finds that the costs are in the public interest. Such a mechanism may include: (1) Capital investments for the production, processing, pipeline interconnection, storage, and distribution of innovative natural gas resources; (2) Incremental operating costs associated with capital investments in infrastructure for the production, processing, pipeline interconnection, storage, and distribution of innovative natural gas resources; or (3) Incremental innovative natural gas costs to procure innovative natural gas resources from third parties.
(1) Capital investments for the production, processing, pipeline interconnection, storage, and distribution of innovative natural gas resources;
(2) Incremental operating costs associated with capital investments in infrastructure for the production, processing, pipeline interconnection, storage, and distribution of innovative natural gas resources; or
(3) Incremental innovative natural gas costs to procure innovative natural gas resources from third parties.
(d) (1) The commission shall grant recovery and authorize a separate recovery mechanism, or adjust rates through a utility's existing annual review process described under § 65-5-103(d)(6) , to recover operational expenses or capital costs, or both, associated with the investment in natural gas innovation resources, including a return on the innovative natural gas resource capital investments, utilizing, at a minimum, the authorized return on equity approved by the commission at the public utility's most recent general rate case pursuant to §§ 65-5-101 and 65-5-103(a) , upon a finding that the mechanism or adjustment is in the public interest. (2) An incremental rate adjustment due to the investment in innovative natural gas resources must not exceed two percent (2%) of a utility's latest approved annual revenue requirement.
(1) The commission shall grant recovery and authorize a separate recovery mechanism, or adjust rates through a utility's existing annual review process described under § 65-5-103(d)(6) , to recover operational expenses or capital costs, or both, associated with the investment in natural gas innovation resources, including a return on the innovative natural gas resource capital investments, utilizing, at a minimum, the authorized return on equity approved by the commission at the public utility's most recent general rate case pursuant to §§ 65-5-101 and 65-5-103(a) , upon a finding that the mechanism or adjustment is in the public interest.
(2) An incremental rate adjustment due to the investment in innovative natural gas resources must not exceed two percent (2%) of a utility's latest approved annual revenue requirement.
(e) Expenses described in subdivision (c)(3) may be reflected in a utility's purchased gas adjustment; provided, the total incremental natural gas cost cannot exceed three percent (3%) of the annual cost of gas. For purposes of establishing a recovery cap, three percent (3%) of total annual gas costs must be computed from the most current audited and approved gas costs for the public utility in a Tennessee public utility commission docket as of the first day of the month, twelve (12) months prior to the first day of the period under audit.
Added by 2022 Tenn. Acts, ch. 706, s 1, eff. 3/18/2022.
Tenn. Code Ann. § 65-29-126 — TN Code / Title 65 / Chapter 29 / Section 65-29-126
Waiver of notice
Status: in_force

Whenever any notice is required to be given under this chapter or under the articles of incorporation or bylaws of a cooperative, waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time fixed for the giving of such notice, shall be deemed equivalent to such notice. If a person entitled to notice of a meeting shall attend such meeting, such attendance shall constitute a waiver of notice of the meeting, except in case the attendance is for the express purpose of objecting to the transaction of any business because the meeting shall not have been lawfully called or convened. Acts 1961, ch. 330, § 25; T.C.A., § 65-2926.
Whenever any notice is required to be given under this chapter or under the articles of incorporation or bylaws of a cooperative, waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time fixed for the giving of such notice, shall be deemed equivalent to such notice. If a person entitled to notice of a meeting shall attend such meeting, such attendance shall constitute a waiver of notice of the meeting, except in case the attendance is for the express purpose of objecting to the transaction of any business because the meeting shall not have been lawfully called or convened.
Acts 1961, ch. 330, § 25; T.C.A., § 65-2926.
Tenn. Code Ann. § 65-12-106 — TN Code / Title 65 / Chapter 12 / Section 65-12-106
Wires strung over railroad tracks
Status: in_force

(a) Any person engaged in any business whereby wires are used for the transmission of intelligence or other purposes shall not string any wire or wires across railroad tracks without first having complied with the regulations of the department of transportation, prescribed to prevent accidents from such wires. (b) The department of transportation shall, after hearing all interested persons, prescribe and promulgate regulations for the construction and maintenance of wires across the tracks of railroads for the protection of trains, engines, cars, and the operatives thereof; provided, that the department of transportation's power is limited to regulation and the right to cross railroad tracks must be obtained by such wire-using companies according to law. (c) A violation of this section is a Class C misdemeanor. (d) Any person failing to construct or reconstruct and maintain its wire or wires as provided in this section shall be liable for all damages both to railroad companies and their employees resulting therefrom.
(a) Any person engaged in any business whereby wires are used for the transmission of intelligence or other purposes shall not string any wire or wires across railroad tracks without first having complied with the regulations of the department of transportation, prescribed to prevent accidents from such wires.
(b) The department of transportation shall, after hearing all interested persons, prescribe and promulgate regulations for the construction and maintenance of wires across the tracks of railroads for the protection of trains, engines, cars, and the operatives thereof; provided, that the department of transportation's power is limited to regulation and the right to cross railroad tracks must be obtained by such wire-using companies according to law.
(c) A violation of this section is a Class C misdemeanor.
(d) Any person failing to construct or reconstruct and maintain its wire or wires as provided in this section shall be liable for all damages both to railroad companies and their employees resulting therefrom.
Tenn. Code Ann. § 65-6-208 — TN Code / Title 65 / Chapter 6 / Section 65-6-208
Penalty for noncompliance
Status: in_force

Any railroad failing or refusing to comply with this part is subject to a penalty of one hundred dollars ($100) for each violation. This penalty shall be enforced and collected as provided by this part. Any judgment rendered for such penalty may also contain an order by the court directing compliance. Acts 1949, ch. 178, § 8; C. Supp. 1950, § 2670.8; T.C.A. (orig. ed.), § 65-630.
Any railroad failing or refusing to comply with this part is subject to a penalty of one hundred dollars ($100) for each violation. This penalty shall be enforced and collected as provided by this part. Any judgment rendered for such penalty may also contain an order by the court directing compliance.
Acts 1949, ch. 178, § 8; C. Supp. 1950, § 2670.8; T.C.A. (orig. ed.), § 65-630.
Tenn. Code Ann. § 65-28-109 — TN Code / Title 65 / Chapter 28 / Section 65-28-109
Limit of commission's jurisdiction
Status: in_force

Nothing in §§ 65-28-104 - 65-28-111 shall be deemed to confer upon the commission any additional power and jurisdiction to supervise or regulate the rates, services, franchises or other matters pertaining to pipeline systems or transportation of gas except with respect to the enforcement of federal safety standards prescribed by the secretary of the United States department of transportation and such additions and amendments as ordered by the commission; nor shall anything in §§ 65-28-104 - 65-28-111 be deemed to confer upon the commission any power to adopt or continue in force any standards for pipeline systems or transportation of gas, including carbon dioxide transported via interstate pipeline, subject to the jurisdiction of the federal power commission as prohibited in the Natural Gas Pipeline Safety Act ( 49 U.S.C. § 60101 et seq.). Acts 1970, ch. 558, § 7; T.C.A., § 65-2810; Acts 1995, ch. 305, § 36; 2010, ch. 846, § 1.
Nothing in §§ 65-28-104 - 65-28-111 shall be deemed to confer upon the commission any additional power and jurisdiction to supervise or regulate the rates, services, franchises or other matters pertaining to pipeline systems or transportation of gas except with respect to the enforcement of federal safety standards prescribed by the secretary of the United States department of transportation and such additions and amendments as ordered by the commission; nor shall anything in §§ 65-28-104 - 65-28-111 be deemed to confer upon the commission any power to adopt or continue in force any standards for pipeline systems or transportation of gas, including carbon dioxide transported via interstate pipeline, subject to the jurisdiction of the federal power commission as prohibited in the Natural Gas Pipeline Safety Act ( 49 U.S.C. § 60101 et seq.).
Acts 1970, ch. 558, § 7; T.C.A., § 65-2810; Acts 1995, ch. 305, § 36; 2010, ch. 846, § 1.
Tenn. Code Ann. § 65-22-101 — TN Code / Title 65 / Chapter 22 / Section 65-22-101
Acquisition of land
Status: in_force

