Tenn. Code Ann. § 65-29-113 — TN Code / Title 65 / Chapter 29 / Section 65-29-113
Amendment of articles of incorporation - Certificate of change of principal office
Status: in_force

(a) A cooperative may amend its articles of incorporation by complying with the following requirements: (1) The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the members at any annual or special meeting thereof, the notice of which shall set forth the proposed amendment. The proposed amendment, with such changes as the members shall choose to make therein, shall be deemed to be approved on the affirmative vote of not less than two-thirds (2/3) of those members voting thereon at such meeting; and (2) (A) Upon such approval by the members, articles of amendment shall be executed and acknowledged on behalf of the cooperative by its president or vice president, and its corporate seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite in the caption that they are executed pursuant to this chapter and shall state: (i) The name of the cooperative; (ii) The address of its principal office; (iii) The date of the filing of its articles of incorporation in the office of the secretary of state; and (iv) The amendment to its articles of incorporation; (B) The president or vice president executing such articles of amendment shall also make and annex thereto an affidavit stating that there was compliance with this section. (b) A cooperative may, without amending its articles of incorporation, upon authorization of its board of directors, change the location of its principal office by filing a certificate of change of principal office executed and acknowledged by its president or vice president under its seal attested by its secretary, in the office of the secretary of state and also in each county office in which its articles of incorporation or any prior certificate of change of principal office of such cooperative has been filed. Such cooperative shall also, within thirty (30) days after the filing of such certificate of change of principal office in any county office, file therein certified copies of its articles of incorporation and all amendments thereto, if the same are not already on file in the county office. Acts 1961, ch. 330, § 12; T.C.A., § 65-2913.
(a) A cooperative may amend its articles of incorporation by complying with the following requirements: (1) The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the members at any annual or special meeting thereof, the notice of which shall set forth the proposed amendment. The proposed amendment, with such changes as the members shall choose to make therein, shall be deemed to be approved on the affirmative vote of not less than two-thirds (2/3) of those members voting thereon at such meeting; and (2) (A) Upon such approval by the members, articles of amendment shall be executed and acknowledged on behalf of the cooperative by its president or vice president, and its corporate seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite in the caption that they are executed pursuant to this chapter and shall state: (i) The name of the cooperative; (ii) The address of its principal office; (iii) The date of the filing of its articles of incorporation in the office of the secretary of state; and (iv) The amendment to its articles of incorporation; (B) The president or vice president executing such articles of amendment shall also make and annex thereto an affidavit stating that there was compliance with this section.
(1) The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the members at any annual or special meeting thereof, the notice of which shall set forth the proposed amendment. The proposed amendment, with such changes as the members shall choose to make therein, shall be deemed to be approved on the affirmative vote of not less than two-thirds (2/3) of those members voting thereon at such meeting; and
(2) (A) Upon such approval by the members, articles of amendment shall be executed and acknowledged on behalf of the cooperative by its president or vice president, and its corporate seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite in the caption that they are executed pursuant to this chapter and shall state: (i) The name of the cooperative; (ii) The address of its principal office; (iii) The date of the filing of its articles of incorporation in the office of the secretary of state; and (iv) The amendment to its articles of incorporation; (B) The president or vice president executing such articles of amendment shall also make and annex thereto an affidavit stating that there was compliance with this section.
(A) Upon such approval by the members, articles of amendment shall be executed and acknowledged on behalf of the cooperative by its president or vice president, and its corporate seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite in the caption that they are executed pursuant to this chapter and shall state: (i) The name of the cooperative; (ii) The address of its principal office; (iii) The date of the filing of its articles of incorporation in the office of the secretary of state; and (iv) The amendment to its articles of incorporation;
(i) The name of the cooperative;
(ii) The address of its principal office;
(iii) The date of the filing of its articles of incorporation in the office of the secretary of state; and
(iv) The amendment to its articles of incorporation;
(B) The president or vice president executing such articles of amendment shall also make and annex thereto an affidavit stating that there was compliance with this section.
(b) A cooperative may, without amending its articles of incorporation, upon authorization of its board of directors, change the location of its principal office by filing a certificate of change of principal office executed and acknowledged by its president or vice president under its seal attested by its secretary, in the office of the secretary of state and also in each county office in which its articles of incorporation or any prior certificate of change of principal office of such cooperative has been filed. Such cooperative shall also, within thirty (30) days after the filing of such certificate of change of principal office in any county office, file therein certified copies of its articles of incorporation and all amendments thereto, if the same are not already on file in the county office.
Acts 1961, ch. 330, § 12; T.C.A., § 65-2913.
Tenn. Code Ann. § 65-25-107 — TN Code / Title 65 / Chapter 25 / Section 65-25-107
Board of directors
Status: in_force

(a) The business and affairs of a cooperative shall be managed under the direction of a board of not less than five (5) directors, each of whom shall be a member of the cooperative or, if the cooperative's membership consists wholly of one (1) or more other cooperatives, a member, a director or an executive or administrative officer or employee of such one (1) or more member cooperatives. The bylaws shall prescribe the number of directors, their qualifications, other than those provided for in this chapter, the manner of holding meetings of the board and of the election of successors to directors who shall resign, die, or otherwise be incapable of or disqualified from acting, and any other rule, manner, procedure or matter relating to the board and its exercise of the powers conferred upon it by this chapter or by other law, the articles of incorporation or the bylaws. (b) Directors may, but only if so provided in a cooperative's bylaws, be removed and their successors thereupon elected by the members; provided, that no director shall be so removable except upon the basis of a written charge, and the presentation of some evidence in support thereof, that such director has been guilty of an act or omission adversely affecting the business and affairs of the cooperative and amounting to actionable negligence, malfeasance, misfeasance or nonfeasance, or fraud or criminal conduct; further, that no director shall be removable from office, either by the members or by judicial decree, or be otherwise civilly liable, for the reason that such director, in good faith and believing such to be in the best interests of the cooperative and of its present and future members, failed or declined to support, or that such director opposed: (1) A proposal to sell or lease-sell all or a substantial portion of the cooperative's assets and properties or to dissolve the cooperative; (2) A motion to notify the cooperative's members of a proposal received by the cooperative for such a sale, lease-sale or dissolution; or (3) A motion or any other effort to call a meeting of the cooperative's members to consider and act upon a proposal for such a sale, lease-sale or dissolution. (c) Directors named in articles of incorporation, consolidation or merger, as the case may be, shall hold office until the next following annual meeting of the members or until their successors shall have been elected and qualified. At each annual meeting of the members or, in case such a meeting shall not be held or shall not for any reason elect directors otherwise scheduled to be elected, at an adjournment of such meeting or at the next annual meeting of the members or at any earlier special member meeting called for that purpose, the members shall elect directors to hold office until the next following annual member meeting, except as otherwise provided in subsection (d), and each director so elected shall hold office for the term for which such director is elected or until a successor shall have been elected and qualified. If the bylaws so provide, directors may be elected solely by mail ballot, delivered to the cooperative either by mail or any other reasonable means of delivery at least three (3) business days prior to the date on which the annual meeting of the members is scheduled to be held. The secretary shall announce the winner or winners at such meeting, or by timely written communication mailed to all members if for any reason the meeting is not duly held, and the persons so elected shall take office at the board meeting first held on or after the date on which the member meeting was scheduled to be held. (d) If the bylaws so provide, directors shall be divided: (1) Into two (2) classes so that one-half (½) of them or as near thereto as may be are elected each year for two-year terms; (2) Into three (3) classes so that one-third (1/3) of them or as near thereto as may be are elected each year for three-year terms; or (3) Into four (4) classes so that one-fourth (¼) of them or as near thereto as may be are elected each year for four-year terms. (e) A majority of the directors in office shall constitute a quorum; provided, that if a matter to be considered for action by the board is one with respect to which a director has a conflict of interest, that director shall not be counted as a director in office for the purpose of determining whether a quorum is present. (f) If, pursuant to the bylaws, a husband and wife hold a joint membership in a cooperative, either, but not both at the same time, may serve as a director. (g) All of a cooperative's powers shall be vested in and exercised by the board, except such as are conferred upon or reserved to the members by this chapter and any other applicable law or the cooperative's articles of incorporation or bylaws. (h) The board of directors of the cooperative shall, within ninety (90) days following July 1, 2008, adopt a written policy and make it available to the members of the cooperative concerning the manner in which a member of the cooperative may appear before the board. Acts 1988, ch. 689, §2; 2008 , ch. 858, § 1; T.C.A. § 65-25-207 .
(a) The business and affairs of a cooperative shall be managed under the direction of a board of not less than five (5) directors, each of whom shall be a member of the cooperative or, if the cooperative's membership consists wholly of one (1) or more other cooperatives, a member, a director or an executive or administrative officer or employee of such one (1) or more member cooperatives. The bylaws shall prescribe the number of directors, their qualifications, other than those provided for in this chapter, the manner of holding meetings of the board and of the election of successors to directors who shall resign, die, or otherwise be incapable of or disqualified from acting, and any other rule, manner, procedure or matter relating to the board and its exercise of the powers conferred upon it by this chapter or by other law, the articles of incorporation or the bylaws.
(b) Directors may, but only if so provided in a cooperative's bylaws, be removed and their successors thereupon elected by the members; provided, that no director shall be so removable except upon the basis of a written charge, and the presentation of some evidence in support thereof, that such director has been guilty of an act or omission adversely affecting the business and affairs of the cooperative and amounting to actionable negligence, malfeasance, misfeasance or nonfeasance, or fraud or criminal conduct; further, that no director shall be removable from office, either by the members or by judicial decree, or be otherwise civilly liable, for the reason that such director, in good faith and believing such to be in the best interests of the cooperative and of its present and future members, failed or declined to support, or that such director opposed: (1) A proposal to sell or lease-sell all or a substantial portion of the cooperative's assets and properties or to dissolve the cooperative; (2) A motion to notify the cooperative's members of a proposal received by the cooperative for such a sale, lease-sale or dissolution; or (3) A motion or any other effort to call a meeting of the cooperative's members to consider and act upon a proposal for such a sale, lease-sale or dissolution.
(1) A proposal to sell or lease-sell all or a substantial portion of the cooperative's assets and properties or to dissolve the cooperative;
(2) A motion to notify the cooperative's members of a proposal received by the cooperative for such a sale, lease-sale or dissolution; or
(3) A motion or any other effort to call a meeting of the cooperative's members to consider and act upon a proposal for such a sale, lease-sale or dissolution.
(c) Directors named in articles of incorporation, consolidation or merger, as the case may be, shall hold office until the next following annual meeting of the members or until their successors shall have been elected and qualified. At each annual meeting of the members or, in case such a meeting shall not be held or shall not for any reason elect directors otherwise scheduled to be elected, at an adjournment of such meeting or at the next annual meeting of the members or at any earlier special member meeting called for that purpose, the members shall elect directors to hold office until the next following annual member meeting, except as otherwise provided in subsection (d), and each director so elected shall hold office for the term for which such director is elected or until a successor shall have been elected and qualified. If the bylaws so provide, directors may be elected solely by mail ballot, delivered to the cooperative either by mail or any other reasonable means of delivery at least three (3) business days prior to the date on which the annual meeting of the members is scheduled to be held. The secretary shall announce the winner or winners at such meeting, or by timely written communication mailed to all members if for any reason the meeting is not duly held, and the persons so elected shall take office at the board meeting first held on or after the date on which the member meeting was scheduled to be held.
(d) If the bylaws so provide, directors shall be divided: (1) Into two (2) classes so that one-half (½) of them or as near thereto as may be are elected each year for two-year terms; (2) Into three (3) classes so that one-third (1/3) of them or as near thereto as may be are elected each year for three-year terms; or (3) Into four (4) classes so that one-fourth (¼) of them or as near thereto as may be are elected each year for four-year terms.
(1) Into two (2) classes so that one-half (½) of them or as near thereto as may be are elected each year for two-year terms;
(2) Into three (3) classes so that one-third (1/3) of them or as near thereto as may be are elected each year for three-year terms; or
(3) Into four (4) classes so that one-fourth (¼) of them or as near thereto as may be are elected each year for four-year terms.
(e) A majority of the directors in office shall constitute a quorum; provided, that if a matter to be considered for action by the board is one with respect to which a director has a conflict of interest, that director shall not be counted as a director in office for the purpose of determining whether a quorum is present.
(f) If, pursuant to the bylaws, a husband and wife hold a joint membership in a cooperative, either, but not both at the same time, may serve as a director.
(g) All of a cooperative's powers shall be vested in and exercised by the board, except such as are conferred upon or reserved to the members by this chapter and any other applicable law or the cooperative's articles of incorporation or bylaws.
(h) The board of directors of the cooperative shall, within ninety (90) days following July 1, 2008, adopt a written policy and make it available to the members of the cooperative concerning the manner in which a member of the cooperative may appear before the board.
Acts 1988, ch. 689, §2; 2008 , ch. 858, § 1; T.C.A. § 65-25-207 .
Tenn. Code Ann. § 65-28-102 — TN Code / Title 65 / Chapter 28 / Section 65-28-102
Tolls or freight rates
Status: in_force

A pipeline corporation has the right to exact and receive the same tolls or charges for the transportation of products as other common carriers. Acts 1919, ch. 98, § 4; Shan. Supp., § 2360a4; Code 1932, § 3999; T.C.A. (orig. ed.), § 65-2802.
A pipeline corporation has the right to exact and receive the same tolls or charges for the transportation of products as other common carriers.
Acts 1919, ch. 98, § 4; Shan. Supp., § 2360a4; Code 1932, § 3999; T.C.A. (orig. ed.), § 65-2802.
Tenn. Code Ann. § 65-28-208 — TN Code / Title 65 / Chapter 28 / Section 65-28-208
Addition of refined landfill methane into natural gas stream
Status: in_force

The addition of refined landfill methane described in this part into any natural gas stream and the resulting use of the gas stream consisting in part of the refined landfill methane and in part of natural gas by any person purchasing or receiving the gas shall be considered for all purposes to be the use of natural gas within the meaning of any permit previously granted or granted in the future to the person by any agency of this state. It is expressly provided that this section does not authorize the use of raw, unprocessed or unrefined gas generated by decomposition at solid waste landfills to be sold or used as natural gas whether alone or in combination with natural gas. Any prohibition in any existing or future permit issued by this state applicable by its terms to the use of landfill gas shall be deemed to refer only to the use of the raw, unprocessed or unrefined gas generated by decomposition at solid waste landfills without treatment, refinement or purification as contemplated by this part; and any such prohibition applicable to landfill gas is expressly deemed to neither refer to nor prohibit the use of refined landfill methane as described in this part. Acts 2009, ch. 73, § 1.
The addition of refined landfill methane described in this part into any natural gas stream and the resulting use of the gas stream consisting in part of the refined landfill methane and in part of natural gas by any person purchasing or receiving the gas shall be considered for all purposes to be the use of natural gas within the meaning of any permit previously granted or granted in the future to the person by any agency of this state. It is expressly provided that this section does not authorize the use of raw, unprocessed or unrefined gas generated by decomposition at solid waste landfills to be sold or used as natural gas whether alone or in combination with natural gas. Any prohibition in any existing or future permit issued by this state applicable by its terms to the use of landfill gas shall be deemed to refer only to the use of the raw, unprocessed or unrefined gas generated by decomposition at solid waste landfills without treatment, refinement or purification as contemplated by this part; and any such prohibition applicable to landfill gas is expressly deemed to neither refer to nor prohibit the use of refined landfill methane as described in this part.
Acts 2009, ch. 73, § 1.
Tenn. Code Ann. § 65-10-206 — TN Code / Title 65 / Chapter 10 / Section 65-10-206
Priority of lien
Status: in_force