Every corporation organized under the laws of any state of the United States and authorized to construct, own, and operate gas or electric plants or both for the purpose of furnishing gas or electricity or both to persons in this state or in this state and elsewhere, or authorized to engage in the business of reducing, generating, and furnishing light, heat, electricity and electrical and mechanical power generated or produced from steam power or water power obtained by a dam or dams across any stream or streams of water, or authorized to store, transport or distribute natural or artificial gas or oil to be used in producing light, heat or mechanical power, for sale to the public generally or to utility corporations for resale to the public generally, and, for any or all of such purposes, authorized to construct and maintain pipelines, is empowered to condemn and take upon paying or securing payment thereof, to purchase or otherwise acquire, such lands and interests in and by whomsoever owned as may be necessary or advisable in the construction, maintenance, and operation of either its gas or electric plants or both, and likewise to acquire the right to use, employ, and divert such water flowing in and running into any stream or watercourse as may be necessary or advisable in the exercise of its charter powers, such lands and interests in lands as may be necessary or advisable for establishing and maintaining its power houses, canals, flumes, conduits, pipelines, reservoirs, ponds, dams, transmission lines and other works, the rights-of-way for lines of poles, towers, wires, and transmission lines through any and all lands between its reservoirs, ponds, dams, power houses and other works and the cities and towns and other points at which its light, heat, water, electricity and electrical and mechanical or gas power may be transmitted, consumed or disposed of, such lands and interests in lands as may be necessary or advisable to place its electric wire, conductors, conduits, ditches, canals, flumes, pipelines, and transmission lines either above or underground; and every such corporation may at any time enter thereon and repair same or when deemed necessary or advisable may place additional equipment, appliances or appurtenances; provided, that such electric wires, conductors, conduits, ditches, canals, flumes, pipelines and transmission lines shall be placed in such manner as to do as little injury to the property of private persons as possible; and provided further, that every such corporation shall make compensation to the owners of the real estate condemned or taken through which its electric wires, conductors, conduits, ditches, canals, flumes, pipelines and transmission lines may be placed. If the owner and the corporation cannot agree upon the amount of compensation which should be paid, the taking shall proceed and the damages or compensation to be paid shall be assessed in the manner provided by title 29, chapter 16. Acts 1925, ch. 56, § 1; Shan. Supp., § 1880a32; mod. Code 1932, §§ 3167, 3942; T.C.A. (orig. ed.), § 65-2201.
Every corporation organized under the laws of any state of the United States and authorized to construct, own, and operate gas or electric plants or both for the purpose of furnishing gas or electricity or both to persons in this state or in this state and elsewhere, or authorized to engage in the business of reducing, generating, and furnishing light, heat, electricity and electrical and mechanical power generated or produced from steam power or water power obtained by a dam or dams across any stream or streams of water, or authorized to store, transport or distribute natural or artificial gas or oil to be used in producing light, heat or mechanical power, for sale to the public generally or to utility corporations for resale to the public generally, and, for any or all of such purposes, authorized to construct and maintain pipelines, is empowered to condemn and take upon paying or securing payment thereof, to purchase or otherwise acquire, such lands and interests in and by whomsoever owned as may be necessary or advisable in the construction, maintenance, and operation of either its gas or electric plants or both, and likewise to acquire the right to use, employ, and divert such water flowing in and running into any stream or watercourse as may be necessary or advisable in the exercise of its charter powers, such lands and interests in lands as may be necessary or advisable for establishing and maintaining its power houses, canals, flumes, conduits, pipelines, reservoirs, ponds, dams, transmission lines and other works, the rights-of-way for lines of poles, towers, wires, and transmission lines through any and all lands between its reservoirs, ponds, dams, power houses and other works and the cities and towns and other points at which its light, heat, water, electricity and electrical and mechanical or gas power may be transmitted, consumed or disposed of, such lands and interests in lands as may be necessary or advisable to place its electric wire, conductors, conduits, ditches, canals, flumes, pipelines, and transmission lines either above or underground; and every such corporation may at any time enter thereon and repair same or when deemed necessary or advisable may place additional equipment, appliances or appurtenances; provided, that such electric wires, conductors, conduits, ditches, canals, flumes, pipelines and transmission lines shall be placed in such manner as to do as little injury to the property of private persons as possible; and provided further, that every such corporation shall make compensation to the owners of the real estate condemned or taken through which its electric wires, conductors, conduits, ditches, canals, flumes, pipelines and transmission lines may be placed. If the owner and the corporation cannot agree upon the amount of compensation which should be paid, the taking shall proceed and the damages or compensation to be paid shall be assessed in the manner provided by title 29, chapter 16.
Acts 1925, ch. 56, § 1; Shan. Supp., § 1880a32; mod. Code 1932, §§ 3167, 3942; T.C.A. (orig. ed.), § 65-2201.
Tenn. Code Ann. § 65-11-109 — TN Code / Title 65 / Chapter 11 / Section 65-11-109
Compliance with order to eliminate grade crossing
Status: in_force

When any such grade crossing shall be ordered to be eliminated as provided, it shall be the duty of the railroad company owning or operating the track at such crossing to comply with the order of the commissioner of transportation or the commissioner's designee within the time specified in such order by preparing and submitting to the commissioner or the commissioner's designee for approval detailed plans and specifications and estimates of cost for the construction of such underpass or overpass and by the construction of the underpass or overpass in accordance with the plans and specifications so approved, including the necessary approaches thereto; provided, that: (1) Any such railroad company may request the commissioner of transportation or the commissioner's designee for an extension of time within which to begin and complete the actual construction of the underpass or overpass required by such order of the commissioner or the commissioner's designee. If the railroad company is dissatisfied with the commissioner's or the commissioner's designee's response to the request for an extension of time, such railroad company may file an appeal to the chancery court in the judicial district in which the grade crossing in question is located; provided that the appeal must be made within thirty (30) days of the date of the adverse response; (2) The detailed plans and specifications and estimates of cost for any such underpass or overpass ordered by the commissioner or the commissioner's designee may be prepared in the discretion of the commissioner or the commissioner's designee by the department of transportation's own engineers, or by engineers employed for the purpose, in which event such plans and specifications and estimates of cost shall be subject to the approval of the railroad company affected; (3) If any such railroad company shall, in obedience to the direction of the commissioner or the commissioner's designee make surveys and prepare estimates and plans, then the commissioner or the commissioner's designee shall within a reasonable time, not exceeding six (6) months, reimburse such railroad or railway for one-half (½) of the expense and cost of such work; and if, after the making and preparation of any such surveys, plans, and estimates of cost by any railroad company under the orders of the commissioner or the commissioner's designee, or any part thereof, the order for the elimination of the grade crossing be revoked by the commissioner or the commissioner's designee, and the elimination of such crossing abandoned, the commissioner or the commissioner's designee shall, within a reasonable time, not exceeding six (6) months from the date of the revocation, reimburse the railroad or railway company for all the actual expense and cost of such work incurred by the company, upon a presentation of an itemized and sworn statement of the expense and cost, the amount thereof to be included as a part of the cost of the highway of which such crossing is a part; (4) Before any railroad company shall be obligated or required to commence and prosecute the actual and physical work of separating any such grade crossing, the commissioner or the commissioner's designee shall have available sufficient funds with which to reimburse the railroad company for that part of the expenses of the separation which is to be paid out of the public funds under this chapter; and the commissioner or the commissioner's designee shall make to the railroad company, prosecuting such work, monthly payments in an amount which shall equal the proportion of the cost and expense which the public is required to pay under this chapter of all that part of the work, including both labor and materials, completed at the date of any monthly payment; and (5) When any grade crossing covered by §§ 65-11-107 and 65-11-108 shall have been ordered to be eliminated, as provided, it shall be the duty of the railroad company upon which such order of the state department of transportation may have been served, in accordance with this chapter, at once to comply with such order, or avail itself of the right of an appeal, as set forth in subdivision (1), within sixty (60) days from the date of the service of the order, and in the event any such railroad company should fail to comply with such order directing the elimination of such grade crossing, or to appeal within sixty (60) days, the commissioner or the commissioner's designee shall have the authority to proceed immediately with the construction of such grade crossing separation, and upon the completion of same to assess one-half (½) of the cost of preparation of plans and estimates and one-half (½) of the cost of the work of construction against the railroad company affected thereby, and all such costs as are assessed in this manner against such railroad company shall be a lien upon the physical properties of such railroad company, which lien shall be prior to any lien then existing against such physical properties, and the amount of such cost may be recovered against such railroad company by a suit brought on behalf of the state by the attorney general and reporter, and the enforcement, in the name of the state, of the lien. Acts 1921, ch. 132, § 2; 1923, ch. 35, § 1; Shan. Supp., § 1582a4; mod. Code 1932, § 2640; impl. am. Acts 1955, ch. 69, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1109; Acts 1995, ch. 305, § 27.
When any such grade crossing shall be ordered to be eliminated as provided, it shall be the duty of the railroad company owning or operating the track at such crossing to comply with the order of the commissioner of transportation or the commissioner's designee within the time specified in such order by preparing and submitting to the commissioner or the commissioner's designee for approval detailed plans and specifications and estimates of cost for the construction of such underpass or overpass and by the construction of the underpass or overpass in accordance with the plans and specifications so approved, including the necessary approaches thereto; provided, that:
(1) Any such railroad company may request the commissioner of transportation or the commissioner's designee for an extension of time within which to begin and complete the actual construction of the underpass or overpass required by such order of the commissioner or the commissioner's designee. If the railroad company is dissatisfied with the commissioner's or the commissioner's designee's response to the request for an extension of time, such railroad company may file an appeal to the chancery court in the judicial district in which the grade crossing in question is located; provided that the appeal must be made within thirty (30) days of the date of the adverse response;
(2) The detailed plans and specifications and estimates of cost for any such underpass or overpass ordered by the commissioner or the commissioner's designee may be prepared in the discretion of the commissioner or the commissioner's designee by the department of transportation's own engineers, or by engineers employed for the purpose, in which event such plans and specifications and estimates of cost shall be subject to the approval of the railroad company affected;
(3) If any such railroad company shall, in obedience to the direction of the commissioner or the commissioner's designee make surveys and prepare estimates and plans, then the commissioner or the commissioner's designee shall within a reasonable time, not exceeding six (6) months, reimburse such railroad or railway for one-half (½) of the expense and cost of such work; and if, after the making and preparation of any such surveys, plans, and estimates of cost by any railroad company under the orders of the commissioner or the commissioner's designee, or any part thereof, the order for the elimination of the grade crossing be revoked by the commissioner or the commissioner's designee, and the elimination of such crossing abandoned, the commissioner or the commissioner's designee shall, within a reasonable time, not exceeding six (6) months from the date of the revocation, reimburse the railroad or railway company for all the actual expense and cost of such work incurred by the company, upon a presentation of an itemized and sworn statement of the expense and cost, the amount thereof to be included as a part of the cost of the highway of which such crossing is a part;
(4) Before any railroad company shall be obligated or required to commence and prosecute the actual and physical work of separating any such grade crossing, the commissioner or the commissioner's designee shall have available sufficient funds with which to reimburse the railroad company for that part of the expenses of the separation which is to be paid out of the public funds under this chapter; and the commissioner or the commissioner's designee shall make to the railroad company, prosecuting such work, monthly payments in an amount which shall equal the proportion of the cost and expense which the public is required to pay under this chapter of all that part of the work, including both labor and materials, completed at the date of any monthly payment; and
(5) When any grade crossing covered by §§ 65-11-107 and 65-11-108 shall have been ordered to be eliminated, as provided, it shall be the duty of the railroad company upon which such order of the state department of transportation may have been served, in accordance with this chapter, at once to comply with such order, or avail itself of the right of an appeal, as set forth in subdivision (1), within sixty (60) days from the date of the service of the order, and in the event any such railroad company should fail to comply with such order directing the elimination of such grade crossing, or to appeal within sixty (60) days, the commissioner or the commissioner's designee shall have the authority to proceed immediately with the construction of such grade crossing separation, and upon the completion of same to assess one-half (½) of the cost of preparation of plans and estimates and one-half (½) of the cost of the work of construction against the railroad company affected thereby, and all such costs as are assessed in this manner against such railroad company shall be a lien upon the physical properties of such railroad company, which lien shall be prior to any lien then existing against such physical properties, and the amount of such cost may be recovered against such railroad company by a suit brought on behalf of the state by the attorney general and reporter, and the enforcement, in the name of the state, of the lien.
Acts 1921, ch. 132, § 2; 1923, ch. 35, § 1; Shan. Supp., § 1582a4; mod. Code 1932, § 2640; impl. am. Acts 1955, ch. 69, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1109; Acts 1995, ch. 305, § 27.
Tenn. Code Ann. § 65-9-107 — TN Code / Title 65 / Chapter 9 / Section 65-9-107
Powers of consolidated corporation
Status: in_force

The corporation shall have power to: (1) Fix the number of its directors and the time of their election; (2) Fix the number, names, and duties of its officers; (3) Pass bylaws for the government of the company, and the management of its affairs; (4) Create and divide its capital stock into two (2) or more classes, including common and preferred stock, any of which may be stock without par value and to issue the same, all as provided by title 48, chapter 16, pertaining to ordinary domestic corporations, which sections are declared to extend to corporations formed by the consolidation of two (2) or more railroad corporations; and any such corporation, heretofore so formed under the laws of this state, may avail itself of the powers and privileges hereby conferred by amendment or amendments to the charter of incorporation of such corporation, in the manner and by the means as now provided by law, or to the agreement of consolidation, setting forth the maximum number of shares of stock with nominal or par value and the maximum number of shares without nominal or par value that the corporation is authorized to have outstanding at any time, the classes, with the distinguishing characteristics of each, if any, into which the same are divided, and the nominal or par value of shares of stock other than shares which it is stated are to have no nominal or par value; (5) Issue bonds and dispose of same in such form, and denomination, and bearing such interest, as the board of directors may determine, and to secure the payment thereof by mortgage of every and all the property and franchises of the consolidated company, and of the companies from which it was formed; and (6) Do all other acts and things which the companies so consolidating, or either of them, might have done previous to such consolidation. Acts 1877, ch. 72, § 3; Shan., § 1528; Code 1932, § 2603; Acts 1937, ch. 170, § 1; C. Supp. 1950, § 2603; T.C.A. (orig. ed.), § 65-907.
The corporation shall have power to:
(1) Fix the number of its directors and the time of their election;
(2) Fix the number, names, and duties of its officers;
(3) Pass bylaws for the government of the company, and the management of its affairs;
(4) Create and divide its capital stock into two (2) or more classes, including common and preferred stock, any of which may be stock without par value and to issue the same, all as provided by title 48, chapter 16, pertaining to ordinary domestic corporations, which sections are declared to extend to corporations formed by the consolidation of two (2) or more railroad corporations; and any such corporation, heretofore so formed under the laws of this state, may avail itself of the powers and privileges hereby conferred by amendment or amendments to the charter of incorporation of such corporation, in the manner and by the means as now provided by law, or to the agreement of consolidation, setting forth the maximum number of shares of stock with nominal or par value and the maximum number of shares without nominal or par value that the corporation is authorized to have outstanding at any time, the classes, with the distinguishing characteristics of each, if any, into which the same are divided, and the nominal or par value of shares of stock other than shares which it is stated are to have no nominal or par value;
(5) Issue bonds and dispose of same in such form, and denomination, and bearing such interest, as the board of directors may determine, and to secure the payment thereof by mortgage of every and all the property and franchises of the consolidated company, and of the companies from which it was formed; and
(6) Do all other acts and things which the companies so consolidating, or either of them, might have done previous to such consolidation.
Acts 1877, ch. 72, § 3; Shan., § 1528; Code 1932, § 2603; Acts 1937, ch. 170, § 1; C. Supp. 1950, § 2603; T.C.A. (orig. ed.), § 65-907.
Tenn. Code Ann. § 65-6-110 — TN Code / Title 65 / Chapter 6 / Section 65-6-110
Monopolizing right-of-way prohibited - Condemnation as in other cases
Status: in_force

No railroad company, whose railroad may be built in this state, has the right to hold, to the exclusion of other railroads to be built, by purchase or condemnation for its right-of-way, a wider strip of land than shall be necessary for its reasonable use in the transaction of its business; and any land owned, or right-of-way held, or acquired, by any such railroad company, which a jury of inquiry in condemnation proceedings shall find necessary for such reasonable use and business of the company, may be condemned for the use of other railroads thereafter to be built, in like manner as other private property. Acts 1899, ch. 399, § 1; Shan., § 1880a1; mod. Code 1932, § 3146; T.C.A. (orig. ed.), § 65-610.
No railroad company, whose railroad may be built in this state, has the right to hold, to the exclusion of other railroads to be built, by purchase or condemnation for its right-of-way, a wider strip of land than shall be necessary for its reasonable use in the transaction of its business; and any land owned, or right-of-way held, or acquired, by any such railroad company, which a jury of inquiry in condemnation proceedings shall find necessary for such reasonable use and business of the company, may be condemned for the use of other railroads thereafter to be built, in like manner as other private property.
Acts 1899, ch. 399, § 1; Shan., § 1880a1; mod. Code 1932, § 3146; T.C.A. (orig. ed.), § 65-610.
Tenn. Code Ann. § 65-4-104 — TN Code / Title 65 / Chapter 4 / Section 65-4-104
Commission's jurisdiction and control of public utilities
Status: in_force