No railroad company shall have power to give or create any mortgage or other kind of lien on its railroad, its property or franchises, in this state, which shall be valid and binding against any judgments or decrees, or execution issued thereon, rendered in any of the courts in this state, for the enforcement of any liens provided for in this chapter; nor shall the liens created by § 65-10-201 be hindered, postponed, delayed or defeated by any contract, real or pretended, made by any railroad company with any principal or construction company, real or pretended. Acts 1891, ch. 98, § 4; Shan., § 3585; Code 1932, § 8007; T.C.A. (orig. ed.), § 65-1016.
No railroad company shall have power to give or create any mortgage or other kind of lien on its railroad, its property or franchises, in this state, which shall be valid and binding against any judgments or decrees, or execution issued thereon, rendered in any of the courts in this state, for the enforcement of any liens provided for in this chapter; nor shall the liens created by § 65-10-201 be hindered, postponed, delayed or defeated by any contract, real or pretended, made by any railroad company with any principal or construction company, real or pretended.
Acts 1891, ch. 98, § 4; Shan., § 3585; Code 1932, § 8007; T.C.A. (orig. ed.), § 65-1016.
Tenn. Code Ann. § 65-10-110 — TN Code / Title 65 / Chapter 10 / Section 65-10-110
Payment into court by principal contractor
Status: in_force

The principal contractor may, upon receiving the notice provided for in § 65-10-105 , be relieved, if sued, by paying the sum claimed into court, which payment into court shall discharge the principal contractor from liability to the subcontractor for the amount so paid into court; and thereupon the subcontractor shall be summoned to answer the demand of the claimant, and such judgment shall be rendered thereon as the right may appear. Acts 1883, ch. 220, § 4; Shan., § 3579; Code 1932, § 8001; T.C.A. (orig. ed.), § 65-1010.
The principal contractor may, upon receiving the notice provided for in § 65-10-105 , be relieved, if sued, by paying the sum claimed into court, which payment into court shall discharge the principal contractor from liability to the subcontractor for the amount so paid into court; and thereupon the subcontractor shall be summoned to answer the demand of the claimant, and such judgment shall be rendered thereon as the right may appear.
Acts 1883, ch. 220, § 4; Shan., § 3579; Code 1932, § 8001; T.C.A. (orig. ed.), § 65-1010.
Tenn. Code Ann. § 65-34-107 — TN Code / Title 65 / Chapter 34 / Section 65-34-107
Municipalities - Powers - Limitations
Status: in_force

(a) Nothing in this chapter shall impair the right and power of municipalities to operate or authorize the operation of municipal electric systems or electric and community service cooperatives within their municipal boundaries consistent with § 6-51-112 . (b) The provisions of § 6-51-111 to the contrary notwithstanding, municipalities may not through the grant of franchises or other operating authority expand the current geographic territories of non-consumer owned electric systems. Acts 1989, ch. 230, § 7.
(a) Nothing in this chapter shall impair the right and power of municipalities to operate or authorize the operation of municipal electric systems or electric and community service cooperatives within their municipal boundaries consistent with § 6-51-112 .
(b) The provisions of § 6-51-111 to the contrary notwithstanding, municipalities may not through the grant of franchises or other operating authority expand the current geographic territories of non-consumer owned electric systems.
Acts 1989, ch. 230, § 7.
Tenn. Code Ann. § 65-32-102 — TN Code / Title 65 / Chapter 32 / Section 65-32-102
Applicability of chapter
Status: in_force

This chapter shall only apply to those counties having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census. Acts 1978, ch. 871, § 5; T.C.A., § 65-3402; Acts 2005, ch. 6, § 1.
This chapter shall only apply to those counties having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census.
Acts 1978, ch. 871, § 5; T.C.A., § 65-3402; Acts 2005, ch. 6, § 1.
Tenn. Code Ann. § 65-15-111 — TN Code / Title 65 / Chapter 15 / Section 65-15-111
Safety rules and regulations - Inspection of vehicles, etc
Status: in_force

(a) The department of safety, by the authority vested in it by this part to license, supervise and regulate certain motor vehicles operating on the highways of Tennessee, shall periodically promulgate such safety rules and regulations as the department of safety deems necessary to govern and control the safety operations and safe use of equipment by the following: (1) Each holder of an interstate or intrastate permit; (2) Any individual, corporation or partnership operating a motor vehicle in commerce which has a gross vehicle weight rating or gross combination weight rating of ten thousand and one (10,001) or more pounds, or the motor vehicle is designed to transport more than fifteen (15) passengers, including the driver; and (3) Any individual, corporation or partnership operating a motor vehicle of any gross vehicle weight transporting hazardous material. The safety rules and regulations described in this chapter do not apply to any motor vehicle transporting nonhazardous materials for farm purposes which does not travel outside the boundaries of this state. (b) The department of safety may inspect these motor vehicles for the purpose of safety. (c) This section applies only to the safety inspection of such vehicles, and does not require the department to issue certificates of convenience and necessity, contract hauler's permits or interstate permits to motor vehicles operating under this section. (d) Vehicles, trailers, semi-trailers and pole trailers subject to this section are placed under the jurisdiction of the department of safety's statutes, rules and regulations pertaining to safety, and every officer, agent or employee of any corporation or any other person who violates or fails to comply with this section or who procures, aids or abets in the violation of this section shall be subject to the penalties provided in § 65-15-113 . (e) (1) The department of safety shall inspect and certify all homemade or materially reconstructed trailers, semi-trailers, and pole trailers which are required to be titled or registered in accordance with title 55, chapters 1-6, for compliance with all applicable safety rules and regulations promulgated by the department of safety. (2) The fee for such inspection to be collected by the department of safety is twenty-five dollars ($25.00) per trailer inspected. The department of safety may promulgate rules and regulations to implement this subsection (e). (f) Notwithstanding the provisions of this chapter to the contrary, 49 CFR parts 390-397, shall not apply to commercial motor vehicles operated in intrastate commerce to transport property that have a gross vehicle weight rating or gross combination weight rating of twenty-six thousand pounds (26,000 lbs.) or less; provided, that a Tennessee highway patrol officer with Level I training, having probable cause to believe such a commercial motor vehicle is being operated with unsafe loading or mechanical conditions, may stop such motor vehicle for inspection. If such motor vehicle is determined to be operated with unsafe loading or mechanical conditions, no citation may be issued, however, the officer shall implement out-of-service requirements as set forth in the commercial vehicle safety alliance out-of-service criteria. The exception provided by this subsection (f) shall not apply to vehicles transporting hazardous materials required to be placarded, or to vehicles designed to transport sixteen (16) or more passengers, including the driver, as defined in title 49 of the CFR.
(a) The department of safety, by the authority vested in it by this part to license, supervise and regulate certain motor vehicles operating on the highways of Tennessee, shall periodically promulgate such safety rules and regulations as the department of safety deems necessary to govern and control the safety operations and safe use of equipment by the following: (1) Each holder of an interstate or intrastate permit; (2) Any individual, corporation or partnership operating a motor vehicle in commerce which has a gross vehicle weight rating or gross combination weight rating of ten thousand and one (10,001) or more pounds, or the motor vehicle is designed to transport more than fifteen (15) passengers, including the driver; and (3) Any individual, corporation or partnership operating a motor vehicle of any gross vehicle weight transporting hazardous material. The safety rules and regulations described in this chapter do not apply to any motor vehicle transporting nonhazardous materials for farm purposes which does not travel outside the boundaries of this state.
(1) Each holder of an interstate or intrastate permit;
(2) Any individual, corporation or partnership operating a motor vehicle in commerce which has a gross vehicle weight rating or gross combination weight rating of ten thousand and one (10,001) or more pounds, or the motor vehicle is designed to transport more than fifteen (15) passengers, including the driver; and
(3) Any individual, corporation or partnership operating a motor vehicle of any gross vehicle weight transporting hazardous material. The safety rules and regulations described in this chapter do not apply to any motor vehicle transporting nonhazardous materials for farm purposes which does not travel outside the boundaries of this state.
(b) The department of safety may inspect these motor vehicles for the purpose of safety.
(c) This section applies only to the safety inspection of such vehicles, and does not require the department to issue certificates of convenience and necessity, contract hauler's permits or interstate permits to motor vehicles operating under this section.
(d) Vehicles, trailers, semi-trailers and pole trailers subject to this section are placed under the jurisdiction of the department of safety's statutes, rules and regulations pertaining to safety, and every officer, agent or employee of any corporation or any other person who violates or fails to comply with this section or who procures, aids or abets in the violation of this section shall be subject to the penalties provided in § 65-15-113 .
(e) (1) The department of safety shall inspect and certify all homemade or materially reconstructed trailers, semi-trailers, and pole trailers which are required to be titled or registered in accordance with title 55, chapters 1-6, for compliance with all applicable safety rules and regulations promulgated by the department of safety. (2) The fee for such inspection to be collected by the department of safety is twenty-five dollars ($25.00) per trailer inspected. The department of safety may promulgate rules and regulations to implement this subsection (e).
(1) The department of safety shall inspect and certify all homemade or materially reconstructed trailers, semi-trailers, and pole trailers which are required to be titled or registered in accordance with title 55, chapters 1-6, for compliance with all applicable safety rules and regulations promulgated by the department of safety.
(2) The fee for such inspection to be collected by the department of safety is twenty-five dollars ($25.00) per trailer inspected. The department of safety may promulgate rules and regulations to implement this subsection (e).
(f) Notwithstanding the provisions of this chapter to the contrary, 49 CFR parts 390-397, shall not apply to commercial motor vehicles operated in intrastate commerce to transport property that have a gross vehicle weight rating or gross combination weight rating of twenty-six thousand pounds (26,000 lbs.) or less; provided, that a Tennessee highway patrol officer with Level I training, having probable cause to believe such a commercial motor vehicle is being operated with unsafe loading or mechanical conditions, may stop such motor vehicle for inspection. If such motor vehicle is determined to be operated with unsafe loading or mechanical conditions, no citation may be issued, however, the officer shall implement out-of-service requirements as set forth in the commercial vehicle safety alliance out-of-service criteria. The exception provided by this subsection (f) shall not apply to vehicles transporting hazardous materials required to be placarded, or to vehicles designed to transport sixteen (16) or more passengers, including the driver, as defined in title 49 of the CFR.
Tenn. Code Ann. § 65-4-102 — TN Code / Title 65 / Chapter 4 / Section 65-4-102
Railroads excluded
Status: in_force

None of the provisions of this chapter and none of the powers conferred upon the commission shall apply to any railroad, whether operated by an incorporated company or individual, which is operated in this state and which is regulated and governed by chapter 3 of this title. Acts 1919, ch. 49, § 3; Shan. Supp., § 3059a86; mod. Code 1932, § 5449; Acts 1939, ch. 130, § 1; C. Supp. 1950, § 5449; modified; T.C.A. (orig. ed.), § 65-402; Acts 1995, ch. 305, § 20.
None of the provisions of this chapter and none of the powers conferred upon the commission shall apply to any railroad, whether operated by an incorporated company or individual, which is operated in this state and which is regulated and governed by chapter 3 of this title.
Acts 1919, ch. 49, § 3; Shan. Supp., § 3059a86; mod. Code 1932, § 5449; Acts 1939, ch. 130, § 1; C. Supp. 1950, § 5449; modified; T.C.A. (orig. ed.), § 65-402; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-15-102 — TN Code / Title 65 / Chapter 15 / Section 65-15-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Airport limousine" means every vehicle designed and/or constructed to accommodate and transport passengers, not more than twelve (12) in number, exclusive of the driver, having an operating agreement with an airport providing for a fixed passenger fare and a fixed schedule, the principal operations of which airport limousine is confined to areas between the airport and fixed points in municipalities, counties and the suburbs of the same within a forty (40) mile radius of such airport; (2) "Commissioner" means the commissioner of revenue unless otherwise indicated; (3) "Commuter van" means a motor vehicle, except taxicabs or airport limousines, used primarily for hauling not more than fifteen (15) passengers to and from their regular places of employment; (4) "Contract hauler" means any person, firm or corporation engaged in the transportation for compensation or hire of persons and/or property for a particular person or corporation to or from a particular place or places under special or individual agreement or agreements, and not operating as a common carrier and not operating exclusively within the corporate limits of an incorporated city or town, or exclusively within the corporate limits of such city or town and the suburban territory adjacent thereto, except "contract hauler" does not exclude those engaged in the transportation of mobile homes for hire or compensation within an incorporated city or town; (5) "Department" means the department of revenue unless otherwise indicated; (6) "Farm vehicle" means a motor vehicle that is: (A) Controlled and operated by a farmer as a private motor carrier of property; (B) Being used to transport either: (i) Agricultural products, or (ii) Farm machinery, farm supplies, or both, to or from a farm; (C) Not being used in the operation of a for-hire motor carrier; (D) Not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with 49 CFR 177.823 ; and (E) Used within one hundred fifty (150) miles of the farmer's farm; (7) "For-hire motor carrier" means a person engaged in the transportation of goods or passengers for compensation; (8) "Household goods" means personal belongings transported from one residence to another by motor carrier; (9) "Limousine" means any motor vehicle except a taxicab or sedan designed or constructed to accommodate and transport passengers for hire, with an extended wheel base and expanded seating capacity designed for the transportation of persons. The vehicle shall have additional rear seating capacity, area, and comforts; and shall be designed to transport not more than fourteen (14) persons, exclusive of the chauffeur/driver, and the principal operation of such vehicle is confined to the area within the corporate limits of cities and suburban territory adjacent thereto; (10) "Mobile home" means any factory assembled structure equipped with the necessary service connections and made so as to be readily movable as a unit on its "own running gear and designed to be used as a dwelling unit" without a permanent foundation which can consist of one (1) or more components that can be retracted for towing purposes and subsequently expanded for additional capacity; or of two (2) or more units separately towable but designed to be joined into one (1) integral unit; (11) "Motor carrier" means any person, firm, partnership, association, joint stock company, corporation, lessee, trustee, or receiver appointed by any court whatsoever, operating any motor vehicle with or without semitrailers attached, upon any public highway for the transportation of persons or property, or both, or for providing or furnishing such transportation service, for hire as a common carrier; (12) "Motor freight broker" means any person, firm, partnership, association or corporation engaged in contracting for the transportation of property through the agency of any motor carrier, contract hauler, or other carrier by motor vehicle, where the person so contracting with the shipper or consignor, for such transportation, is not the owner or operator of the agency of motor vehicle transportation used in the actual transportation, but who arranges for such actual transportation by others, pursuant to regular or special contract had with such actual transporting agent; (13) (A) "Motor transportation agent" means any person, firm, partnership, association or corporation engaged, as principal or agent, in the selling, offering for sale, negotiation for, soliciting by advertisement or otherwise, arranging as an intermediary or otherwise, or that holds such person or firm out as one who sells, provides, furnishes or arranges for, transportation for any person or persons over the highways of this state upon a share-expense plan or for fixed compensation, either in the private motor vehicles of persons not motor carriers or contract haulers not holding certificates of convenience and necessity, interstate permit, or contract hauler's permit permitting the transportation of passengers over such highways between the points for which such transportation is sold or provided; (B) "Motor transportation agent" does not apply to the transportation of children to and from school; (14) "Motor vehicle" means any automobile, automobile truck, motor bus, truck bus or any other self-propelled vehicle not operated or driven upon fixed rails or tracks; (15) "Private carrier" means a person who provides transportation of property or passengers by a commercial motor vehicle and who is not a for-hire motor carrier; (16) "Public highway" means every public street, alley, road, highway, or thoroughfare of every kind in this state used by the public, whether actually dedicated to the public and accepted by the proper authorities or otherwise; (17) "Sedan" means any motor vehicle except a limousine or taxicab designed or constructed to accommodate and transport passengers for hire that does not have an extended wheel base or an expanded seating capacity designed for the transportation of persons. The vehicle has no additional rear seating capacity, area or comforts; is designed to transport not more than five (5) passengers, exclusive of the chauffeur/driver, the principal operation of which is confined to the area within the corporate limits of cities and suburban territory adjacent thereto, and is not operated on a fixed route or schedule; (18) "Shuttle" means any motor vehicle designed or constructed to accommodate and transport not more than fifteen (15) passengers for hire, exclusive of the driver, the principal operation of which is confined to the area within the corporate limits of cities and suburban territory adjacent thereto, and is operated on a fixed route or schedule; and (19) "Taxicab" means any motor vehicle except a limousine or sedan designed or constructed to accommodate and transport not more than nine (9) passengers for hire, exclusive of the driver, the principal operation of which is confined to the area within the corporate limits of cities and suburban territory adjacent thereto, and is not operated on a fixed route or schedule. Acts 1933, ch. 119, § 1; C. Supp. 1950, § 5501.1; impl. am. Acts 1955, ch. 69, § 1; Acts 1972, ch. 683, §§ 1, 2; T.C.A. (orig. ed.), § 65-1502; Acts 1982, ch. 622, § 1; 1995, ch. 305, § 30; 1999, ch. 97, § 1; 2007, ch. 484, § 98.
As used in this part, unless the context otherwise requires:
(1) "Airport limousine" means every vehicle designed and/or constructed to accommodate and transport passengers, not more than twelve (12) in number, exclusive of the driver, having an operating agreement with an airport providing for a fixed passenger fare and a fixed schedule, the principal operations of which airport limousine is confined to areas between the airport and fixed points in municipalities, counties and the suburbs of the same within a forty (40) mile radius of such airport;
(2) "Commissioner" means the commissioner of revenue unless otherwise indicated;
(3) "Commuter van" means a motor vehicle, except taxicabs or airport limousines, used primarily for hauling not more than fifteen (15) passengers to and from their regular places of employment;
(4) "Contract hauler" means any person, firm or corporation engaged in the transportation for compensation or hire of persons and/or property for a particular person or corporation to or from a particular place or places under special or individual agreement or agreements, and not operating as a common carrier and not operating exclusively within the corporate limits of an incorporated city or town, or exclusively within the corporate limits of such city or town and the suburban territory adjacent thereto, except "contract hauler" does not exclude those engaged in the transportation of mobile homes for hire or compensation within an incorporated city or town;
(5) "Department" means the department of revenue unless otherwise indicated;
(6) "Farm vehicle" means a motor vehicle that is: (A) Controlled and operated by a farmer as a private motor carrier of property; (B) Being used to transport either: (i) Agricultural products, or (ii) Farm machinery, farm supplies, or both, to or from a farm; (C) Not being used in the operation of a for-hire motor carrier; (D) Not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with 49 CFR 177.823 ; and (E) Used within one hundred fifty (150) miles of the farmer's farm;
(A) Controlled and operated by a farmer as a private motor carrier of property;
(B) Being used to transport either: (i) Agricultural products, or (ii) Farm machinery, farm supplies, or both, to or from a farm;
(i) Agricultural products, or
(ii) Farm machinery, farm supplies, or both, to or from a farm;
(C) Not being used in the operation of a for-hire motor carrier;
(D) Not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with 49 CFR 177.823 ; and
(E) Used within one hundred fifty (150) miles of the farmer's farm;
(7) "For-hire motor carrier" means a person engaged in the transportation of goods or passengers for compensation;
(8) "Household goods" means personal belongings transported from one residence to another by motor carrier;
(9) "Limousine" means any motor vehicle except a taxicab or sedan designed or constructed to accommodate and transport passengers for hire, with an extended wheel base and expanded seating capacity designed for the transportation of persons. The vehicle shall have additional rear seating capacity, area, and comforts; and shall be designed to transport not more than fourteen (14) persons, exclusive of the chauffeur/driver, and the principal operation of such vehicle is confined to the area within the corporate limits of cities and suburban territory adjacent thereto;
(10) "Mobile home" means any factory assembled structure equipped with the necessary service connections and made so as to be readily movable as a unit on its "own running gear and designed to be used as a dwelling unit" without a permanent foundation which can consist of one (1) or more components that can be retracted for towing purposes and subsequently expanded for additional capacity; or of two (2) or more units separately towable but designed to be joined into one (1) integral unit;
(11) "Motor carrier" means any person, firm, partnership, association, joint stock company, corporation, lessee, trustee, or receiver appointed by any court whatsoever, operating any motor vehicle with or without semitrailers attached, upon any public highway for the transportation of persons or property, or both, or for providing or furnishing such transportation service, for hire as a common carrier;
(12) "Motor freight broker" means any person, firm, partnership, association or corporation engaged in contracting for the transportation of property through the agency of any motor carrier, contract hauler, or other carrier by motor vehicle, where the person so contracting with the shipper or consignor, for such transportation, is not the owner or operator of the agency of motor vehicle transportation used in the actual transportation, but who arranges for such actual transportation by others, pursuant to regular or special contract had with such actual transporting agent;
(13) (A) "Motor transportation agent" means any person, firm, partnership, association or corporation engaged, as principal or agent, in the selling, offering for sale, negotiation for, soliciting by advertisement or otherwise, arranging as an intermediary or otherwise, or that holds such person or firm out as one who sells, provides, furnishes or arranges for, transportation for any person or persons over the highways of this state upon a share-expense plan or for fixed compensation, either in the private motor vehicles of persons not motor carriers or contract haulers not holding certificates of convenience and necessity, interstate permit, or contract hauler's permit permitting the transportation of passengers over such highways between the points for which such transportation is sold or provided; (B) "Motor transportation agent" does not apply to the transportation of children to and from school;
(A) "Motor transportation agent" means any person, firm, partnership, association or corporation engaged, as principal or agent, in the selling, offering for sale, negotiation for, soliciting by advertisement or otherwise, arranging as an intermediary or otherwise, or that holds such person or firm out as one who sells, provides, furnishes or arranges for, transportation for any person or persons over the highways of this state upon a share-expense plan or for fixed compensation, either in the private motor vehicles of persons not motor carriers or contract haulers not holding certificates of convenience and necessity, interstate permit, or contract hauler's permit permitting the transportation of passengers over such highways between the points for which such transportation is sold or provided;
(B) "Motor transportation agent" does not apply to the transportation of children to and from school;
(14) "Motor vehicle" means any automobile, automobile truck, motor bus, truck bus or any other self-propelled vehicle not operated or driven upon fixed rails or tracks;
(15) "Private carrier" means a person who provides transportation of property or passengers by a commercial motor vehicle and who is not a for-hire motor carrier;
(16) "Public highway" means every public street, alley, road, highway, or thoroughfare of every kind in this state used by the public, whether actually dedicated to the public and accepted by the proper authorities or otherwise;
(17) "Sedan" means any motor vehicle except a limousine or taxicab designed or constructed to accommodate and transport passengers for hire that does not have an extended wheel base or an expanded seating capacity designed for the transportation of persons. The vehicle has no additional rear seating capacity, area or comforts; is designed to transport not more than five (5) passengers, exclusive of the chauffeur/driver, the principal operation of which is confined to the area within the corporate limits of cities and suburban territory adjacent thereto, and is not operated on a fixed route or schedule;
(18) "Shuttle" means any motor vehicle designed or constructed to accommodate and transport not more than fifteen (15) passengers for hire, exclusive of the driver, the principal operation of which is confined to the area within the corporate limits of cities and suburban territory adjacent thereto, and is operated on a fixed route or schedule; and
(19) "Taxicab" means any motor vehicle except a limousine or sedan designed or constructed to accommodate and transport not more than nine (9) passengers for hire, exclusive of the driver, the principal operation of which is confined to the area within the corporate limits of cities and suburban territory adjacent thereto, and is not operated on a fixed route or schedule.
Acts 1933, ch. 119, § 1; C. Supp. 1950, § 5501.1; impl. am. Acts 1955, ch. 69, § 1; Acts 1972, ch. 683, §§ 1, 2; T.C.A. (orig. ed.), § 65-1502; Acts 1982, ch. 622, § 1; 1995, ch. 305, § 30; 1999, ch. 97, § 1; 2007, ch. 484, § 98.
Tenn. Code Ann. § 65-4-401 — TN Code / Title 65 / Chapter 4 / Section 65-4-401
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Caller identification service" means telephone service which notifies telephone subscribers of the telephone number of incoming telephone calls; (2) "Commission" means the Tennessee public utility commission; (3) "Local exchange company" includes telecommunications service providers as defined in § 65-4-101 , competing telecommunications service providers as such term is defined in § 65-4-101 , telephone cooperatives, and cellular or other wireless telecommunications providers; (4) "Person" means a natural person, individual, partnership, corporation, trust, estate, incorporated or unincorporated association and any other legal or commercial entity however organized and wherever located that telemarkets to citizens located within this state; (5) "Residential subscriber" means a person who has subscribed to residential telephone service from a local exchange company or the other persons living, residing or visiting with such person; (6) (A) "Telephone solicitation" means any voice communication over a telephone originating from Tennessee or elsewhere that: (i) Promotes or encourages, directly or indirectly, the purchase of, rental of, or investment in property, goods, or services; (ii) Refers a residential subscriber to another person for the purpose of promoting or encouraging the purchase of, rental of, or investment in property, goods, or services; or (iii) Requests a charitable contribution except as provided for in subdivision (6)(B)(ii); (B) "Telephone solicitation" does not include voice communications to any residential subscriber: (i) With that subscriber's prior express permission; (ii) If the communication is made by a bona fide member, volunteer or direct employee of a not-for-profit organization exempt from paying taxes under § 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ), provided the voice communication is made to request a charitable contribution to be used solely for such not-for-profit organization's exempt purpose; (iii) Who is an existing customer. For the purposes of this part, an "existing customer" includes a residential subscriber with whom the person or entity making a telephone solicitation has had a prior relationship within the prior twelve (12) months; or (iv) If the communication is made on behalf of a business and all of the following conditions are met: (a) A direct employee of the business makes the voice communication; (b) The communication is not made as part of a telecommunications marketing plan; (c) The business has a reasonable belief that the specific person who is receiving the voice communication is considering purchasing the service or product sold or leased by the business and the call is specifically directed to such person; (d) The business does not sell or engage in telemarketing services; and (e) The business does not make more than a total of three (3) such voice communications in any one (1) calendar week; and (7) "Text message solicitation": (A) Means a text communication over a telephone originating from this state or elsewhere that: (i) Promotes or encourages, directly or indirectly, the purchase or rental of, or investment in, property, goods, or services; (ii) Refers a residential subscriber to another person for the purpose of promoting or encouraging the purchase of, rental of, or investment in, property, goods, or services; or (iii) Requests a charitable contribution, except as provided for in subdivision (7)(B)(ii); and (B) Does not include a text communication to a residential subscriber: (i) With the subscriber's prior express permission; (ii) If the communication is made by a bona fide member, volunteer, or direct employee of a not-for-profit organization exempt from paying taxes under § 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ) as long as the text communication is made to request a charitable contribution to be used solely for the not-for-profit organization's exempt purpose; (iii) Who is an existing customer, including a residential subscriber with whom the person or entity making a text message solicitation has had a prior relationship within the prior twelve (12) months; or (iv) If the communication is made on behalf of a business and the following conditions are met: (a) A direct employee of the business makes the text communication; (b) The communication is not made as part of a telecommunications marketing plan; (c) The business has a reasonable belief that the specific person who is receiving the text communication is considering purchasing the service or product sold or leased by the business and the text communication is specifically directed to the person; (d) The business does not sell or engage in telemarketing services; and (e) The business does not make more than a total of three (3) such text communications in any one (1) calendar week. Amended by 2023 Tenn. Acts, ch. 126, s 1, eff. 7/1/2023. Acts 1999, ch. 478, § 1; 2001, ch. 422, § 1.
As used in this part, unless the context otherwise requires:
(1) "Caller identification service" means telephone service which notifies telephone subscribers of the telephone number of incoming telephone calls;
(2) "Commission" means the Tennessee public utility commission;
(3) "Local exchange company" includes telecommunications service providers as defined in § 65-4-101 , competing telecommunications service providers as such term is defined in § 65-4-101 , telephone cooperatives, and cellular or other wireless telecommunications providers;
(4) "Person" means a natural person, individual, partnership, corporation, trust, estate, incorporated or unincorporated association and any other legal or commercial entity however organized and wherever located that telemarkets to citizens located within this state;
(5) "Residential subscriber" means a person who has subscribed to residential telephone service from a local exchange company or the other persons living, residing or visiting with such person;
(6) (A) "Telephone solicitation" means any voice communication over a telephone originating from Tennessee or elsewhere that: (i) Promotes or encourages, directly or indirectly, the purchase of, rental of, or investment in property, goods, or services; (ii) Refers a residential subscriber to another person for the purpose of promoting or encouraging the purchase of, rental of, or investment in property, goods, or services; or (iii) Requests a charitable contribution except as provided for in subdivision (6)(B)(ii); (B) "Telephone solicitation" does not include voice communications to any residential subscriber: (i) With that subscriber's prior express permission; (ii) If the communication is made by a bona fide member, volunteer or direct employee of a not-for-profit organization exempt from paying taxes under § 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ), provided the voice communication is made to request a charitable contribution to be used solely for such not-for-profit organization's exempt purpose; (iii) Who is an existing customer. For the purposes of this part, an "existing customer" includes a residential subscriber with whom the person or entity making a telephone solicitation has had a prior relationship within the prior twelve (12) months; or (iv) If the communication is made on behalf of a business and all of the following conditions are met: (a) A direct employee of the business makes the voice communication; (b) The communication is not made as part of a telecommunications marketing plan; (c) The business has a reasonable belief that the specific person who is receiving the voice communication is considering purchasing the service or product sold or leased by the business and the call is specifically directed to such person; (d) The business does not sell or engage in telemarketing services; and (e) The business does not make more than a total of three (3) such voice communications in any one (1) calendar week; and
(A) "Telephone solicitation" means any voice communication over a telephone originating from Tennessee or elsewhere that: (i) Promotes or encourages, directly or indirectly, the purchase of, rental of, or investment in property, goods, or services; (ii) Refers a residential subscriber to another person for the purpose of promoting or encouraging the purchase of, rental of, or investment in property, goods, or services; or (iii) Requests a charitable contribution except as provided for in subdivision (6)(B)(ii);
(i) Promotes or encourages, directly or indirectly, the purchase of, rental of, or investment in property, goods, or services;
(ii) Refers a residential subscriber to another person for the purpose of promoting or encouraging the purchase of, rental of, or investment in property, goods, or services; or
(iii) Requests a charitable contribution except as provided for in subdivision (6)(B)(ii);
(B) "Telephone solicitation" does not include voice communications to any residential subscriber: (i) With that subscriber's prior express permission; (ii) If the communication is made by a bona fide member, volunteer or direct employee of a not-for-profit organization exempt from paying taxes under § 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ), provided the voice communication is made to request a charitable contribution to be used solely for such not-for-profit organization's exempt purpose; (iii) Who is an existing customer. For the purposes of this part, an "existing customer" includes a residential subscriber with whom the person or entity making a telephone solicitation has had a prior relationship within the prior twelve (12) months; or (iv) If the communication is made on behalf of a business and all of the following conditions are met: (a) A direct employee of the business makes the voice communication; (b) The communication is not made as part of a telecommunications marketing plan; (c) The business has a reasonable belief that the specific person who is receiving the voice communication is considering purchasing the service or product sold or leased by the business and the call is specifically directed to such person; (d) The business does not sell or engage in telemarketing services; and (e) The business does not make more than a total of three (3) such voice communications in any one (1) calendar week; and
(i) With that subscriber's prior express permission;
(ii) If the communication is made by a bona fide member, volunteer or direct employee of a not-for-profit organization exempt from paying taxes under § 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ), provided the voice communication is made to request a charitable contribution to be used solely for such not-for-profit organization's exempt purpose;
(iii) Who is an existing customer. For the purposes of this part, an "existing customer" includes a residential subscriber with whom the person or entity making a telephone solicitation has had a prior relationship within the prior twelve (12) months; or
(iv) If the communication is made on behalf of a business and all of the following conditions are met: (a) A direct employee of the business makes the voice communication; (b) The communication is not made as part of a telecommunications marketing plan; (c) The business has a reasonable belief that the specific person who is receiving the voice communication is considering purchasing the service or product sold or leased by the business and the call is specifically directed to such person; (d) The business does not sell or engage in telemarketing services; and (e) The business does not make more than a total of three (3) such voice communications in any one (1) calendar week; and
(a) A direct employee of the business makes the voice communication;
(b) The communication is not made as part of a telecommunications marketing plan;
(c) The business has a reasonable belief that the specific person who is receiving the voice communication is considering purchasing the service or product sold or leased by the business and the call is specifically directed to such person;
(d) The business does not sell or engage in telemarketing services; and
(e) The business does not make more than a total of three (3) such voice communications in any one (1) calendar week; and
(7) "Text message solicitation": (A) Means a text communication over a telephone originating from this state or elsewhere that: (i) Promotes or encourages, directly or indirectly, the purchase or rental of, or investment in, property, goods, or services; (ii) Refers a residential subscriber to another person for the purpose of promoting or encouraging the purchase of, rental of, or investment in, property, goods, or services; or (iii) Requests a charitable contribution, except as provided for in subdivision (7)(B)(ii); and (B) Does not include a text communication to a residential subscriber: (i) With the subscriber's prior express permission; (ii) If the communication is made by a bona fide member, volunteer, or direct employee of a not-for-profit organization exempt from paying taxes under § 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ) as long as the text communication is made to request a charitable contribution to be used solely for the not-for-profit organization's exempt purpose; (iii) Who is an existing customer, including a residential subscriber with whom the person or entity making a text message solicitation has had a prior relationship within the prior twelve (12) months; or (iv) If the communication is made on behalf of a business and the following conditions are met: (a) A direct employee of the business makes the text communication; (b) The communication is not made as part of a telecommunications marketing plan; (c) The business has a reasonable belief that the specific person who is receiving the text communication is considering purchasing the service or product sold or leased by the business and the text communication is specifically directed to the person; (d) The business does not sell or engage in telemarketing services; and (e) The business does not make more than a total of three (3) such text communications in any one (1) calendar week.
(A) Means a text communication over a telephone originating from this state or elsewhere that: (i) Promotes or encourages, directly or indirectly, the purchase or rental of, or investment in, property, goods, or services; (ii) Refers a residential subscriber to another person for the purpose of promoting or encouraging the purchase of, rental of, or investment in, property, goods, or services; or (iii) Requests a charitable contribution, except as provided for in subdivision (7)(B)(ii); and
(i) Promotes or encourages, directly or indirectly, the purchase or rental of, or investment in, property, goods, or services;
(ii) Refers a residential subscriber to another person for the purpose of promoting or encouraging the purchase of, rental of, or investment in, property, goods, or services; or
(iii) Requests a charitable contribution, except as provided for in subdivision (7)(B)(ii); and
(B) Does not include a text communication to a residential subscriber: (i) With the subscriber's prior express permission; (ii) If the communication is made by a bona fide member, volunteer, or direct employee of a not-for-profit organization exempt from paying taxes under § 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ) as long as the text communication is made to request a charitable contribution to be used solely for the not-for-profit organization's exempt purpose; (iii) Who is an existing customer, including a residential subscriber with whom the person or entity making a text message solicitation has had a prior relationship within the prior twelve (12) months; or (iv) If the communication is made on behalf of a business and the following conditions are met: (a) A direct employee of the business makes the text communication; (b) The communication is not made as part of a telecommunications marketing plan; (c) The business has a reasonable belief that the specific person who is receiving the text communication is considering purchasing the service or product sold or leased by the business and the text communication is specifically directed to the person; (d) The business does not sell or engage in telemarketing services; and (e) The business does not make more than a total of three (3) such text communications in any one (1) calendar week.
(i) With the subscriber's prior express permission;
(ii) If the communication is made by a bona fide member, volunteer, or direct employee of a not-for-profit organization exempt from paying taxes under § 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ) as long as the text communication is made to request a charitable contribution to be used solely for the not-for-profit organization's exempt purpose;
(iii) Who is an existing customer, including a residential subscriber with whom the person or entity making a text message solicitation has had a prior relationship within the prior twelve (12) months; or
(iv) If the communication is made on behalf of a business and the following conditions are met: (a) A direct employee of the business makes the text communication; (b) The communication is not made as part of a telecommunications marketing plan; (c) The business has a reasonable belief that the specific person who is receiving the text communication is considering purchasing the service or product sold or leased by the business and the text communication is specifically directed to the person; (d) The business does not sell or engage in telemarketing services; and (e) The business does not make more than a total of three (3) such text communications in any one (1) calendar week.
(a) A direct employee of the business makes the text communication;
(b) The communication is not made as part of a telecommunications marketing plan;
(c) The business has a reasonable belief that the specific person who is receiving the text communication is considering purchasing the service or product sold or leased by the business and the text communication is specifically directed to the person;
(d) The business does not sell or engage in telemarketing services; and
(e) The business does not make more than a total of three (3) such text communications in any one (1) calendar week.
Amended by 2023 Tenn. Acts, ch. 126, s 1, eff. 7/1/2023.
Acts 1999, ch. 478, § 1; 2001, ch. 422, § 1.
Tenn. Code Ann. § 65-5-105 — TN Code / Title 65 / Chapter 5 / Section 65-5-105
Intrastate rate reductions reflecting tax savings
Status: in_force