(a) The commission has general supervisory and regulatory power, jurisdiction, and control over all public utilities, and also over their property, property rights, facilities, and franchises, so far as may be necessary for the purpose of carrying out the provisions of this chapter. However, such general supervisory and regulatory power and jurisdiction and control shall not apply to street railway companies. (b) (1) Any investor-owned electric power company serving Tennessee customers on the western side of the Mississippi River shall provide those Tennessee customers with the same level of service and charge the same rates as the power company provides and charges similarly situated customers in Arkansas. (2) Upon a finding that an investor-owned electric power provider has engaged in unjust or unreasonable discrimination in service or rates in violation of subdivision (b)(1), the commission may order changes in the provider's services or rates to those Tennessee customers as necessary to enforce subdivision (b)(1). (3) The commission's jurisdiction over an investor-owned electric power company serving Tennessee customers on the western side of the Mississippi River is limited to hearing a complaint alleging a violation of subdivision (b)(1) and granting appropriate relief as provided in subdivision (b)(2). (4) Nothing in this subsection (b) removes the duty of any investor-owned electric power company to pay any required inspection and supervision fee to the commission as required by part 3 of this chapter. (5) Nothing in this subsection (b) removes the duty of any investor-owned electric power company to pay its otherwise appropriate Tennessee state or local taxes. (c) Notwithstanding § 65-4-101(6)(A)(vi) , the commission may upon petition designate a provider or reseller of domestic public cellular radio telephone service as an eligible telecommunications carrier pursuant to 47 C.F.R. § 54.201 for purposes of providing Lifeline service. Amended by 2022 Tenn. Acts, ch. 789, s 1, eff. 4/8/2022. Amended by 2017 Tenn. Acts, ch. 98, s 1, eff. 7/1/2017. Acts 1919, ch. 49, § 3; Shan. Supp., § 3059a85; Code 1932, § 5447; Acts 1943, ch. 51, § 1; C. Supp. 1950, § 5447; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-404; Acts 1995, ch. 305, § 20.
(a) The commission has general supervisory and regulatory power, jurisdiction, and control over all public utilities, and also over their property, property rights, facilities, and franchises, so far as may be necessary for the purpose of carrying out the provisions of this chapter. However, such general supervisory and regulatory power and jurisdiction and control shall not apply to street railway companies.
(b) (1) Any investor-owned electric power company serving Tennessee customers on the western side of the Mississippi River shall provide those Tennessee customers with the same level of service and charge the same rates as the power company provides and charges similarly situated customers in Arkansas. (2) Upon a finding that an investor-owned electric power provider has engaged in unjust or unreasonable discrimination in service or rates in violation of subdivision (b)(1), the commission may order changes in the provider's services or rates to those Tennessee customers as necessary to enforce subdivision (b)(1). (3) The commission's jurisdiction over an investor-owned electric power company serving Tennessee customers on the western side of the Mississippi River is limited to hearing a complaint alleging a violation of subdivision (b)(1) and granting appropriate relief as provided in subdivision (b)(2). (4) Nothing in this subsection (b) removes the duty of any investor-owned electric power company to pay any required inspection and supervision fee to the commission as required by part 3 of this chapter. (5) Nothing in this subsection (b) removes the duty of any investor-owned electric power company to pay its otherwise appropriate Tennessee state or local taxes.
(1) Any investor-owned electric power company serving Tennessee customers on the western side of the Mississippi River shall provide those Tennessee customers with the same level of service and charge the same rates as the power company provides and charges similarly situated customers in Arkansas.
(2) Upon a finding that an investor-owned electric power provider has engaged in unjust or unreasonable discrimination in service or rates in violation of subdivision (b)(1), the commission may order changes in the provider's services or rates to those Tennessee customers as necessary to enforce subdivision (b)(1).
(3) The commission's jurisdiction over an investor-owned electric power company serving Tennessee customers on the western side of the Mississippi River is limited to hearing a complaint alleging a violation of subdivision (b)(1) and granting appropriate relief as provided in subdivision (b)(2).
(4) Nothing in this subsection (b) removes the duty of any investor-owned electric power company to pay any required inspection and supervision fee to the commission as required by part 3 of this chapter.
(5) Nothing in this subsection (b) removes the duty of any investor-owned electric power company to pay its otherwise appropriate Tennessee state or local taxes.
(c) Notwithstanding § 65-4-101(6)(A)(vi) , the commission may upon petition designate a provider or reseller of domestic public cellular radio telephone service as an eligible telecommunications carrier pursuant to 47 C.F.R. § 54.201 for purposes of providing Lifeline service.
Amended by 2022 Tenn. Acts, ch. 789, s 1, eff. 4/8/2022.
Amended by 2017 Tenn. Acts, ch. 98, s 1, eff. 7/1/2017.
Acts 1919, ch. 49, § 3; Shan. Supp., § 3059a85; Code 1932, § 5447; Acts 1943, ch. 51, § 1; C. Supp. 1950, § 5447; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-404; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-31-102 — TN Code / Title 65 / Chapter 31 / Section 65-31-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Agricultural purposes," for purposes of this chapter only, includes surface activities, such as plowing, planting, and combining, but does not include blasting, setting drainage tiles, subsoiling, or other subsurface activities; (2) "Blasting" means the use of an explosive device for the excavation of earth, rock, or other material or the demolition of a structure; (3) "Board" means the underground utility damage enforcement board, created by § 65-31-114 ; (4) "Calendar day" means a twenty-four (24) hour period beginning with the date and time that a notification to excavate or demolish is to begin, including Monday through Sunday and all holidays; (5) "Contract locator" means any person contracted with an operator, or operating on behalf of an operator, specifically to determine and mark the approximate location of the operator's utility lines that exist within the area specified by a notice served on the one-call service; (6) "Damage" includes the substantial weakening of structural or lateral support of an underground utility, penetration or destruction of any protective coating, housing or other protective device of an underground utility, the partial or complete severance of an underground utility and rendering any underground utility inaccessible; (7) "Damage notice" means a notification made to the one-call service by a person who has caused damage to an underground facility; (8) "Demolish" or "demolition" means any operation by which a structure or mass of material is wrecked, razed, rendered, moved or removed by means of any tools, equipment, or discharge of explosives; (9) "Design locate request" means a communication to the one-call service in which a request for locating existing utility facilities for predesign or advance planning purposes is made; (10) "Electronic white lining" means the application of a visual indicator to a digital or virtual map marking the boundaries of the area of proposed excavation or the area of ongoing excavation; (11) "Emergency" means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property; the interruption of utility services requiring repair or restoration; or repairs to transportation facilities that require immediate action; (12) "Excavate" or "excavation": (A) Means an operation for the purpose of the movement, placement, or removal of earth, rock, or other materials in or on the ground by use of mechanized equipment, discharge of explosives, or by hand digging, and includes augering, backfilling, blasting, boring, digging, ditching, drilling, grading, pile-driving, plowing-in, pulling-in, ripping, scraping, sub-soiling, trenching, or tunneling; and (B) Does not include: (i) Pavement milling or pavement repair that does not exceed the depth of the existing base stone and pavement; (ii) Routine railroad maintenance activities, including removal and replacement of base material up to twenty-four inches (24") below the flow line of the ditch or ground surface of the railroad right-of-way adjacent to the existing track structure if the work is conducted by railroad employees or railroad contractors and is carried out with reasonable care so as to protect any installed underground facilities placed in the railroad right-of-way by agreement with the railroad; (iii) Routine road maintenance activities; and (iv) The tilling of soil for agricultural purposes or the digging of holes for fence posts on private property in any area that is not located within a recorded easement of an operator or that is not located within one hundred feet (100') of the edge of the pavement of a street or highway; (13) "Excavator" means any person who engages in activities described in subdivisions (A) and (B) in the definition of "excavate" contained in this section; (14) "Executive committee" means the executive committee created by § 65-31-114(f) ; (15) [Deleted by 2024 amendment.] (16) "Hand dig" or "hand digging": (A) Means any movement, placement, or removal of earth, rock, or other materials in or on the ground by use of non-mechanized tools or equipment, including, but not limited to, shovels, picks, post hole diggers, vacuum excavation, or soft digging; and (B) Does not include the following: (i) A property owner utilizing non-mechanized tools or equipment on their own property; or (ii) The use of non-mechanized tools or equipment by or on behalf of a member operator to a depth not greater than twelve (12) inches for locating, repairing, connecting, protecting, or routine maintenance of the member operator's underground facilities; (17) "Location" means the proposed area for which digging or excavating is scheduled within three (3) to ten (10) working days, such area not to exceed two thousand feet (2,000') in length unless an excavator and an operator or an operator's designated representative, such as a one-call service, agree to a larger area; (18) "Mechanized equipment" means equipment operated by means of mechanical power including trenchers, bulldozers, power shovels, augers, backhoes, scrapers, drills, cable and pipe plows and other equipment used for plowing-in or pulling-in cable or pipe; (19) "One-Call Service" means a telephone notification service described in § 65-31-107 that provides services to its members for the purposes of receiving and distributing notification regarding planned excavations or demolitions that are required under this chapter; (20) "Operator" means any person who owns or operates a utility; (21) "Person" means any individual; any corporation, partnership, association, or any other entity organized under the laws of any state; any state; any subdivision or instrumentality of a state; and any employee, agent, or legal representative thereof; (22) "Proposed area of excavation" means a general surface location which excavators are to furnish to operators of underground utilities or to a one-call service as defined in § 65-31-106 . The proposed area of excavation does not constitute a specified depth for the purpose of complying with this chapter; (23) "Routine road maintenance activities": (A) Means activities carried out by or for those responsible for publicly-maintained roadways if the activities: (i) Occur entirely within the right-of-way of a public road, street, or highway; (ii) Are carried out with reasonable care so as to protect any utility-owned facilities and laterals placed in the right-of-way; (iii) Are carried out within the limits of any original excavation on the traveled way, shoulders, or drainage ditches of a public road, street, or highway, and do not exceed eighteen inches (18") in depth below the flow line of the ditch or the grade existing prior to the activities; and (iv) If involving the replacement of existing structures at a depth greater than eighteen inches (18"), replace those existing structures in their previous locations and at their previous depths; and (B) Does not include work on a roadway done pursuant to a contract awarded by a state or local government through a bid process for which plan drawings have been developed in advance; (24) "Utility": (A) Means any line, system, or facility used for producing, storing, conveying, transmitting, or distributing communications, electricity, gas, petroleum, petroleum products, hazardous liquids, water, steam, sewerage, and other underground facilities; and (B) Does not include any railroad, the Tennessee department of transportation, or any natural flowing runoff systems; (25) "Willful noncompliance" means the intentional refusal or failure to perform, or comply with, a duty created or imposed by this chapter or by rules promulgated pursuant to this chapter; and (26) "Working day" means every day, except Saturday, Sunday, and national and legal state holidays. For purposes of measuring any period of time that requires notice under this chapter, a working day shall commence at the time the written notice or telephone call is received and shall expire at the same time on the next working day. Amended by 2024 Tenn. Acts, ch. 628,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 628,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 274, s 2, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 274, s 1, eff. 4/28/2023. Amended by 2021 Tenn. Acts, ch. 307, s 1, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 716, Secs.s 5, s 10eff. 4/12/2018. Amended by 2015 Tenn. Acts, ch. 488, s 1, eff. 5/20/2015. Acts 1978, ch. 692, § 2; T.C.A., § 65-3202; Acts 1993, ch. 223, §§1-3; 1999, ch. 73, §1; 2006, ch. 686, §9; 2007 , ch. 218, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Agricultural purposes," for purposes of this chapter only, includes surface activities, such as plowing, planting, and combining, but does not include blasting, setting drainage tiles, subsoiling, or other subsurface activities;
(2) "Blasting" means the use of an explosive device for the excavation of earth, rock, or other material or the demolition of a structure;
(3) "Board" means the underground utility damage enforcement board, created by § 65-31-114 ;
(4) "Calendar day" means a twenty-four (24) hour period beginning with the date and time that a notification to excavate or demolish is to begin, including Monday through Sunday and all holidays;
(5) "Contract locator" means any person contracted with an operator, or operating on behalf of an operator, specifically to determine and mark the approximate location of the operator's utility lines that exist within the area specified by a notice served on the one-call service;
(6) "Damage" includes the substantial weakening of structural or lateral support of an underground utility, penetration or destruction of any protective coating, housing or other protective device of an underground utility, the partial or complete severance of an underground utility and rendering any underground utility inaccessible;
(7) "Damage notice" means a notification made to the one-call service by a person who has caused damage to an underground facility;
(8) "Demolish" or "demolition" means any operation by which a structure or mass of material is wrecked, razed, rendered, moved or removed by means of any tools, equipment, or discharge of explosives;
(9) "Design locate request" means a communication to the one-call service in which a request for locating existing utility facilities for predesign or advance planning purposes is made;
(10) "Electronic white lining" means the application of a visual indicator to a digital or virtual map marking the boundaries of the area of proposed excavation or the area of ongoing excavation;
(11) "Emergency" means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property; the interruption of utility services requiring repair or restoration; or repairs to transportation facilities that require immediate action;
(12) "Excavate" or "excavation": (A) Means an operation for the purpose of the movement, placement, or removal of earth, rock, or other materials in or on the ground by use of mechanized equipment, discharge of explosives, or by hand digging, and includes augering, backfilling, blasting, boring, digging, ditching, drilling, grading, pile-driving, plowing-in, pulling-in, ripping, scraping, sub-soiling, trenching, or tunneling; and (B) Does not include: (i) Pavement milling or pavement repair that does not exceed the depth of the existing base stone and pavement; (ii) Routine railroad maintenance activities, including removal and replacement of base material up to twenty-four inches (24") below the flow line of the ditch or ground surface of the railroad right-of-way adjacent to the existing track structure if the work is conducted by railroad employees or railroad contractors and is carried out with reasonable care so as to protect any installed underground facilities placed in the railroad right-of-way by agreement with the railroad; (iii) Routine road maintenance activities; and (iv) The tilling of soil for agricultural purposes or the digging of holes for fence posts on private property in any area that is not located within a recorded easement of an operator or that is not located within one hundred feet (100') of the edge of the pavement of a street or highway;
(A) Means an operation for the purpose of the movement, placement, or removal of earth, rock, or other materials in or on the ground by use of mechanized equipment, discharge of explosives, or by hand digging, and includes augering, backfilling, blasting, boring, digging, ditching, drilling, grading, pile-driving, plowing-in, pulling-in, ripping, scraping, sub-soiling, trenching, or tunneling; and
(B) Does not include: (i) Pavement milling or pavement repair that does not exceed the depth of the existing base stone and pavement; (ii) Routine railroad maintenance activities, including removal and replacement of base material up to twenty-four inches (24") below the flow line of the ditch or ground surface of the railroad right-of-way adjacent to the existing track structure if the work is conducted by railroad employees or railroad contractors and is carried out with reasonable care so as to protect any installed underground facilities placed in the railroad right-of-way by agreement with the railroad; (iii) Routine road maintenance activities; and (iv) The tilling of soil for agricultural purposes or the digging of holes for fence posts on private property in any area that is not located within a recorded easement of an operator or that is not located within one hundred feet (100') of the edge of the pavement of a street or highway;
(i) Pavement milling or pavement repair that does not exceed the depth of the existing base stone and pavement;
(ii) Routine railroad maintenance activities, including removal and replacement of base material up to twenty-four inches (24") below the flow line of the ditch or ground surface of the railroad right-of-way adjacent to the existing track structure if the work is conducted by railroad employees or railroad contractors and is carried out with reasonable care so as to protect any installed underground facilities placed in the railroad right-of-way by agreement with the railroad;
(iii) Routine road maintenance activities; and
(iv) The tilling of soil for agricultural purposes or the digging of holes for fence posts on private property in any area that is not located within a recorded easement of an operator or that is not located within one hundred feet (100') of the edge of the pavement of a street or highway;
(13) "Excavator" means any person who engages in activities described in subdivisions (A) and (B) in the definition of "excavate" contained in this section;
(14) "Executive committee" means the executive committee created by § 65-31-114(f) ;
(15) [Deleted by 2024 amendment.]
(16) "Hand dig" or "hand digging": (A) Means any movement, placement, or removal of earth, rock, or other materials in or on the ground by use of non-mechanized tools or equipment, including, but not limited to, shovels, picks, post hole diggers, vacuum excavation, or soft digging; and (B) Does not include the following: (i) A property owner utilizing non-mechanized tools or equipment on their own property; or (ii) The use of non-mechanized tools or equipment by or on behalf of a member operator to a depth not greater than twelve (12) inches for locating, repairing, connecting, protecting, or routine maintenance of the member operator's underground facilities;
(A) Means any movement, placement, or removal of earth, rock, or other materials in or on the ground by use of non-mechanized tools or equipment, including, but not limited to, shovels, picks, post hole diggers, vacuum excavation, or soft digging; and
(B) Does not include the following: (i) A property owner utilizing non-mechanized tools or equipment on their own property; or (ii) The use of non-mechanized tools or equipment by or on behalf of a member operator to a depth not greater than twelve (12) inches for locating, repairing, connecting, protecting, or routine maintenance of the member operator's underground facilities;
(i) A property owner utilizing non-mechanized tools or equipment on their own property; or
(ii) The use of non-mechanized tools or equipment by or on behalf of a member operator to a depth not greater than twelve (12) inches for locating, repairing, connecting, protecting, or routine maintenance of the member operator's underground facilities;
(17) "Location" means the proposed area for which digging or excavating is scheduled within three (3) to ten (10) working days, such area not to exceed two thousand feet (2,000') in length unless an excavator and an operator or an operator's designated representative, such as a one-call service, agree to a larger area;
(18) "Mechanized equipment" means equipment operated by means of mechanical power including trenchers, bulldozers, power shovels, augers, backhoes, scrapers, drills, cable and pipe plows and other equipment used for plowing-in or pulling-in cable or pipe;
(19) "One-Call Service" means a telephone notification service described in § 65-31-107 that provides services to its members for the purposes of receiving and distributing notification regarding planned excavations or demolitions that are required under this chapter;
(20) "Operator" means any person who owns or operates a utility;
(21) "Person" means any individual; any corporation, partnership, association, or any other entity organized under the laws of any state; any state; any subdivision or instrumentality of a state; and any employee, agent, or legal representative thereof;
(22) "Proposed area of excavation" means a general surface location which excavators are to furnish to operators of underground utilities or to a one-call service as defined in § 65-31-106 . The proposed area of excavation does not constitute a specified depth for the purpose of complying with this chapter;
(23) "Routine road maintenance activities": (A) Means activities carried out by or for those responsible for publicly-maintained roadways if the activities: (i) Occur entirely within the right-of-way of a public road, street, or highway; (ii) Are carried out with reasonable care so as to protect any utility-owned facilities and laterals placed in the right-of-way; (iii) Are carried out within the limits of any original excavation on the traveled way, shoulders, or drainage ditches of a public road, street, or highway, and do not exceed eighteen inches (18") in depth below the flow line of the ditch or the grade existing prior to the activities; and (iv) If involving the replacement of existing structures at a depth greater than eighteen inches (18"), replace those existing structures in their previous locations and at their previous depths; and (B) Does not include work on a roadway done pursuant to a contract awarded by a state or local government through a bid process for which plan drawings have been developed in advance;
(A) Means activities carried out by or for those responsible for publicly-maintained roadways if the activities: (i) Occur entirely within the right-of-way of a public road, street, or highway; (ii) Are carried out with reasonable care so as to protect any utility-owned facilities and laterals placed in the right-of-way; (iii) Are carried out within the limits of any original excavation on the traveled way, shoulders, or drainage ditches of a public road, street, or highway, and do not exceed eighteen inches (18") in depth below the flow line of the ditch or the grade existing prior to the activities; and (iv) If involving the replacement of existing structures at a depth greater than eighteen inches (18"), replace those existing structures in their previous locations and at their previous depths; and
(i) Occur entirely within the right-of-way of a public road, street, or highway;
(ii) Are carried out with reasonable care so as to protect any utility-owned facilities and laterals placed in the right-of-way;
(iii) Are carried out within the limits of any original excavation on the traveled way, shoulders, or drainage ditches of a public road, street, or highway, and do not exceed eighteen inches (18") in depth below the flow line of the ditch or the grade existing prior to the activities; and
(iv) If involving the replacement of existing structures at a depth greater than eighteen inches (18"), replace those existing structures in their previous locations and at their previous depths; and
(B) Does not include work on a roadway done pursuant to a contract awarded by a state or local government through a bid process for which plan drawings have been developed in advance;
(24) "Utility": (A) Means any line, system, or facility used for producing, storing, conveying, transmitting, or distributing communications, electricity, gas, petroleum, petroleum products, hazardous liquids, water, steam, sewerage, and other underground facilities; and (B) Does not include any railroad, the Tennessee department of transportation, or any natural flowing runoff systems;
(A) Means any line, system, or facility used for producing, storing, conveying, transmitting, or distributing communications, electricity, gas, petroleum, petroleum products, hazardous liquids, water, steam, sewerage, and other underground facilities; and
(B) Does not include any railroad, the Tennessee department of transportation, or any natural flowing runoff systems;
(25) "Willful noncompliance" means the intentional refusal or failure to perform, or comply with, a duty created or imposed by this chapter or by rules promulgated pursuant to this chapter; and
(26) "Working day" means every day, except Saturday, Sunday, and national and legal state holidays. For purposes of measuring any period of time that requires notice under this chapter, a working day shall commence at the time the written notice or telephone call is received and shall expire at the same time on the next working day.
Amended by 2024 Tenn. Acts, ch. 628,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 628,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 274, s 2, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 274, s 1, eff. 4/28/2023.
Amended by 2021 Tenn. Acts, ch. 307, s 1, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 716, Secs.s 5, s 10eff. 4/12/2018.
Amended by 2015 Tenn. Acts, ch. 488, s 1, eff. 5/20/2015.
Acts 1978, ch. 692, § 2; T.C.A., § 65-3202; Acts 1993, ch. 223, §§1-3; 1999, ch. 73, §1; 2006, ch. 686, §9; 2007 , ch. 218, § 1.
Tenn. Code Ann. § 65-25-117 — TN Code / Title 65 / Chapter 25 / Section 65-25-117
Consolidation
Status: in_force