Any public utility, the maximum rates of which are fixed by the commission, shall reduce its intrastate rates to reflect any tax savings resulting from chapter 312 of the Public Acts of 1989. Such rate reduction shall be implemented contemporaneously with the effective date of the tax savings. Acts 1989, ch. 312, § 1; 1995, ch. 305, § 23; T.C.A. § 65-5-205.
Any public utility, the maximum rates of which are fixed by the commission, shall reduce its intrastate rates to reflect any tax savings resulting from chapter 312 of the Public Acts of 1989. Such rate reduction shall be implemented contemporaneously with the effective date of the tax savings.
Acts 1989, ch. 312, § 1; 1995, ch. 305, § 23; T.C.A. § 65-5-205.
Tenn. Code Ann. § 65-15-309 — TN Code / Title 65 / Chapter 15 / Section 65-15-309
Nondiscrimination policy - Accomodation of service animals - Wheelchair-accessible service
Status: in_force

(a) The transportation network company shall adopt a policy of nondiscrimination with respect to passengers and potential passengers and notify transportation network company drivers of the policy. (b) Drivers shall comply with all applicable laws regarding nondiscrimination against passengers or potential passengers. (c) Drivers shall comply with all applicable laws relating to accommodation of service animals. (d) A transportation network company shall not impose additional charges for providing a prearranged ride to persons with physical disabilities because of those disabilities. (e) A transportation network company shall provide riders an opportunity to indicate whether they require a wheelchair-accessible vehicle. If a transportation network company cannot arrange wheelchair-accessible service in any instance, it shall direct the rider to an alternate provider of wheelchair-accessible service, if available. Added by 2015 Tenn. Acts, ch. 520, s 4, eff. 5/20/2015.
(a) The transportation network company shall adopt a policy of nondiscrimination with respect to passengers and potential passengers and notify transportation network company drivers of the policy.
(b) Drivers shall comply with all applicable laws regarding nondiscrimination against passengers or potential passengers.
(c) Drivers shall comply with all applicable laws relating to accommodation of service animals.
(d) A transportation network company shall not impose additional charges for providing a prearranged ride to persons with physical disabilities because of those disabilities.
(e) A transportation network company shall provide riders an opportunity to indicate whether they require a wheelchair-accessible vehicle. If a transportation network company cannot arrange wheelchair-accessible service in any instance, it shall direct the rider to an alternate provider of wheelchair-accessible service, if available.
Added by 2015 Tenn. Acts, ch. 520, s 4, eff. 5/20/2015.
Tenn. Code Ann. § 65-26-102 — TN Code / Title 65 / Chapter 26 / Section 65-26-102
Sale of gas
Status: in_force

The corporation is authorized to charge a reasonable price for gas, not higher than the price allowed by existing charters to gas companies heretofore chartered in this state; provided, that the corporation shall never charge more than one cent (1¢) per every cubic foot of gas used, as may be indicated by the gas meter or computed by the ordinary rules in such cases; nor shall it at any time charge the authorities of the town, city, or village more per cubic foot than it is charging the inhabitants of such town, city or village at that time. Acts 1875, ch. 142, § 25; Shan., § 2209; mod. Code 1932, § 3961; T.C.A. (orig. ed.), § 65-2602.
The corporation is authorized to charge a reasonable price for gas, not higher than the price allowed by existing charters to gas companies heretofore chartered in this state; provided, that the corporation shall never charge more than one cent (1¢) per every cubic foot of gas used, as may be indicated by the gas meter or computed by the ordinary rules in such cases; nor shall it at any time charge the authorities of the town, city, or village more per cubic foot than it is charging the inhabitants of such town, city or village at that time.
Acts 1875, ch. 142, § 25; Shan., § 2209; mod. Code 1932, § 3961; T.C.A. (orig. ed.), § 65-2602.
Tenn. Code Ann. § 65-28-107 — TN Code / Title 65 / Chapter 28 / Section 65-28-107
Injunctions
Status: in_force

Upon petition of the commission, the chancery court, sitting in equity, in any county in which a violation of §§ 65-28-104 - 65-28-111 exists shall have jurisdiction to restrain such violation and to enforce compliance with the safety standards required by such sections. Acts 1970, ch. 558, § 5; T.C.A., § 65-2808; Acts 1995, ch. 305, § 36.
Upon petition of the commission, the chancery court, sitting in equity, in any county in which a violation of §§ 65-28-104 - 65-28-111 exists shall have jurisdiction to restrain such violation and to enforce compliance with the safety standards required by such sections.
Acts 1970, ch. 558, § 5; T.C.A., § 65-2808; Acts 1995, ch. 305, § 36.
Tenn. Code Ann. § 65-1-104 — TN Code / Title 65 / Chapter 1 / Section 65-1-104
Quorum - Chair and vice chair - Panels
Status: in_force

(a) A majority of the commissioners of the Tennessee public utility commission shall constitute a quorum for the transaction of business. The commission shall elect one (1) of its commissioners to be the chair of the commission for a two-year term and shall elect one (1) of its commissioners to be the vice chair of the commission for a two-year term. The vice chair shall assume the role of chair at the expiration of the chair's two-year term. (b) The chair and vice chair of the commission may be removed by a majority vote of the disinterested commissioners. (c) The chair shall have the primary responsibility of formulating the broad strategies, goals, objectives, long-range plans and policies of the commission, in conjunction with the commissioners. The chair shall also have the power and duty to conduct ordinary and necessary business in the name of the commission. Such duties include, but are not limited to, the following: (1) Giving notice of, and agendas for, all meetings of the commission to all commissioners in advance of the meeting; (2) Assigning matters to be heard by panels in accordance with this section; (3) Preparing and calling the docket items to be heard during each scheduled meeting of the commission; (4) Keeping the official, full and correct record of all proceedings and transactions of the commission; (5) Serving as the designated contact for all media inquiries to the commission; (6) Ensuring that orders by the commission are issued in a timely manner and in accordance with the rules and procedures established by the executive director; (7) Conducting a yearly performance evaluation of the executive director, which shall be submitted to the governor; (8) Delegating duties of the chair to the vice chair; and (9) Performing such other duties as the commission may assign or as may be required by statute, rule or regulation. (d) The chair shall assign each matter before the commission to a panel of five (5) voting members from among the commissioners. The remaining two (2) voting members of the commission, who are not assigned to a particular panel, shall not vote or deliberate regarding such matters. The commission shall establish reasonable procedures for rotating the commissioners for assignments to panels in an efficient manner. Such procedures shall ensure that all voting members of the commission serve on a substantially equal number of panels in a random fashion, to the extent practicable. Amended by 2021 Tenn. Acts, ch. 583, s 2, eff. 5/27/2021. Acts 1995, ch. 305, § 5; 2002, ch. 826, § 4; T.C.A. § 65-1-204; Acts 2012, ch. 1070, §§ 3 - 6.
(a) A majority of the commissioners of the Tennessee public utility commission shall constitute a quorum for the transaction of business. The commission shall elect one (1) of its commissioners to be the chair of the commission for a two-year term and shall elect one (1) of its commissioners to be the vice chair of the commission for a two-year term. The vice chair shall assume the role of chair at the expiration of the chair's two-year term.
(b) The chair and vice chair of the commission may be removed by a majority vote of the disinterested commissioners.
(c) The chair shall have the primary responsibility of formulating the broad strategies, goals, objectives, long-range plans and policies of the commission, in conjunction with the commissioners. The chair shall also have the power and duty to conduct ordinary and necessary business in the name of the commission. Such duties include, but are not limited to, the following: (1) Giving notice of, and agendas for, all meetings of the commission to all commissioners in advance of the meeting; (2) Assigning matters to be heard by panels in accordance with this section; (3) Preparing and calling the docket items to be heard during each scheduled meeting of the commission; (4) Keeping the official, full and correct record of all proceedings and transactions of the commission; (5) Serving as the designated contact for all media inquiries to the commission; (6) Ensuring that orders by the commission are issued in a timely manner and in accordance with the rules and procedures established by the executive director; (7) Conducting a yearly performance evaluation of the executive director, which shall be submitted to the governor; (8) Delegating duties of the chair to the vice chair; and (9) Performing such other duties as the commission may assign or as may be required by statute, rule or regulation.
(1) Giving notice of, and agendas for, all meetings of the commission to all commissioners in advance of the meeting;
(2) Assigning matters to be heard by panels in accordance with this section;
(3) Preparing and calling the docket items to be heard during each scheduled meeting of the commission;
(4) Keeping the official, full and correct record of all proceedings and transactions of the commission;
(5) Serving as the designated contact for all media inquiries to the commission;
(6) Ensuring that orders by the commission are issued in a timely manner and in accordance with the rules and procedures established by the executive director;
(7) Conducting a yearly performance evaluation of the executive director, which shall be submitted to the governor;
(8) Delegating duties of the chair to the vice chair; and
(9) Performing such other duties as the commission may assign or as may be required by statute, rule or regulation.
(d) The chair shall assign each matter before the commission to a panel of five (5) voting members from among the commissioners. The remaining two (2) voting members of the commission, who are not assigned to a particular panel, shall not vote or deliberate regarding such matters. The commission shall establish reasonable procedures for rotating the commissioners for assignments to panels in an efficient manner. Such procedures shall ensure that all voting members of the commission serve on a substantially equal number of panels in a random fashion, to the extent practicable.
Amended by 2021 Tenn. Acts, ch. 583, s 2, eff. 5/27/2021.
Acts 1995, ch. 305, § 5; 2002, ch. 826, § 4; T.C.A. § 65-1-204; Acts 2012, ch. 1070, §§ 3 - 6.
Tenn. Code Ann. § 65-33-102 — TN Code / Title 65 / Chapter 33 / Section 65-33-102
Participation optional
Status: in_force

Participation in any payment-averaging program shall be optional, but shall be offered to each residential customer of a utility who has been a customer for at least twelve (12) months unless otherwise mutually agreed by the company and the customer. Acts 1978, ch. 615, § 2; T.C.A., § 65-3502.
Participation in any payment-averaging program shall be optional, but shall be offered to each residential customer of a utility who has been a customer for at least twelve (12) months unless otherwise mutually agreed by the company and the customer.
Acts 1978, ch. 615, § 2; T.C.A., § 65-3502.
Tenn. Code Ann. § 65-2-105 — TN Code / Title 65 / Chapter 2 / Section 65-2-105
Declaratory judgment on validity of rules
Status: in_force

The validity of any rule of the commission may be determined upon petition for a declaratory judgment thereon addressed to the chancery court of Davidson County, when it appears that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the petitioner. The commission shall be made a party to all such proceedings. Such declaratory judgment may be rendered whether or not the petitioner has first requested the commission to pass upon the validity of the rule in question. In passing on such rules, the court shall declare the rule invalid only if it finds that it violates constitutional provisions or exceeds the statutory authority of the commission or was adopted without compliance with the rulemaking procedures provided for in this chapter. Acts 1953, ch. 162, § 4 (Williams, § 5501.27); T.C.A. (orig. ed.), § 65-205; Acts 1995, ch. 305, § 9.
The validity of any rule of the commission may be determined upon petition for a declaratory judgment thereon addressed to the chancery court of Davidson County, when it appears that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the petitioner. The commission shall be made a party to all such proceedings. Such declaratory judgment may be rendered whether or not the petitioner has first requested the commission to pass upon the validity of the rule in question. In passing on such rules, the court shall declare the rule invalid only if it finds that it violates constitutional provisions or exceeds the statutory authority of the commission or was adopted without compliance with the rulemaking procedures provided for in this chapter.
Acts 1953, ch. 162, § 4 (Williams, § 5501.27); T.C.A. (orig. ed.), § 65-205; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-9-101 — TN Code / Title 65 / Chapter 9 / Section 65-9-101
Power to consolidate
Status: in_force

Every railroad corporation existing in this state, and having authority to operate and maintain a railroad in this state, has the power to consolidate with any other railroad corporation whose road connects with or intersects the road of such existing corporation, or any branch of such road. Acts 1871, ch. 69, § 1; 1875, ch. 51, § 1; 1877, ch. 72, § 2; Shan., § 1522; Code 1932, § 2597; T.C.A. (orig. ed.), § 65-901.
Every railroad corporation existing in this state, and having authority to operate and maintain a railroad in this state, has the power to consolidate with any other railroad corporation whose road connects with or intersects the road of such existing corporation, or any branch of such road.
Acts 1871, ch. 69, § 1; 1875, ch. 51, § 1; 1877, ch. 72, § 2; Shan., § 1522; Code 1932, § 2597; T.C.A. (orig. ed.), § 65-901.
Tenn. Code Ann. § 65-5-101 — TN Code / Title 65 / Chapter 5 / Section 65-5-101
Power to fix rates of public utilities
Status: in_force

(a) The Tennessee public utility commission has the power after hearing upon notice, by order in writing, to fix just and reasonable individual rates, joint rates, tolls, fares, charges or schedules thereof, as well as commutation, mileage, and other special rates which shall be imposed, observed, and followed thereafter by any public utility as defined in § 65-4-101 , whenever the commission shall determine any existing individual rate, joint rate, toll, fare, charge, or schedule thereof or commutation, mileage, or other special rates to be unjust, unreasonable, excessive, insufficient, or unjustly discriminatory or preferential, howsoever the same may have heretofore been fixed or established. In fixing such rates, joint rates, tolls, fares, charges or schedules, or commutation, mileage or other special rates, the commission shall take into account the safety, adequacy and efficiency or lack thereof of the service or services furnished by the public utility. (b) Notwithstanding any other state law, special rates and terms negotiated between public utilities that are telecommunications providers and business customers shall not constitute price discrimination. Such rates and terms shall be presumed valid. The presumption of validity of such special rates and terms shall not be set aside except by complaint or by action of the Tennessee public utility commission commissioners, which Tennessee public utility commission action or complaint is supported by substantial evidence showing that such rates and terms violate applicable legal requirements other than the prohibition against price discrimination. Records of such special rates and terms shall be retained by the telecommunications provider for the length of time that such rates and terms apply, but shall not be filed with the commission. Such rates shall be effective upon execution by the parties. (c) Notwithstanding any other law, the tariffs of incumbent local exchange telephone companies establishing rates or terms, or both, for telecommunications services shall be filed with the commission and shall be effective twenty-one (21) days after filing, subject to the following requirements: (1) Tariffs establishing rates or terms that are valid only for one hundred eighty (180) days or less shall be effective one (1) business day after filing; (2) Tariffs may be revoked by the commission after notice and a hearing; (3) (A) Tariffs may be suspended pending such hearing on a showing by a complaining party that: (i) The complaining party has filed a complaint before the commission alleging with particularity that the tariff violates a specific law; (ii) The complaining party would be injured as a result of the tariff and has specifically alleged how it would be so injured; and (iii) The complaining party has a substantial likelihood of prevailing on the merits of its complaint; (B) The commission may suspend a tariff pending a hearing, on its own motion, upon finding such suspension to be in the public interest. The standard established herein for suspension of tariffs shall apply at all times including the twenty-one-day or one-day period between filing and effectiveness; (C) The standard established herein for suspension of tariffs shall not be applicable in any way to the determination by the commission of whether to convene a contested case to consider revocation of a tariff. The commission may choose to convene a contested case, or decline to convene a contested case, in its own discretion, to promote the public interest. The standard established in this subdivision (c)(3) for suspension of tariffs shall not be applicable in any way to any decision by the commission regarding revocation of a tariff; (4) Nothing in this subsection (c) shall alter the existing power of the commission to review those rate increases that are governed by price regulation or rate of return; and (5) Notwithstanding this subsection (c), the commission may, in its discretion, shorten the twenty-one-day period between filing and effectiveness for good cause shown. (d) In fixing rates, joint rates, tolls, fares, charges, or schedules for service, no privately owned public utility that supplies water to municipal governments is allowed to charge rates, joint rates, tolls, fares, charges, or schedules of any kind whatsoever in connection with fire hydrant service to a municipal government providing fire protection services within the service area. The utility, however, may recover its costs of providing fire hydrant service by charging rates, joint rates, tolls, fares, charges or schedules to its non-municipal government customers within the service area as approved by the Tennessee public utility commission. New rates shall take effect as prescribed by the Tennessee public utility commission in a rate proceeding. Such rate proceeding shall be initiated by the utility or the Tennessee public utility commission itself. Such rate proceeding shall be commenced within one hundred twenty (120) days after May 18, 2004. The utility shall continue to collect its current authorized rates from a municipality until new rates are placed into effect by the Tennessee public utility commission. The municipal government will reimburse the state for any consequent increase in expenditures to the state, up to fifty thousand dollars ($50,000), which results directly from this subsection (d). Amended by 2017 Tenn. Acts, ch. 94, s 52, eff. 4/4/2017. Acts 1919, ch. 49, § 4; Shan. Supp., § 3059a87; Code 1932, § 5450; Acts 1974, ch. 470, § 1; T.C.A. (orig. ed.), § 65-518; Acts 1995, ch. 305, § 23; 2003 , ch. 41, § 1; T.C.A. § 65-5-201 ; Acts 2004, ch. 545, § 1; 2004, ch. 716, § 1; 2005, ch. 173, § 1.
(a) The Tennessee public utility commission has the power after hearing upon notice, by order in writing, to fix just and reasonable individual rates, joint rates, tolls, fares, charges or schedules thereof, as well as commutation, mileage, and other special rates which shall be imposed, observed, and followed thereafter by any public utility as defined in § 65-4-101 , whenever the commission shall determine any existing individual rate, joint rate, toll, fare, charge, or schedule thereof or commutation, mileage, or other special rates to be unjust, unreasonable, excessive, insufficient, or unjustly discriminatory or preferential, howsoever the same may have heretofore been fixed or established. In fixing such rates, joint rates, tolls, fares, charges or schedules, or commutation, mileage or other special rates, the commission shall take into account the safety, adequacy and efficiency or lack thereof of the service or services furnished by the public utility.
(b) Notwithstanding any other state law, special rates and terms negotiated between public utilities that are telecommunications providers and business customers shall not constitute price discrimination. Such rates and terms shall be presumed valid. The presumption of validity of such special rates and terms shall not be set aside except by complaint or by action of the Tennessee public utility commission commissioners, which Tennessee public utility commission action or complaint is supported by substantial evidence showing that such rates and terms violate applicable legal requirements other than the prohibition against price discrimination. Records of such special rates and terms shall be retained by the telecommunications provider for the length of time that such rates and terms apply, but shall not be filed with the commission. Such rates shall be effective upon execution by the parties.
(c) Notwithstanding any other law, the tariffs of incumbent local exchange telephone companies establishing rates or terms, or both, for telecommunications services shall be filed with the commission and shall be effective twenty-one (21) days after filing, subject to the following requirements: (1) Tariffs establishing rates or terms that are valid only for one hundred eighty (180) days or less shall be effective one (1) business day after filing; (2) Tariffs may be revoked by the commission after notice and a hearing; (3) (A) Tariffs may be suspended pending such hearing on a showing by a complaining party that: (i) The complaining party has filed a complaint before the commission alleging with particularity that the tariff violates a specific law; (ii) The complaining party would be injured as a result of the tariff and has specifically alleged how it would be so injured; and (iii) The complaining party has a substantial likelihood of prevailing on the merits of its complaint; (B) The commission may suspend a tariff pending a hearing, on its own motion, upon finding such suspension to be in the public interest. The standard established herein for suspension of tariffs shall apply at all times including the twenty-one-day or one-day period between filing and effectiveness; (C) The standard established herein for suspension of tariffs shall not be applicable in any way to the determination by the commission of whether to convene a contested case to consider revocation of a tariff. The commission may choose to convene a contested case, or decline to convene a contested case, in its own discretion, to promote the public interest. The standard established in this subdivision (c)(3) for suspension of tariffs shall not be applicable in any way to any decision by the commission regarding revocation of a tariff; (4) Nothing in this subsection (c) shall alter the existing power of the commission to review those rate increases that are governed by price regulation or rate of return; and (5) Notwithstanding this subsection (c), the commission may, in its discretion, shorten the twenty-one-day period between filing and effectiveness for good cause shown.
(1) Tariffs establishing rates or terms that are valid only for one hundred eighty (180) days or less shall be effective one (1) business day after filing;
(2) Tariffs may be revoked by the commission after notice and a hearing;
(3) (A) Tariffs may be suspended pending such hearing on a showing by a complaining party that: (i) The complaining party has filed a complaint before the commission alleging with particularity that the tariff violates a specific law; (ii) The complaining party would be injured as a result of the tariff and has specifically alleged how it would be so injured; and (iii) The complaining party has a substantial likelihood of prevailing on the merits of its complaint; (B) The commission may suspend a tariff pending a hearing, on its own motion, upon finding such suspension to be in the public interest. The standard established herein for suspension of tariffs shall apply at all times including the twenty-one-day or one-day period between filing and effectiveness; (C) The standard established herein for suspension of tariffs shall not be applicable in any way to the determination by the commission of whether to convene a contested case to consider revocation of a tariff. The commission may choose to convene a contested case, or decline to convene a contested case, in its own discretion, to promote the public interest. The standard established in this subdivision (c)(3) for suspension of tariffs shall not be applicable in any way to any decision by the commission regarding revocation of a tariff;
(A) Tariffs may be suspended pending such hearing on a showing by a complaining party that: (i) The complaining party has filed a complaint before the commission alleging with particularity that the tariff violates a specific law; (ii) The complaining party would be injured as a result of the tariff and has specifically alleged how it would be so injured; and (iii) The complaining party has a substantial likelihood of prevailing on the merits of its complaint;
(i) The complaining party has filed a complaint before the commission alleging with particularity that the tariff violates a specific law;
(ii) The complaining party would be injured as a result of the tariff and has specifically alleged how it would be so injured; and
(iii) The complaining party has a substantial likelihood of prevailing on the merits of its complaint;
(B) The commission may suspend a tariff pending a hearing, on its own motion, upon finding such suspension to be in the public interest. The standard established herein for suspension of tariffs shall apply at all times including the twenty-one-day or one-day period between filing and effectiveness;
(C) The standard established herein for suspension of tariffs shall not be applicable in any way to the determination by the commission of whether to convene a contested case to consider revocation of a tariff. The commission may choose to convene a contested case, or decline to convene a contested case, in its own discretion, to promote the public interest. The standard established in this subdivision (c)(3) for suspension of tariffs shall not be applicable in any way to any decision by the commission regarding revocation of a tariff;
(4) Nothing in this subsection (c) shall alter the existing power of the commission to review those rate increases that are governed by price regulation or rate of return; and
(5) Notwithstanding this subsection (c), the commission may, in its discretion, shorten the twenty-one-day period between filing and effectiveness for good cause shown.
(d) In fixing rates, joint rates, tolls, fares, charges, or schedules for service, no privately owned public utility that supplies water to municipal governments is allowed to charge rates, joint rates, tolls, fares, charges, or schedules of any kind whatsoever in connection with fire hydrant service to a municipal government providing fire protection services within the service area. The utility, however, may recover its costs of providing fire hydrant service by charging rates, joint rates, tolls, fares, charges or schedules to its non-municipal government customers within the service area as approved by the Tennessee public utility commission. New rates shall take effect as prescribed by the Tennessee public utility commission in a rate proceeding. Such rate proceeding shall be initiated by the utility or the Tennessee public utility commission itself. Such rate proceeding shall be commenced within one hundred twenty (120) days after May 18, 2004. The utility shall continue to collect its current authorized rates from a municipality until new rates are placed into effect by the Tennessee public utility commission. The municipal government will reimburse the state for any consequent increase in expenditures to the state, up to fifty thousand dollars ($50,000), which results directly from this subsection (d).
Amended by 2017 Tenn. Acts, ch. 94, s 52, eff. 4/4/2017.
Acts 1919, ch. 49, § 4; Shan. Supp., § 3059a87; Code 1932, § 5450; Acts 1974, ch. 470, § 1; T.C.A. (orig. ed.), § 65-518; Acts 1995, ch. 305, § 23; 2003 , ch. 41, § 1; T.C.A. § 65-5-201 ; Acts 2004, ch. 545, § 1; 2004, ch. 716, § 1; 2005, ch. 173, § 1.
Tenn. Code Ann. § 65-30-109 — TN Code / Title 65 / Chapter 30 / Section 65-30-109
Abandonment
Status: in_force