Any two (2) or more cooperatives, each of which is hereinafter designated a "consolidating cooperative," may consolidate into a new cooperative, hereinafter designated the "new cooperative," by complying with the following requirements: (1) The proposition for the consolidation and proposed articles of consolidation to give effect thereto shall be first approved by the board of each consolidating cooperative or by the board or boards of one (1) or more other cooperatives when proposed by at least three hundred (300) members of a cooperative in the manner provided by § 65-25-113(a)(2)(D) . The proposed articles of consolidation shall recite in the caption that they are executed pursuant to this chapter, and shall state: (A) The name of each consolidating cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state; (B) The name of the new cooperative and the address of its principal office; (C) The names and addresses of the persons who shall constitute the first board of the new cooperative; (D) The terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner and basis of converting memberships in each consolidating cooperative into memberships in the new cooperative; and (E) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the new cooperative; (2) The proposition for the consolidation and the proposed articles of consolidation shall then be submitted to a vote of the members of each consolidating cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed consolidation. The proposed consolidation and proposed articles of consolidation shall be approved upon receiving the affirmative votes of as many as, but not fewer than, two-thirds (2/3) of those members of each consolidating cooperative voting thereon at each such meeting; and (3) Upon such approvals, articles of consolidation in the form approved shall be executed and acknowledged on behalf of each consolidating cooperative by its president or vice president and attested by its secretary, who shall affix the cooperative seal thereto if it has and employs such a seal. The presidents or vice presidents shall also make and annex thereto affidavits stating that this section was duly complied with by their respective cooperatives. Such articles of consolidation and affidavits shall be submitted to the secretary of state for filing as provided in this chapter. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-217 .
Any two (2) or more cooperatives, each of which is hereinafter designated a "consolidating cooperative," may consolidate into a new cooperative, hereinafter designated the "new cooperative," by complying with the following requirements:
(1) The proposition for the consolidation and proposed articles of consolidation to give effect thereto shall be first approved by the board of each consolidating cooperative or by the board or boards of one (1) or more other cooperatives when proposed by at least three hundred (300) members of a cooperative in the manner provided by § 65-25-113(a)(2)(D) . The proposed articles of consolidation shall recite in the caption that they are executed pursuant to this chapter, and shall state: (A) The name of each consolidating cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state; (B) The name of the new cooperative and the address of its principal office; (C) The names and addresses of the persons who shall constitute the first board of the new cooperative; (D) The terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner and basis of converting memberships in each consolidating cooperative into memberships in the new cooperative; and (E) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the new cooperative;
(A) The name of each consolidating cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state;
(B) The name of the new cooperative and the address of its principal office;
(C) The names and addresses of the persons who shall constitute the first board of the new cooperative;
(D) The terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner and basis of converting memberships in each consolidating cooperative into memberships in the new cooperative; and
(E) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the new cooperative;
(2) The proposition for the consolidation and the proposed articles of consolidation shall then be submitted to a vote of the members of each consolidating cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed consolidation. The proposed consolidation and proposed articles of consolidation shall be approved upon receiving the affirmative votes of as many as, but not fewer than, two-thirds (2/3) of those members of each consolidating cooperative voting thereon at each such meeting; and
(3) Upon such approvals, articles of consolidation in the form approved shall be executed and acknowledged on behalf of each consolidating cooperative by its president or vice president and attested by its secretary, who shall affix the cooperative seal thereto if it has and employs such a seal. The presidents or vice presidents shall also make and annex thereto affidavits stating that this section was duly complied with by their respective cooperatives. Such articles of consolidation and affidavits shall be submitted to the secretary of state for filing as provided in this chapter.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-217 .
Tenn. Code Ann. § 65-6-130 — TN Code / Title 65 / Chapter 6 / Section 65-6-130
Acquisition of branches and extensions
Status: in_force