No radio common carrier shall abandon all or any part of its system or other property necessary or useful in the performance of its duties to the public, or discontinue or temporarily suspend all or any part of the service which it is rendering to the public by the use of same, without first obtaining the approval of the commission. In granting such approval, the commission may impose such terms, conditions or requirements as in its judgment are necessary to protect the public interest. Acts 1972, ch. 641, § 11; T.C.A., § 65-3011; Acts 1995, ch. 305, § 40.
No radio common carrier shall abandon all or any part of its system or other property necessary or useful in the performance of its duties to the public, or discontinue or temporarily suspend all or any part of the service which it is rendering to the public by the use of same, without first obtaining the approval of the commission. In granting such approval, the commission may impose such terms, conditions or requirements as in its judgment are necessary to protect the public interest.
Acts 1972, ch. 641, § 11; T.C.A., § 65-3011; Acts 1995, ch. 305, § 40.
Tenn. Code Ann. § 65-31-112 — TN Code / Title 65 / Chapter 31 / Section 65-31-112
Civil penalties and remedies - Liability - Indemnification - Offense of Vandalism
Status: in_force

(a) A person who violates this chapter, or the rules promulgated under this chapter, is subject to a civil penalty as follows: (1) The violator shall pay a civil penalty in an amount set by the executive committee, not to exceed ten thousand dollars ($10,000) per incident. In addition to a civil penalty, the executive committee may require the violator to complete a course of training concerning compliance with this chapter as determined by the executive committee; (2) Notwithstanding subdivisions (e)(1) and (2), if a violation was the result of gross negligence or willful or wanton misconduct as determined by the executive committee, then the executive committee must require the violator to complete a course of training concerning compliance with this chapter as determined by the executive committee and pay a civil penalty in an amount set by the executive committee, not to exceed fifteen thousand dollars ($15,000) per incident; (3) Operators who fail to join the one-call service and utilize the services of the notification center as required by § 65-31-107 are subject to the civil penalties for violations of this chapter; and (4) Upon issuance of a civil penalty, board investigators may make offers of settlement to the respondent that may include training concerning compliance with this chapter in lieu of payment of civil penalties. (b) (1) For the purposes of this chapter, monetary civil penalties shall not be levied against any department of this state. In the event that a state department is found by the executive committee to be noncompliant, the executive committee may submit a notice of noncompliance to the department head along with a request for an action plan for future compliance. (2) For the purposes of this chapter, monetary civil penalties shall not be levied against a county, city, town, utility district, or other political subdivision of this state unless the executive committee finds that the county, city, town, utility district, or other political subdivision of this state has engaged in a pattern of willful noncompliance with the requirements of this chapter. (c) Except as provided in subsection (e), this section shall not limit any person's right to pursue any additional civil remedy otherwise allowed by law. (d) Any person who is required to complete a course of training under subsection (a) shall be responsible for paying for the cost of the training. (e) (1) Any excavator who violates this chapter may be issued a notice of violation by the inspector, and the inspector may require any excavator to cease work on any excavation, or not start a proposed excavation, until the excavator complies with this chapter. (2) An excavator who complies with this chapter shall not be liable for damage that the excavator causes to an operator's underground facility, if: (A) The operator received the notification required by § 65-31-106 ; (B) The operator fails to locate its underground facilities as required by § 65-31-108 ; and (C) The damage is a proximate result of the operator's failure to locate its underground facilities as required by § 65-31-108 . (3) (A) Any person who violates § 65-31-106 and whose subsequent excavation or blasting damages utility facilities or sewer laterals shall also indemnify the affected facility owner or operator and the one-call service against all claims or costs incurred, if any, for personal injury, property damage, or service interruptions resulting from damaging the utility facilities or sewer laterals. (B) The requirements of subdivision (e)(3)(A) shall not apply to any state agency, county, city, town, utility district, or other political subdivision of this state. (f) Any person who knowingly and willfully removes or otherwise destroys the stakes or other physical markings used to mark the horizontal route of an underground facility commits the offense of vandalism under § 39-14-408 , and shall be subject to the punishment for vandalism under § 39-14-105 . Amended by 2024 Tenn. Acts, ch. 628,s 7, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 307, s 7, eff. 7/1/2021. Amended by 2015 Tenn. Acts, ch. 488, s 6, eff. 5/20/2015. Acts 1978, ch. 692, § 12; T.C.A., § 65-3212; Acts 1985, ch. 69, § 1; 1999, ch. 73, § 6; 2006, ch. 686, § 11.
(a) A person who violates this chapter, or the rules promulgated under this chapter, is subject to a civil penalty as follows: (1) The violator shall pay a civil penalty in an amount set by the executive committee, not to exceed ten thousand dollars ($10,000) per incident. In addition to a civil penalty, the executive committee may require the violator to complete a course of training concerning compliance with this chapter as determined by the executive committee; (2) Notwithstanding subdivisions (e)(1) and (2), if a violation was the result of gross negligence or willful or wanton misconduct as determined by the executive committee, then the executive committee must require the violator to complete a course of training concerning compliance with this chapter as determined by the executive committee and pay a civil penalty in an amount set by the executive committee, not to exceed fifteen thousand dollars ($15,000) per incident; (3) Operators who fail to join the one-call service and utilize the services of the notification center as required by § 65-31-107 are subject to the civil penalties for violations of this chapter; and (4) Upon issuance of a civil penalty, board investigators may make offers of settlement to the respondent that may include training concerning compliance with this chapter in lieu of payment of civil penalties.
(1) The violator shall pay a civil penalty in an amount set by the executive committee, not to exceed ten thousand dollars ($10,000) per incident. In addition to a civil penalty, the executive committee may require the violator to complete a course of training concerning compliance with this chapter as determined by the executive committee;
(2) Notwithstanding subdivisions (e)(1) and (2), if a violation was the result of gross negligence or willful or wanton misconduct as determined by the executive committee, then the executive committee must require the violator to complete a course of training concerning compliance with this chapter as determined by the executive committee and pay a civil penalty in an amount set by the executive committee, not to exceed fifteen thousand dollars ($15,000) per incident;
(3) Operators who fail to join the one-call service and utilize the services of the notification center as required by § 65-31-107 are subject to the civil penalties for violations of this chapter; and
(4) Upon issuance of a civil penalty, board investigators may make offers of settlement to the respondent that may include training concerning compliance with this chapter in lieu of payment of civil penalties.
(b) (1) For the purposes of this chapter, monetary civil penalties shall not be levied against any department of this state. In the event that a state department is found by the executive committee to be noncompliant, the executive committee may submit a notice of noncompliance to the department head along with a request for an action plan for future compliance. (2) For the purposes of this chapter, monetary civil penalties shall not be levied against a county, city, town, utility district, or other political subdivision of this state unless the executive committee finds that the county, city, town, utility district, or other political subdivision of this state has engaged in a pattern of willful noncompliance with the requirements of this chapter.
(1) For the purposes of this chapter, monetary civil penalties shall not be levied against any department of this state. In the event that a state department is found by the executive committee to be noncompliant, the executive committee may submit a notice of noncompliance to the department head along with a request for an action plan for future compliance.
(2) For the purposes of this chapter, monetary civil penalties shall not be levied against a county, city, town, utility district, or other political subdivision of this state unless the executive committee finds that the county, city, town, utility district, or other political subdivision of this state has engaged in a pattern of willful noncompliance with the requirements of this chapter.
(c) Except as provided in subsection (e), this section shall not limit any person's right to pursue any additional civil remedy otherwise allowed by law.
(d) Any person who is required to complete a course of training under subsection (a) shall be responsible for paying for the cost of the training.
(e) (1) Any excavator who violates this chapter may be issued a notice of violation by the inspector, and the inspector may require any excavator to cease work on any excavation, or not start a proposed excavation, until the excavator complies with this chapter. (2) An excavator who complies with this chapter shall not be liable for damage that the excavator causes to an operator's underground facility, if: (A) The operator received the notification required by § 65-31-106 ; (B) The operator fails to locate its underground facilities as required by § 65-31-108 ; and (C) The damage is a proximate result of the operator's failure to locate its underground facilities as required by § 65-31-108 . (3) (A) Any person who violates § 65-31-106 and whose subsequent excavation or blasting damages utility facilities or sewer laterals shall also indemnify the affected facility owner or operator and the one-call service against all claims or costs incurred, if any, for personal injury, property damage, or service interruptions resulting from damaging the utility facilities or sewer laterals. (B) The requirements of subdivision (e)(3)(A) shall not apply to any state agency, county, city, town, utility district, or other political subdivision of this state.
(1) Any excavator who violates this chapter may be issued a notice of violation by the inspector, and the inspector may require any excavator to cease work on any excavation, or not start a proposed excavation, until the excavator complies with this chapter.
(2) An excavator who complies with this chapter shall not be liable for damage that the excavator causes to an operator's underground facility, if: (A) The operator received the notification required by § 65-31-106 ; (B) The operator fails to locate its underground facilities as required by § 65-31-108 ; and (C) The damage is a proximate result of the operator's failure to locate its underground facilities as required by § 65-31-108 .
(A) The operator received the notification required by § 65-31-106 ;
(B) The operator fails to locate its underground facilities as required by § 65-31-108 ; and
(C) The damage is a proximate result of the operator's failure to locate its underground facilities as required by § 65-31-108 .
(3) (A) Any person who violates § 65-31-106 and whose subsequent excavation or blasting damages utility facilities or sewer laterals shall also indemnify the affected facility owner or operator and the one-call service against all claims or costs incurred, if any, for personal injury, property damage, or service interruptions resulting from damaging the utility facilities or sewer laterals. (B) The requirements of subdivision (e)(3)(A) shall not apply to any state agency, county, city, town, utility district, or other political subdivision of this state.
(A) Any person who violates § 65-31-106 and whose subsequent excavation or blasting damages utility facilities or sewer laterals shall also indemnify the affected facility owner or operator and the one-call service against all claims or costs incurred, if any, for personal injury, property damage, or service interruptions resulting from damaging the utility facilities or sewer laterals.
(B) The requirements of subdivision (e)(3)(A) shall not apply to any state agency, county, city, town, utility district, or other political subdivision of this state.
(f) Any person who knowingly and willfully removes or otherwise destroys the stakes or other physical markings used to mark the horizontal route of an underground facility commits the offense of vandalism under § 39-14-408 , and shall be subject to the punishment for vandalism under § 39-14-105 .
Amended by 2024 Tenn. Acts, ch. 628,s 7, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 307, s 7, eff. 7/1/2021.
Amended by 2015 Tenn. Acts, ch. 488, s 6, eff. 5/20/2015.
Acts 1978, ch. 692, § 12; T.C.A., § 65-3212; Acts 1985, ch. 69, § 1; 1999, ch. 73, § 6; 2006, ch. 686, § 11.
Tenn. Code Ann. § 65-11-103 — TN Code / Title 65 / Chapter 11 / Section 65-11-103
Construction, maintenance and repair
Status: in_force

Every corporation or person operating a line of railroad within the state is required to maintain or construct to a plane with the rails of the railroad and to keep in repair every public road crossing of such railroad for a distance of ten feet (10') on each side of such railroad track and between the rails thereof. Where superelevated track or tracks or other physical conditions make strict compliance with this section impractical, the plane shall be constructed so as to provide the best vertical alignment under the circumstances with due regard to surface regularity. Nothing in this section is intended to change judicial interpretations of predecessor sections with respect to a railroad's obligation to keep in repair necessary crossing approaches beyond ten feet (10') on each side of such railroad tracks. Acts 1899, ch. 356, § 1; Shan., § 1594a1; mod. Code 1932, §2660; Acts 1975, ch. 103, § 2; T.C.A. (orig. ed.), § 65-1103; Acts 1992, ch. 1005, § 1.
Every corporation or person operating a line of railroad within the state is required to maintain or construct to a plane with the rails of the railroad and to keep in repair every public road crossing of such railroad for a distance of ten feet (10') on each side of such railroad track and between the rails thereof. Where superelevated track or tracks or other physical conditions make strict compliance with this section impractical, the plane shall be constructed so as to provide the best vertical alignment under the circumstances with due regard to surface regularity. Nothing in this section is intended to change judicial interpretations of predecessor sections with respect to a railroad's obligation to keep in repair necessary crossing approaches beyond ten feet (10') on each side of such railroad tracks.
Acts 1899, ch. 356, § 1; Shan., § 1594a1; mod. Code 1932, §2660; Acts 1975, ch. 103, § 2; T.C.A. (orig. ed.), § 65-1103; Acts 1992, ch. 1005, § 1.
Tenn. Code Ann. § 65-9-108 — TN Code / Title 65 / Chapter 9 / Section 65-9-108
Privileges and exemption from taxation not transferred
Status: repealed