All railroad companies existing under the laws of this state, or of this state and any other state or states, whose charter of incorporation is granted by this state, are empowered to acquire the line or lines of any other railroad company, either in this state or any other state or states, which may connect with and form parts or branches or extensions of the line of such company chartered by this state, or by this state and any other state or states; and are empowered to so acquire such branches or extensions by purchase, lease, or otherwise, and pay for the same by the issue of their own capital and bonds, or by guaranteeing those issued by the company whose line may be so acquired, purchased, or leased; but nothing in this section shall be construed to authorize the acquisition in any way by any corporation or company of parallel or competing lines. Acts 1891, ch. 125, § 1; Shan., § 1521; Code 1932, § 2596; T.C.A. (orig. ed.), § 65-641.
All railroad companies existing under the laws of this state, or of this state and any other state or states, whose charter of incorporation is granted by this state, are empowered to acquire the line or lines of any other railroad company, either in this state or any other state or states, which may connect with and form parts or branches or extensions of the line of such company chartered by this state, or by this state and any other state or states; and are empowered to so acquire such branches or extensions by purchase, lease, or otherwise, and pay for the same by the issue of their own capital and bonds, or by guaranteeing those issued by the company whose line may be so acquired, purchased, or leased; but nothing in this section shall be construed to authorize the acquisition in any way by any corporation or company of parallel or competing lines.
Acts 1891, ch. 125, § 1; Shan., § 1521; Code 1932, § 2596; T.C.A. (orig. ed.), § 65-641.
Tenn. Code Ann. § 65-35-107 — TN Code / Title 65 / Chapter 35 / Section 65-35-107
Regulatory jurisdiction not extended
Status: in_force

Nothing in this chapter confers upon the Tennessee public utility commission the jurisdiction to regulate any utility not expressly subject to regulation by other provision of state law. Amended by 2017 Tenn. Acts, ch. 94,s 70, eff. 4/4/2017. Acts 1990, ch. 851, § 7; 1995, ch. 305, § 43.
Nothing in this chapter confers upon the Tennessee public utility commission the jurisdiction to regulate any utility not expressly subject to regulation by other provision of state law.
Amended by 2017 Tenn. Acts, ch. 94,s 70, eff. 4/4/2017.
Acts 1990, ch. 851, § 7; 1995, ch. 305, § 43.
Tenn. Code Ann. § 65-25-134 — TN Code / Title 65 / Chapter 25 / Section 65-25-134
Telecommunications services
Status: in_force