No franchise, right, power, immunity, or exemption not granted at the time of consolidation by the laws of this state to the railway companies which may form part of such consolidated company shall be given to, transferred to, or conferred upon any such consolidated company, or company or person operating such consolidation of railroads as provided for in this chapter or in any other law of this state; and no exemption from taxation of railroad property and franchises, and capital stock therein, contained in railway charters or other railway laws of this state, shall be transferred to, or conferred upon, such consolidated company, or the property and franchises and capital stock therein, of such consolidation of railroads, or of the property appertaining to and used in the operation of such railroads. Acts 1877, ch. 72, § 3; Shan., § 1529; Code 1932, § 2604; T.C.A. (orig. ed.), § 65-908.
No franchise, right, power, immunity, or exemption not granted at the time of consolidation by the laws of this state to the railway companies which may form part of such consolidated company shall be given to, transferred to, or conferred upon any such consolidated company, or company or person operating such consolidation of railroads as provided for in this chapter or in any other law of this state; and no exemption from taxation of railroad property and franchises, and capital stock therein, contained in railway charters or other railway laws of this state, shall be transferred to, or conferred upon, such consolidated company, or the property and franchises and capital stock therein, of such consolidation of railroads, or of the property appertaining to and used in the operation of such railroads.
Acts 1877, ch. 72, § 3; Shan., § 1529; Code 1932, § 2604; T.C.A. (orig. ed.), § 65-908.
Tenn. Code Ann. § 65-21-103 — TN Code / Title 65 / Chapter 21 / Section 65-21-103
Local regulation
Status: in_force

Any village or city within which such line may be constructed shall have all reasonable police powers to regulate the construction, maintenance, or operation of the line within its limits, including the right to exact rentals for the use of its streets and to limit the rates to be charged; provided, that such rentals and limitations as to rates are reasonable and imposed upon all telephone and telegraph companies without discrimination. No village, town, or city shall have the right to prevent the company from constructing, maintaining, and operating the line within the village, town, or city, so long as the line is being constructed, maintained, or operated within the village, town, or city, in accordance with the reasonable police regulations. Acts 1907, ch. 134, § 1; Shan., § 2444a1; Code 1932, § 4056; T.C.A. (orig. ed.), § 65-2103.
Any village or city within which such line may be constructed shall have all reasonable police powers to regulate the construction, maintenance, or operation of the line within its limits, including the right to exact rentals for the use of its streets and to limit the rates to be charged; provided, that such rentals and limitations as to rates are reasonable and imposed upon all telephone and telegraph companies without discrimination. No village, town, or city shall have the right to prevent the company from constructing, maintaining, and operating the line within the village, town, or city, so long as the line is being constructed, maintained, or operated within the village, town, or city, in accordance with the reasonable police regulations.
Acts 1907, ch. 134, § 1; Shan., § 2444a1; Code 1932, § 4056; T.C.A. (orig. ed.), § 65-2103.
Tenn. Code Ann. § 65-37-103 — TN Code / Title 65 / Chapter 37 / Section 65-37-103
Retail offering of combinations or bundles of products or services
Status: in_force

(a) (1) The Tennessee public utility commission shall retain regulatory jurisdiction established in this title for specific, individual telecommunications services. Except as provided in this section, the commission shall not assert regulatory jurisdiction over the retail offering of combinations or bundles of products or services, whether or not such combinations or bundles of products or services are subject to a tariff or other regulatory filing with the commission as of May 28, 2005, and whether or not comprised of products or services provided by a local exchange carrier alone or with another company. Nothing in this section shall require any company to engage in joint marketing with another company when it does not choose to do so. (2) In order to transition to the changes in regulatory jurisdiction established by this part, telecommunications carriers shall provide customers with the following notice, as part of the terms and conditions for bundles or combinations: "This offer contains telecommunications services that are also available separately. Should you desire to purchase only the telecommunications services included in this offer, without additional products or services, you may purchase those telecommunications services individually at prices posted on [company website] or filed with the Tennessee public utility commission." (3) The commission shall issue a statewide public service announcement, no less than once per year, to inform Tennesseans that telecommunications services they purchase may be available at different prices, depending upon whether they are bought individually or bought bundled, and to inform Tennesseans that functionally equivalent services may be available from providers who do not offer service using wire line technology. Scripts for these announcements shall be posted for comments from industry and consumers or their representatives before being used and shall not favor any one provider or technology over others. (b) Unless otherwise agreed by the end-user, the terms and conditions established by tariffs or other filings at the commission for combinations or bundles of products or services shall remain effective as to end-users who have selected such combinations or bundles prior to May 28, 2005, for the duration of a term selected by the end-user. If no term was selected by the end-user for a combination or bundle of products or services, or if no term limit applied to such combination or bundle, then the terms and conditions governing that combination or bundle of products or services, at the time the end-user subscribed, shall remain in effect until the end-user agrees or elects otherwise or until the end-user is noticed of a change in terms by the service provider. Terms and conditions originally established by approved tariffs, which are changed and noticed to customers subsequent to May 28, 2005, shall bind end-users. End-users who terminate service within thirty (30) days of issuance of the notice of a change in such terms and conditions shall not be affected by such changed terms and conditions for the period between issuance of the notice and termination of service. (c) Nothing in this section shall affect, alter or be construed to affect or alter the applicability of state or federal antitrust law or federal telecommunications law or the commission's authority under federal telecommunications laws. (d) Any provider of local exchange service shall permit any end-user of basic local exchange telephone service to terminate that service upon request and shall take all administrative steps necessary, including "number portability," as that term is used in 47 U.S.C. § 153 , of the end-user's existing telephone number, to permit such end-user to begin receiving replacement service from another certificated provider in a timely manner. (e) Nothing in this section shall alter or expand the commission's jurisdiction to hear complaints alleging price discrimination, as prohibited by state law, or anti-competitive practices regarding the provision of retail telecommunications services within its jurisdiction as its jurisdiction existed immediately prior to May 28, 2005, except to the extent that such jurisdiction is reduced pursuant to exemption by the commission subsequent to May 28, 2005. This chapter does not confer jurisdiction on the commission relating to services outside its jurisdiction as of May 28, 2005. In evaluating claims of anti-competitive practices in any retail telecommunications services market, the commission shall apply applicable federal or state law and shall consider all relevant factors, including, but not limited to, the following: (1) The geographical and economic extent of commercial demand for functionally-equivalent services; (2) The number and relative longevity of companies providing functionally-equivalent services; (3) The relative gain or loss of revenues attributable to functionally-equivalent services and customers who purchase functionally-equivalent services; (4) The relative increase or decrease in facilities-based investment attributable to providing functionally-equivalent services; (5) The degree to which marketing, pricing and business strategies are utilized to acquire or maintain revenues attributable to functionally-equivalent services and customers who purchase functionally-equivalent services; and (6) The relationship between pricing policies and costs of functionally-equivalent services. (f) Nothing in this section shall alter the commission's jurisdiction to review price regulation filings or conduct rate of return ratemaking analysis, as applicable, for incumbent local exchange carrier (ILEC) telecommunications providers. Revenue for telecommunications services provided in combinations or bundles shall be considered regulated revenue for purposes of price regulation or rate of return rate analysis. Acts 2005, ch. 270, § 4.
(a) (1) The Tennessee public utility commission shall retain regulatory jurisdiction established in this title for specific, individual telecommunications services. Except as provided in this section, the commission shall not assert regulatory jurisdiction over the retail offering of combinations or bundles of products or services, whether or not such combinations or bundles of products or services are subject to a tariff or other regulatory filing with the commission as of May 28, 2005, and whether or not comprised of products or services provided by a local exchange carrier alone or with another company. Nothing in this section shall require any company to engage in joint marketing with another company when it does not choose to do so. (2) In order to transition to the changes in regulatory jurisdiction established by this part, telecommunications carriers shall provide customers with the following notice, as part of the terms and conditions for bundles or combinations: "This offer contains telecommunications services that are also available separately. Should you desire to purchase only the telecommunications services included in this offer, without additional products or services, you may purchase those telecommunications services individually at prices posted on [company website] or filed with the Tennessee public utility commission." (3) The commission shall issue a statewide public service announcement, no less than once per year, to inform Tennesseans that telecommunications services they purchase may be available at different prices, depending upon whether they are bought individually or bought bundled, and to inform Tennesseans that functionally equivalent services may be available from providers who do not offer service using wire line technology. Scripts for these announcements shall be posted for comments from industry and consumers or their representatives before being used and shall not favor any one provider or technology over others.
(1) The Tennessee public utility commission shall retain regulatory jurisdiction established in this title for specific, individual telecommunications services. Except as provided in this section, the commission shall not assert regulatory jurisdiction over the retail offering of combinations or bundles of products or services, whether or not such combinations or bundles of products or services are subject to a tariff or other regulatory filing with the commission as of May 28, 2005, and whether or not comprised of products or services provided by a local exchange carrier alone or with another company. Nothing in this section shall require any company to engage in joint marketing with another company when it does not choose to do so.
(2) In order to transition to the changes in regulatory jurisdiction established by this part, telecommunications carriers shall provide customers with the following notice, as part of the terms and conditions for bundles or combinations: "This offer contains telecommunications services that are also available separately. Should you desire to purchase only the telecommunications services included in this offer, without additional products or services, you may purchase those telecommunications services individually at prices posted on [company website] or filed with the Tennessee public utility commission."
(3) The commission shall issue a statewide public service announcement, no less than once per year, to inform Tennesseans that telecommunications services they purchase may be available at different prices, depending upon whether they are bought individually or bought bundled, and to inform Tennesseans that functionally equivalent services may be available from providers who do not offer service using wire line technology. Scripts for these announcements shall be posted for comments from industry and consumers or their representatives before being used and shall not favor any one provider or technology over others.
(b) Unless otherwise agreed by the end-user, the terms and conditions established by tariffs or other filings at the commission for combinations or bundles of products or services shall remain effective as to end-users who have selected such combinations or bundles prior to May 28, 2005, for the duration of a term selected by the end-user. If no term was selected by the end-user for a combination or bundle of products or services, or if no term limit applied to such combination or bundle, then the terms and conditions governing that combination or bundle of products or services, at the time the end-user subscribed, shall remain in effect until the end-user agrees or elects otherwise or until the end-user is noticed of a change in terms by the service provider. Terms and conditions originally established by approved tariffs, which are changed and noticed to customers subsequent to May 28, 2005, shall bind end-users. End-users who terminate service within thirty (30) days of issuance of the notice of a change in such terms and conditions shall not be affected by such changed terms and conditions for the period between issuance of the notice and termination of service.
(c) Nothing in this section shall affect, alter or be construed to affect or alter the applicability of state or federal antitrust law or federal telecommunications law or the commission's authority under federal telecommunications laws.
(d) Any provider of local exchange service shall permit any end-user of basic local exchange telephone service to terminate that service upon request and shall take all administrative steps necessary, including "number portability," as that term is used in 47 U.S.C. § 153 , of the end-user's existing telephone number, to permit such end-user to begin receiving replacement service from another certificated provider in a timely manner.
(e) Nothing in this section shall alter or expand the commission's jurisdiction to hear complaints alleging price discrimination, as prohibited by state law, or anti-competitive practices regarding the provision of retail telecommunications services within its jurisdiction as its jurisdiction existed immediately prior to May 28, 2005, except to the extent that such jurisdiction is reduced pursuant to exemption by the commission subsequent to May 28, 2005. This chapter does not confer jurisdiction on the commission relating to services outside its jurisdiction as of May 28, 2005. In evaluating claims of anti-competitive practices in any retail telecommunications services market, the commission shall apply applicable federal or state law and shall consider all relevant factors, including, but not limited to, the following: (1) The geographical and economic extent of commercial demand for functionally-equivalent services; (2) The number and relative longevity of companies providing functionally-equivalent services; (3) The relative gain or loss of revenues attributable to functionally-equivalent services and customers who purchase functionally-equivalent services; (4) The relative increase or decrease in facilities-based investment attributable to providing functionally-equivalent services; (5) The degree to which marketing, pricing and business strategies are utilized to acquire or maintain revenues attributable to functionally-equivalent services and customers who purchase functionally-equivalent services; and (6) The relationship between pricing policies and costs of functionally-equivalent services.
(1) The geographical and economic extent of commercial demand for functionally-equivalent services;
(2) The number and relative longevity of companies providing functionally-equivalent services;
(3) The relative gain or loss of revenues attributable to functionally-equivalent services and customers who purchase functionally-equivalent services;
(4) The relative increase or decrease in facilities-based investment attributable to providing functionally-equivalent services;
(5) The degree to which marketing, pricing and business strategies are utilized to acquire or maintain revenues attributable to functionally-equivalent services and customers who purchase functionally-equivalent services; and
(6) The relationship between pricing policies and costs of functionally-equivalent services.
(f) Nothing in this section shall alter the commission's jurisdiction to review price regulation filings or conduct rate of return ratemaking analysis, as applicable, for incumbent local exchange carrier (ILEC) telecommunications providers. Revenue for telecommunications services provided in combinations or bundles shall be considered regulated revenue for purposes of price regulation or rate of return rate analysis.
Acts 2005, ch. 270, § 4.
Tenn. Code Ann. § 65-19-106 — TN Code / Title 65 / Chapter 19 / Section 65-19-106
Privilege tax
Status: in_force

All such incorporated cities and towns are empowered to impose upon all such common carriers a tax for the exercise of the privilege allowed to be granted by this part. Acts 1915, ch. 60, § 5; Shan., § 3079a204; mod. Code 1932, § 5538; T.C.A. (orig. ed.), § 65-1906.
All such incorporated cities and towns are empowered to impose upon all such common carriers a tax for the exercise of the privilege allowed to be granted by this part.
Acts 1915, ch. 60, § 5; Shan., § 3079a204; mod. Code 1932, § 5538; T.C.A. (orig. ed.), § 65-1906.
Tenn. Code Ann. § 65-6-116 — TN Code / Title 65 / Chapter 6 / Section 65-6-116
Change of terminus before final location
Status: in_force