(a) (1) Notwithstanding § 7-59-316 , every cooperative has the power and is authorized, acting through its board of directors, to acquire, construct, own, improve, operate, lease, maintain, sell, mortgage, pledge, or otherwise dispose of any system, plant or equipment for the provision of telephone, telegraph, voice over internet protocol, telecommunications services, or any other like system, plant, or equipment within or without the service area of the cooperative in compliance with chapters 4 and 5 of this title and all other applicable state and federal laws, rules, and regulations. Notwithstanding § 65-4-101(6)(A)(vi) or any other provision of this code or of any private act to the contrary, to the extent that any cooperative provides any of the services authorized by this subdivision (a)(1), the cooperative shall be subject to regulation by the Tennessee public utility commission in the same manner and to the same extent as other certificated providers of the services authorized by this subsection (a), including, without limitation, rules or orders governing anti-competitive practices, and shall be considered as and have the duties of a public utility, as defined in § 65-4-101 , but only to the extent necessary to effect such regulation and only with respect to the cooperative's provision of the services authorized by this subdivision (a)(1). (2) Every cooperative has the power and is authorized, acting through its board of directors, to acquire, construct, own, improve, operate, lease, maintain, sell, mortgage, pledge, or otherwise dispose of any system, plant or equipment for the provision of broadband internet access, internet protocol-based video, video programming, or related or similar services, or any other like system, plant, or equipment within the service area of the cooperative in compliance with chapters 4 and 5 of this title and all other applicable state and federal laws, rules, and regulations, including, but not limited to, the requirement to obtain a franchise as set forth in § 7-59-304 . Notwithstanding § 65-4-101(6)(A)(vi) or any other provision of this code or of any private act to the contrary, to the extent that any cooperative provides any of the services authorized by this subdivision (a)(2), the cooperative shall furnish the services on an area coverage basis, as defined in § 65-25-102 , and shall be subject to regulation by the Tennessee public utility commission in the same manner and to the same extent as other providers of broadband internet access, internet protocol-based video, video programming, or related or similar services, including, without limitation, rules or orders governing anti-competitive practices, and shall be considered as and have the duties of a public utility, as defined in § 65-4-101 , but only to the extent necessary to effect such regulation and only with respect to the cooperative's provision of the services authorized by this subdivision (a)(2). In the event that a cooperative acquires, merges with, or consolidates with another entity that provides any one (1) of the services authorized by this subdivision (a)(2) in a geographic location concurrent with or adjacent to the electric service area of the cooperative, then, subsequent to such transaction, nothing in this section prohibits the electric cooperative from providing the services authorized by this subdivision (a)(2) in the geographic service territory in which the acquired or merged entity was authorized to provide such services prior to the merger, acquisition, or consolidation. (3) A cooperative that elects to provide services authorized by subdivision (a)(2) shall provide other providers of such services non-discriminatory access to locate their equipment for the provision of such services on infrastructure or poles owned or controlled by the cooperative, subject to the terms of any pole attachment agreements between the cooperative and the other provider, the American National Standard Electric Safety Code described in § 68-101-104 , and the structural integrity of the infrastructure or pole. (b) (1) A cooperative providing any of the services authorized by subsection (a) shall not provide subsidies for such services and shall administer, operate, and maintain the electric system separately in all respects, including establishing and maintaining a separate fund for the revenues from electric operations, and shall not directly or indirectly mingle electric system funds or accounts, or otherwise consolidate or combine the financing of the electric system, with those of any other of its operations. (2) A cooperative providing any of the services authorized by subdivision (a)(2) shall administer and operate such services as a separate subsidiary. (3) Notwithstanding the limitations set out in this subsection (b), a cooperative providing the services authorized by subsection (a) is authorized to: (A) Dedicate a reasonable portion of the electric plant to the provision of such services, the costs of which shall be allocated to such services in the separate accounting required under this subsection (b); and (B) Lend funds, at a rate of interest not less than the highest rate then earned by the cooperative on invested electric plant funds, to acquire, construct, and provide working capital for the system, plant, and equipment necessary to provide any of the services authorized under subsection (a); provided, that such interest costs shall be allocated to the cost of such services in the separate accounting required under this subsection (b). (c) (1) To the extent that it provides any of the services authorized by subsection (a), a cooperative has all the powers, obligations and authority granted entities providing telecommunications services under applicable laws of the United States or this state. To the extent that such authority and powers do not conflict with title 65, chapter 4 or 5, and any rules, regulations, or orders issued thereunder, a cooperative providing any of the services authorized by subsection (a) has all the authority and powers with respect to such services as are enumerated in this chapter. (2) Notwithstanding the authorization granted in subsection (a), a cooperative shall not provide any of the services authorized by subsection (a) unrelated to its electric services within the service area of an entity in existence and operating as a telephone cooperative on April 24, 2017, with fewer than one hundred thousand (100,000) total lines organized and operating under chapter 29 of this title, and therefore shall adhere to those regulations of the 1995 Tennessee Telecommunications Act and rules of the Tennessee public utility commission, which are applicable to the telephone cooperatives, and specifically §§ 65-4-101 and 65-29-130 . (d) For regulatory purposes, a cooperative shall allocate to the costs of providing any of the services authorized by subsection (a): (1) An amount for attachments to poles owned by the cooperative equal to the highest rate charged by the cooperative to any other person or entity for comparable pole attachments; and (2) Any applicable rights-of-way fees, rentals, charges, or payments required by state or local law of a non-governmental corporation that provides the identical services. (e) (1) Nothing in this chapter shall be construed to allow a cooperative to provide any service for which a license, certification, or registration is required under title 62, chapter 32, part 3. (2) Nothing in this chapter shall allow a cooperative to provide any service for which a license, certification, or registration is required under title 62, chapter 32, part 3, or to provide pager service. (f) This chapter supersedes any conflicting law. (g) It is unlawful for a cooperative to use unfair or anticompetitive practices prohibited by applicable state or federal law. Such practices shall include, but are not limited to, predatory pricing, collusion, and tying. (h) Any person who has been damaged as a result of a violation of this section may bring a civil action in chancery court for injunctive or declaratory relief against the violation. Amended by 2019 Tenn. Acts, ch. 174,s 2, eff. 4/23/2019. Amended by 2017 Tenn. Acts, ch. 228,Secs.s11, s12, s13, s14 eff. 4/24/2017. Amended by 2017 Tenn. Acts, ch. 94,s 59, eff. 4/4/2017. Acts 2000, ch. 665, § 1; T.C.A. § 65-25-234 .
(a) (1) Notwithstanding § 7-59-316 , every cooperative has the power and is authorized, acting through its board of directors, to acquire, construct, own, improve, operate, lease, maintain, sell, mortgage, pledge, or otherwise dispose of any system, plant or equipment for the provision of telephone, telegraph, voice over internet protocol, telecommunications services, or any other like system, plant, or equipment within or without the service area of the cooperative in compliance with chapters 4 and 5 of this title and all other applicable state and federal laws, rules, and regulations. Notwithstanding § 65-4-101(6)(A)(vi) or any other provision of this code or of any private act to the contrary, to the extent that any cooperative provides any of the services authorized by this subdivision (a)(1), the cooperative shall be subject to regulation by the Tennessee public utility commission in the same manner and to the same extent as other certificated providers of the services authorized by this subsection (a), including, without limitation, rules or orders governing anti-competitive practices, and shall be considered as and have the duties of a public utility, as defined in § 65-4-101 , but only to the extent necessary to effect such regulation and only with respect to the cooperative's provision of the services authorized by this subdivision (a)(1). (2) Every cooperative has the power and is authorized, acting through its board of directors, to acquire, construct, own, improve, operate, lease, maintain, sell, mortgage, pledge, or otherwise dispose of any system, plant or equipment for the provision of broadband internet access, internet protocol-based video, video programming, or related or similar services, or any other like system, plant, or equipment within the service area of the cooperative in compliance with chapters 4 and 5 of this title and all other applicable state and federal laws, rules, and regulations, including, but not limited to, the requirement to obtain a franchise as set forth in § 7-59-304 . Notwithstanding § 65-4-101(6)(A)(vi) or any other provision of this code or of any private act to the contrary, to the extent that any cooperative provides any of the services authorized by this subdivision (a)(2), the cooperative shall furnish the services on an area coverage basis, as defined in § 65-25-102 , and shall be subject to regulation by the Tennessee public utility commission in the same manner and to the same extent as other providers of broadband internet access, internet protocol-based video, video programming, or related or similar services, including, without limitation, rules or orders governing anti-competitive practices, and shall be considered as and have the duties of a public utility, as defined in § 65-4-101 , but only to the extent necessary to effect such regulation and only with respect to the cooperative's provision of the services authorized by this subdivision (a)(2). In the event that a cooperative acquires, merges with, or consolidates with another entity that provides any one (1) of the services authorized by this subdivision (a)(2) in a geographic location concurrent with or adjacent to the electric service area of the cooperative, then, subsequent to such transaction, nothing in this section prohibits the electric cooperative from providing the services authorized by this subdivision (a)(2) in the geographic service territory in which the acquired or merged entity was authorized to provide such services prior to the merger, acquisition, or consolidation. (3) A cooperative that elects to provide services authorized by subdivision (a)(2) shall provide other providers of such services non-discriminatory access to locate their equipment for the provision of such services on infrastructure or poles owned or controlled by the cooperative, subject to the terms of any pole attachment agreements between the cooperative and the other provider, the American National Standard Electric Safety Code described in § 68-101-104 , and the structural integrity of the infrastructure or pole.
(1) Notwithstanding § 7-59-316 , every cooperative has the power and is authorized, acting through its board of directors, to acquire, construct, own, improve, operate, lease, maintain, sell, mortgage, pledge, or otherwise dispose of any system, plant or equipment for the provision of telephone, telegraph, voice over internet protocol, telecommunications services, or any other like system, plant, or equipment within or without the service area of the cooperative in compliance with chapters 4 and 5 of this title and all other applicable state and federal laws, rules, and regulations. Notwithstanding § 65-4-101(6)(A)(vi) or any other provision of this code or of any private act to the contrary, to the extent that any cooperative provides any of the services authorized by this subdivision (a)(1), the cooperative shall be subject to regulation by the Tennessee public utility commission in the same manner and to the same extent as other certificated providers of the services authorized by this subsection (a), including, without limitation, rules or orders governing anti-competitive practices, and shall be considered as and have the duties of a public utility, as defined in § 65-4-101 , but only to the extent necessary to effect such regulation and only with respect to the cooperative's provision of the services authorized by this subdivision (a)(1).
(2) Every cooperative has the power and is authorized, acting through its board of directors, to acquire, construct, own, improve, operate, lease, maintain, sell, mortgage, pledge, or otherwise dispose of any system, plant or equipment for the provision of broadband internet access, internet protocol-based video, video programming, or related or similar services, or any other like system, plant, or equipment within the service area of the cooperative in compliance with chapters 4 and 5 of this title and all other applicable state and federal laws, rules, and regulations, including, but not limited to, the requirement to obtain a franchise as set forth in § 7-59-304 . Notwithstanding § 65-4-101(6)(A)(vi) or any other provision of this code or of any private act to the contrary, to the extent that any cooperative provides any of the services authorized by this subdivision (a)(2), the cooperative shall furnish the services on an area coverage basis, as defined in § 65-25-102 , and shall be subject to regulation by the Tennessee public utility commission in the same manner and to the same extent as other providers of broadband internet access, internet protocol-based video, video programming, or related or similar services, including, without limitation, rules or orders governing anti-competitive practices, and shall be considered as and have the duties of a public utility, as defined in § 65-4-101 , but only to the extent necessary to effect such regulation and only with respect to the cooperative's provision of the services authorized by this subdivision (a)(2). In the event that a cooperative acquires, merges with, or consolidates with another entity that provides any one (1) of the services authorized by this subdivision (a)(2) in a geographic location concurrent with or adjacent to the electric service area of the cooperative, then, subsequent to such transaction, nothing in this section prohibits the electric cooperative from providing the services authorized by this subdivision (a)(2) in the geographic service territory in which the acquired or merged entity was authorized to provide such services prior to the merger, acquisition, or consolidation.
(3) A cooperative that elects to provide services authorized by subdivision (a)(2) shall provide other providers of such services non-discriminatory access to locate their equipment for the provision of such services on infrastructure or poles owned or controlled by the cooperative, subject to the terms of any pole attachment agreements between the cooperative and the other provider, the American National Standard Electric Safety Code described in § 68-101-104 , and the structural integrity of the infrastructure or pole.
(b) (1) A cooperative providing any of the services authorized by subsection (a) shall not provide subsidies for such services and shall administer, operate, and maintain the electric system separately in all respects, including establishing and maintaining a separate fund for the revenues from electric operations, and shall not directly or indirectly mingle electric system funds or accounts, or otherwise consolidate or combine the financing of the electric system, with those of any other of its operations. (2) A cooperative providing any of the services authorized by subdivision (a)(2) shall administer and operate such services as a separate subsidiary. (3) Notwithstanding the limitations set out in this subsection (b), a cooperative providing the services authorized by subsection (a) is authorized to: (A) Dedicate a reasonable portion of the electric plant to the provision of such services, the costs of which shall be allocated to such services in the separate accounting required under this subsection (b); and (B) Lend funds, at a rate of interest not less than the highest rate then earned by the cooperative on invested electric plant funds, to acquire, construct, and provide working capital for the system, plant, and equipment necessary to provide any of the services authorized under subsection (a); provided, that such interest costs shall be allocated to the cost of such services in the separate accounting required under this subsection (b).
(1) A cooperative providing any of the services authorized by subsection (a) shall not provide subsidies for such services and shall administer, operate, and maintain the electric system separately in all respects, including establishing and maintaining a separate fund for the revenues from electric operations, and shall not directly or indirectly mingle electric system funds or accounts, or otherwise consolidate or combine the financing of the electric system, with those of any other of its operations.
(2) A cooperative providing any of the services authorized by subdivision (a)(2) shall administer and operate such services as a separate subsidiary.
(3) Notwithstanding the limitations set out in this subsection (b), a cooperative providing the services authorized by subsection (a) is authorized to: (A) Dedicate a reasonable portion of the electric plant to the provision of such services, the costs of which shall be allocated to such services in the separate accounting required under this subsection (b); and (B) Lend funds, at a rate of interest not less than the highest rate then earned by the cooperative on invested electric plant funds, to acquire, construct, and provide working capital for the system, plant, and equipment necessary to provide any of the services authorized under subsection (a); provided, that such interest costs shall be allocated to the cost of such services in the separate accounting required under this subsection (b).
(A) Dedicate a reasonable portion of the electric plant to the provision of such services, the costs of which shall be allocated to such services in the separate accounting required under this subsection (b); and
(B) Lend funds, at a rate of interest not less than the highest rate then earned by the cooperative on invested electric plant funds, to acquire, construct, and provide working capital for the system, plant, and equipment necessary to provide any of the services authorized under subsection (a); provided, that such interest costs shall be allocated to the cost of such services in the separate accounting required under this subsection (b).
(c) (1) To the extent that it provides any of the services authorized by subsection (a), a cooperative has all the powers, obligations and authority granted entities providing telecommunications services under applicable laws of the United States or this state. To the extent that such authority and powers do not conflict with title 65, chapter 4 or 5, and any rules, regulations, or orders issued thereunder, a cooperative providing any of the services authorized by subsection (a) has all the authority and powers with respect to such services as are enumerated in this chapter. (2) Notwithstanding the authorization granted in subsection (a), a cooperative shall not provide any of the services authorized by subsection (a) unrelated to its electric services within the service area of an entity in existence and operating as a telephone cooperative on April 24, 2017, with fewer than one hundred thousand (100,000) total lines organized and operating under chapter 29 of this title, and therefore shall adhere to those regulations of the 1995 Tennessee Telecommunications Act and rules of the Tennessee public utility commission, which are applicable to the telephone cooperatives, and specifically §§ 65-4-101 and 65-29-130 .
(1) To the extent that it provides any of the services authorized by subsection (a), a cooperative has all the powers, obligations and authority granted entities providing telecommunications services under applicable laws of the United States or this state. To the extent that such authority and powers do not conflict with title 65, chapter 4 or 5, and any rules, regulations, or orders issued thereunder, a cooperative providing any of the services authorized by subsection (a) has all the authority and powers with respect to such services as are enumerated in this chapter.
(2) Notwithstanding the authorization granted in subsection (a), a cooperative shall not provide any of the services authorized by subsection (a) unrelated to its electric services within the service area of an entity in existence and operating as a telephone cooperative on April 24, 2017, with fewer than one hundred thousand (100,000) total lines organized and operating under chapter 29 of this title, and therefore shall adhere to those regulations of the 1995 Tennessee Telecommunications Act and rules of the Tennessee public utility commission, which are applicable to the telephone cooperatives, and specifically §§ 65-4-101 and 65-29-130 .
(d) For regulatory purposes, a cooperative shall allocate to the costs of providing any of the services authorized by subsection (a): (1) An amount for attachments to poles owned by the cooperative equal to the highest rate charged by the cooperative to any other person or entity for comparable pole attachments; and (2) Any applicable rights-of-way fees, rentals, charges, or payments required by state or local law of a non-governmental corporation that provides the identical services.
(1) An amount for attachments to poles owned by the cooperative equal to the highest rate charged by the cooperative to any other person or entity for comparable pole attachments; and
(2) Any applicable rights-of-way fees, rentals, charges, or payments required by state or local law of a non-governmental corporation that provides the identical services.
(e) (1) Nothing in this chapter shall be construed to allow a cooperative to provide any service for which a license, certification, or registration is required under title 62, chapter 32, part 3. (2) Nothing in this chapter shall allow a cooperative to provide any service for which a license, certification, or registration is required under title 62, chapter 32, part 3, or to provide pager service.
(1) Nothing in this chapter shall be construed to allow a cooperative to provide any service for which a license, certification, or registration is required under title 62, chapter 32, part 3.
(2) Nothing in this chapter shall allow a cooperative to provide any service for which a license, certification, or registration is required under title 62, chapter 32, part 3, or to provide pager service.
(f) This chapter supersedes any conflicting law.
(g) It is unlawful for a cooperative to use unfair or anticompetitive practices prohibited by applicable state or federal law. Such practices shall include, but are not limited to, predatory pricing, collusion, and tying.
(h) Any person who has been damaged as a result of a violation of this section may bring a civil action in chancery court for injunctive or declaratory relief against the violation.
Amended by 2019 Tenn. Acts, ch. 174,s 2, eff. 4/23/2019.
Amended by 2017 Tenn. Acts, ch. 228,Secs.s11, s12, s13, s14 eff. 4/24/2017.
Amended by 2017 Tenn. Acts, ch. 94,s 59, eff. 4/4/2017.
Acts 2000, ch. 665, § 1; T.C.A. § 65-25-234 .
Tenn. Code Ann. § 65-6-102 — TN Code / Title 65 / Chapter 6 / Section 65-6-102
Issuance of bonds and stock
Status: in_force

Railroad companies existing under the laws of this state, or of this state and any other state or states, are empowered to issue bonds, and secure the payment thereof by mortgage upon their franchises and property in any state or states, or upon any part of such franchises and property, or to issue income or debenture bonds, and such guaranteed, preferred, and common stock as may be determined upon by the stockholders; provided, the same be approved by the votes of the holders of three-fourths (¾) in amount of the entire stock of the company, at a regular or called meeting of the stockholders of the company, and that ten (10) days' notice be given in a Memphis, Knoxville, and Nashville daily newspaper, of the time, place, and purpose of the meeting. Acts 1881, ch. 9, § 1; Shan., § 1542; impl. am. Acts 1921, ch. 71, § 1; mod. Code 1932, § 2611; T.C.A. (orig. ed.), § 65-602.
Railroad companies existing under the laws of this state, or of this state and any other state or states, are empowered to issue bonds, and secure the payment thereof by mortgage upon their franchises and property in any state or states, or upon any part of such franchises and property, or to issue income or debenture bonds, and such guaranteed, preferred, and common stock as may be determined upon by the stockholders; provided, the same be approved by the votes of the holders of three-fourths (¾) in amount of the entire stock of the company, at a regular or called meeting of the stockholders of the company, and that ten (10) days' notice be given in a Memphis, Knoxville, and Nashville daily newspaper, of the time, place, and purpose of the meeting.
Acts 1881, ch. 9, § 1; Shan., § 1542; impl. am. Acts 1921, ch. 71, § 1; mod. Code 1932, § 2611; T.C.A. (orig. ed.), § 65-602.
Tenn. Code Ann. § 65-27-102 — TN Code / Title 65 / Chapter 27 / Section 65-27-102
Companies contracting to supply water to charitable institutions
Status: in_force

Water companies incorporated under the laws of this state which have or may have contracts to supply with waters, state or national homes for disabled soldiers, insane asylums, state or national schools for the correction and reformation of juvenile criminals, or any like institution of public charity, are empowered to condemn springs, creeks, and waters, and the riparian rights of lower owners for the purpose of furnishing such water supply. Such uses of waters for the objects here enumerated are each declared a public use. Acts 1903, ch. 134, § 1; Shan., § 2506a 1; Code 1932, § 4072; T.C.A. (orig. ed.), § 65-2702.
Water companies incorporated under the laws of this state which have or may have contracts to supply with waters, state or national homes for disabled soldiers, insane asylums, state or national schools for the correction and reformation of juvenile criminals, or any like institution of public charity, are empowered to condemn springs, creeks, and waters, and the riparian rights of lower owners for the purpose of furnishing such water supply. Such uses of waters for the objects here enumerated are each declared a public use.
Acts 1903, ch. 134, § 1; Shan., § 2506a 1; Code 1932, § 4072; T.C.A. (orig. ed.), § 65-2702.
Tenn. Code Ann. § 65-4-408 — TN Code / Title 65 / Chapter 4 / Section 65-4-408
Defenses
Status: in_force

It shall be a defense in any action or proceeding brought under this part that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone or text message solicitations in violation of this part. Amended by 2023 Tenn. Acts, ch. 126,s 8, eff. 7/1/2023. Acts 1999, ch. 478, § 8.
It shall be a defense in any action or proceeding brought under this part that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone or text message solicitations in violation of this part.
Amended by 2023 Tenn. Acts, ch. 126,s 8, eff. 7/1/2023.
Acts 1999, ch. 478, § 8.
Tenn. Code Ann. § 65-8-103 — TN Code / Title 65 / Chapter 8 / Section 65-8-103
Continuation of business by seller to wind up business
Status: in_force

In case the railroad company, whose corporate powers have been transferred by a sale as aforementioned, has brought suits in law or equity, or holds any claims or rights of action, excepted and reserved by the terms of the sale, the corporation may have a continuance sufficiently long for the purpose of collecting the claims and paying to or dividing the same among the stockholders or the persons entitled to such claims. Acts 1871, ch. 22, § 2; Shan., § 1510a1; Code 1932, § 2582; T.C.A. (orig. ed.), § 65-803.
In case the railroad company, whose corporate powers have been transferred by a sale as aforementioned, has brought suits in law or equity, or holds any claims or rights of action, excepted and reserved by the terms of the sale, the corporation may have a continuance sufficiently long for the purpose of collecting the claims and paying to or dividing the same among the stockholders or the persons entitled to such claims.
Acts 1871, ch. 22, § 2; Shan., § 1510a1; Code 1932, § 2582; T.C.A. (orig. ed.), § 65-803.