Any railroad company may, by resolution of its board of directors, change either terminus of its line of railroad at any time before the final location of the same. This resolution shall be certified by the president and secretary of the company, under its corporate seal, and filed and registered as an amendment of its charter. Acts 1887, ch. 39, §§ 1, 2; Shan., § 2415; mod. Code 1932, § 4005; T.C.A. (orig. ed.), § 65-619.
Any railroad company may, by resolution of its board of directors, change either terminus of its line of railroad at any time before the final location of the same. This resolution shall be certified by the president and secretary of the company, under its corporate seal, and filed and registered as an amendment of its charter.
Acts 1887, ch. 39, §§ 1, 2; Shan., § 2415; mod. Code 1932, § 4005; T.C.A. (orig. ed.), § 65-619.
Tenn. Code Ann. § 65-25-102 — TN Code / Title 65 / Chapter 25 / Section 65-25-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Area coverage" means that a service will be available to patrons in accordance with a financially feasible plan without regard to how thickly or sparsely patrons' premises may be located in a cooperative's areas of service; (2) "Board" means a cooperative's board of directors or the necessary number thereof to take action; (3) "Community utility services" includes broadband internet access and related services and telecommunications services, including, but not limited to, television communication services of any kind and by any means, television programming and decryption services, selling, leasing, both as lessor and lessee, servicing and repairing related equipment, including TV antenna dishes, and the furnishing for any purpose to itself or to others, including other cooperatives, information and data relative to its or their other purposes, including, if such is the case, the primary purpose. Nothing in this subdivision (3) permits a cooperative to provide cable service, as defined in § 7-59-303 , or video service, as defined in § 7-59-303 , without complying with the requirement to obtain a franchise as set forth in the Competitive Cable and Video Services Act, compiled in title 7, chapter 59, part 3; (4) "Cooperative" or "cooperatives" means one (1) or more nonprofit cooperative membership corporations heretofore or hereafter organized under or otherwise subject to this chapter, including corporations transacting business in this state pursuant to § 65-25-121 under this chapter or under its predecessor, the Electric Cooperative Law, hereinafter called "foreign corporations"; (5) "Lease-sale" means an agreement whereby the possession and use of assets and properties would be transferred to a lessee-purchaser for a stated or determinable term in time, during or at the end of which such lessee-purchaser would have the right and be obligated, or would have the option, to purchase and acquire, or would without further act acquire, fee simple title to such assets and properties for a price expressly stated in the agreement or for a price determinable by a formula contained in the agreement, whether or not any portion of any lease-hold or rental payments would be creditable as a part of such price; (6) "Member" means a person having the right to vote for the directors of a cooperative and upon other matters as provided in this chapter, a cooperative's articles of incorporation or bylaws, and includes each incorporator of a cooperative thereof, and also a husband and wife admitted to joint membership; (7) "Net worth" means the difference between a cooperative's assets and liabilities, which liabilities shall not include any amounts of patronage capital assigned or assignable to patrons on the cooperative's books or carried on such books even though not so assigned or assignable, determined in accordance with generally accepted accounting principles and methods and the accounting system applicable to such cooperative, as most recently, but not more than sixty (60) days, reflected in its books of account and balance sheet prior to the date of a member meeting at which a vote will be taken on whether to sell or to lease-sell all or a substantial portion of the assets and properties which are devoted to and are used or useful in pursuing a primary purpose; (8) "Patron" means a person agreeing to receive or already receiving or who in the past has received one (1) or more of the services rendered by a cooperative, whether such person is a member thereof or not, and "nonmember patron" means such a person who or which is not or was not a member; (9) "Person" includes any natural person, firm, association, corporation, cooperative, business trust, partnership and federal, state or local governments, or departments, agencies or any other political subdivision thereof; (10) "Primary purpose" means one (1) of the purposes provided for in § 65-25-104(a)(1) , and a "secondary purpose" means one (1) of the purposes provided for in § 65-25-104(a)(2) ; (11) "Service" or "services" includes sales, exchanges, rentals, repairs and maintenance of land, facilities, equipment, machinery, appliances, accessories and goods and the financing of their acquisition by patrons; (12) "Substantial portion" means ten percent (10%) or more of the value in dollars of a cooperative's assets and properties as appropriately stated in its books of account; and (13) "Telecommunications" does not include the furnishing of telephone service, either local or long distance, leased lines or equipment for the vocal or written transmission of messages, or any related services for which a charge is made. Amended by 2017 Tenn. Acts, ch. 228,s 6, eff. 4/24/2017. Acts 1988, ch. 689, § 2; 1989, ch. 172, § 1; 1999, ch. 430, § 3; T.C.A. § 65-25-202 .
As used in this chapter, unless the context otherwise requires:
(1) "Area coverage" means that a service will be available to patrons in accordance with a financially feasible plan without regard to how thickly or sparsely patrons' premises may be located in a cooperative's areas of service;
(2) "Board" means a cooperative's board of directors or the necessary number thereof to take action;
(3) "Community utility services" includes broadband internet access and related services and telecommunications services, including, but not limited to, television communication services of any kind and by any means, television programming and decryption services, selling, leasing, both as lessor and lessee, servicing and repairing related equipment, including TV antenna dishes, and the furnishing for any purpose to itself or to others, including other cooperatives, information and data relative to its or their other purposes, including, if such is the case, the primary purpose. Nothing in this subdivision (3) permits a cooperative to provide cable service, as defined in § 7-59-303 , or video service, as defined in § 7-59-303 , without complying with the requirement to obtain a franchise as set forth in the Competitive Cable and Video Services Act, compiled in title 7, chapter 59, part 3;
(4) "Cooperative" or "cooperatives" means one (1) or more nonprofit cooperative membership corporations heretofore or hereafter organized under or otherwise subject to this chapter, including corporations transacting business in this state pursuant to § 65-25-121 under this chapter or under its predecessor, the Electric Cooperative Law, hereinafter called "foreign corporations";
(5) "Lease-sale" means an agreement whereby the possession and use of assets and properties would be transferred to a lessee-purchaser for a stated or determinable term in time, during or at the end of which such lessee-purchaser would have the right and be obligated, or would have the option, to purchase and acquire, or would without further act acquire, fee simple title to such assets and properties for a price expressly stated in the agreement or for a price determinable by a formula contained in the agreement, whether or not any portion of any lease-hold or rental payments would be creditable as a part of such price;
(6) "Member" means a person having the right to vote for the directors of a cooperative and upon other matters as provided in this chapter, a cooperative's articles of incorporation or bylaws, and includes each incorporator of a cooperative thereof, and also a husband and wife admitted to joint membership;
(7) "Net worth" means the difference between a cooperative's assets and liabilities, which liabilities shall not include any amounts of patronage capital assigned or assignable to patrons on the cooperative's books or carried on such books even though not so assigned or assignable, determined in accordance with generally accepted accounting principles and methods and the accounting system applicable to such cooperative, as most recently, but not more than sixty (60) days, reflected in its books of account and balance sheet prior to the date of a member meeting at which a vote will be taken on whether to sell or to lease-sell all or a substantial portion of the assets and properties which are devoted to and are used or useful in pursuing a primary purpose;
(8) "Patron" means a person agreeing to receive or already receiving or who in the past has received one (1) or more of the services rendered by a cooperative, whether such person is a member thereof or not, and "nonmember patron" means such a person who or which is not or was not a member;
(9) "Person" includes any natural person, firm, association, corporation, cooperative, business trust, partnership and federal, state or local governments, or departments, agencies or any other political subdivision thereof;
(10) "Primary purpose" means one (1) of the purposes provided for in § 65-25-104(a)(1) , and a "secondary purpose" means one (1) of the purposes provided for in § 65-25-104(a)(2) ;
(11) "Service" or "services" includes sales, exchanges, rentals, repairs and maintenance of land, facilities, equipment, machinery, appliances, accessories and goods and the financing of their acquisition by patrons;
(12) "Substantial portion" means ten percent (10%) or more of the value in dollars of a cooperative's assets and properties as appropriately stated in its books of account; and
(13) "Telecommunications" does not include the furnishing of telephone service, either local or long distance, leased lines or equipment for the vocal or written transmission of messages, or any related services for which a charge is made.
Amended by 2017 Tenn. Acts, ch. 228,s 6, eff. 4/24/2017.
Acts 1988, ch. 689, § 2; 1989, ch. 172, § 1; 1999, ch. 430, § 3; T.C.A. § 65-25-202 .
Tenn. Code Ann. § 65-7-102 — TN Code / Title 65 / Chapter 7 / Section 65-7-102
Right to subscribe to stock
Status: in_force

No county, incorporated city, or town shall subscribe to the capital stock of any railroad company under this chapter unless its railroad runs through the county or within one (1) mile of the incorporated city or town making the subscription; provided, that any county within which the railroad or any of its branches terminates may subscribe under this chapter. Acts 1887, ch. 3, § 2; Shan., § 1559; Code 1932, § 2613; T.C.A. (orig. ed.), § 65-702.
No county, incorporated city, or town shall subscribe to the capital stock of any railroad company under this chapter unless its railroad runs through the county or within one (1) mile of the incorporated city or town making the subscription; provided, that any county within which the railroad or any of its branches terminates may subscribe under this chapter.
Acts 1887, ch. 3, § 2; Shan., § 1559; Code 1932, § 2613; T.C.A. (orig. ed.), § 65-702.
Tenn. Code Ann. § 65-3-103 — TN Code / Title 65 / Chapter 3 / Section 65-3-103
Uniform laws
Status: in_force

It is the duty of the department of transportation, by correspondence, conventions, or otherwise, to confer with such departments of other states and the interstate commerce commission, and such persons from states which have no railroad commission, as the governors of such states may appoint, for the purpose of agreeing, if practicable, upon a draft of statutes to be submitted to the legislature of each state, which shall secure uniform control of transportation in the several states, and from one (1) state into or through another state, as will best subserve the interest of trade and commerce of the whole country; and the department of transportation shall include in its annual report to the governor an abstract of the proceedings of any such conference or convention. Acts 1897, ch. 10, § 29; Shan., § 3059a66; Code 1932, § 5442; T.C.A. (orig. ed.), § 65-303; Acts 1995, ch. 305, § 10.
It is the duty of the department of transportation, by correspondence, conventions, or otherwise, to confer with such departments of other states and the interstate commerce commission, and such persons from states which have no railroad commission, as the governors of such states may appoint, for the purpose of agreeing, if practicable, upon a draft of statutes to be submitted to the legislature of each state, which shall secure uniform control of transportation in the several states, and from one (1) state into or through another state, as will best subserve the interest of trade and commerce of the whole country; and the department of transportation shall include in its annual report to the governor an abstract of the proceedings of any such conference or convention.
Acts 1897, ch. 10, § 29; Shan., § 3059a66; Code 1932, § 5442; T.C.A. (orig. ed.), § 65-303; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-31-115 — TN Code / Title 65 / Chapter 31 / Section 65-31-115
Powers and duties of board
Status: in_force

(a) The board has the power and authority to: (1) Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the conduct of the affairs of the board; (2) Adopt a seal for the board, prescribe the style of the seal, and alter the seal at the board's pleasure; and (3) Make and enter into contracts. (b) The board shall: (1) Through its executive committee, initiate investigations and conduct hearings as required by § 65-31-116 ; (2) Meet a minimum of two (2) times per calendar year; (3) Examine data regarding underground utility damage and make recommendations to the general assembly for further updates to this chapter; (4) Manage the underground damage prevention fund created by § 65-31-117 ; (5) Assess its annual operating cost to operators in an amount equal to the amount necessary to offset the cost of investigative and administrative services performed by the Tennessee public utility commission at the direction of the board. The annual operating costs shall be apportioned in a proportional manner and collected by the one-call service from the operators; and (6) Subject to the availability of funding in the underground damage prevention fund created by § 65-31-117 , contract with appropriate entities or agencies to conduct training and public awareness for damage prevention. (c) (1) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the board. (2) The board's chair shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (c)(1). (d) The executive committee shall review the reasonableness of fees and any subsequent changes to the fees charged to violators by the board's designated provider of compliance training ordered pursuant to § 65-31-112 . Amended by 2018 Tenn. Acts, ch. 716,s 4, eff. 4/12/2018. Amended by 2017 Tenn. Acts, ch. 117,s 3, eff. 4/12/2017. Amended by 2017 Tenn. Acts, ch. 94,s 65, eff. 4/4/2017. Added by 2015 Tenn. Acts, ch. 488,s 8, eff. 5/20/2015.
(a) The board has the power and authority to: (1) Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the conduct of the affairs of the board; (2) Adopt a seal for the board, prescribe the style of the seal, and alter the seal at the board's pleasure; and (3) Make and enter into contracts.
(1) Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the conduct of the affairs of the board;
(2) Adopt a seal for the board, prescribe the style of the seal, and alter the seal at the board's pleasure; and
(3) Make and enter into contracts.
(b) The board shall: (1) Through its executive committee, initiate investigations and conduct hearings as required by § 65-31-116 ; (2) Meet a minimum of two (2) times per calendar year; (3) Examine data regarding underground utility damage and make recommendations to the general assembly for further updates to this chapter; (4) Manage the underground damage prevention fund created by § 65-31-117 ; (5) Assess its annual operating cost to operators in an amount equal to the amount necessary to offset the cost of investigative and administrative services performed by the Tennessee public utility commission at the direction of the board. The annual operating costs shall be apportioned in a proportional manner and collected by the one-call service from the operators; and (6) Subject to the availability of funding in the underground damage prevention fund created by § 65-31-117 , contract with appropriate entities or agencies to conduct training and public awareness for damage prevention.
(1) Through its executive committee, initiate investigations and conduct hearings as required by § 65-31-116 ;
(2) Meet a minimum of two (2) times per calendar year;
(3) Examine data regarding underground utility damage and make recommendations to the general assembly for further updates to this chapter;
(4) Manage the underground damage prevention fund created by § 65-31-117 ;
(5) Assess its annual operating cost to operators in an amount equal to the amount necessary to offset the cost of investigative and administrative services performed by the Tennessee public utility commission at the direction of the board. The annual operating costs shall be apportioned in a proportional manner and collected by the one-call service from the operators; and
(6) Subject to the availability of funding in the underground damage prevention fund created by § 65-31-117 , contract with appropriate entities or agencies to conduct training and public awareness for damage prevention.
(c) (1) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the board. (2) The board's chair shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (c)(1).
(1) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the board.
(2) The board's chair shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (c)(1).
(d) The executive committee shall review the reasonableness of fees and any subsequent changes to the fees charged to violators by the board's designated provider of compliance training ordered pursuant to § 65-31-112 .
Amended by 2018 Tenn. Acts, ch. 716,s 4, eff. 4/12/2018.
Amended by 2017 Tenn. Acts, ch. 117,s 3, eff. 4/12/2017.
Amended by 2017 Tenn. Acts, ch. 94,s 65, eff. 4/4/2017.
Added by 2015 Tenn. Acts, ch. 488,s 8, eff. 5/20/2015.
Tenn. Code Ann. § 65-6-121 — TN Code / Title 65 / Chapter 6 / Section 65-6-121
Compensation for damages from construction on county highway
Status: in_force

Section 65-6-120 shall not be construed so as to prevent the owners of land abutting upon such road from obtaining due compensation for damages arising from the construction of such railroad, such damages to be just compensation for all property taken, injured, or damaged by the building or operations of the railroad, such damages to be ascertained and paid before the right to appropriate the property to be occupied shall accrue, as provided by law. Acts 1889, ch. 226, § 2; Shan., § 1880; Code 1932, § 3145; T.C.A. (orig. ed.), § 65-632.
Section 65-6-120 shall not be construed so as to prevent the owners of land abutting upon such road from obtaining due compensation for damages arising from the construction of such railroad, such damages to be just compensation for all property taken, injured, or damaged by the building or operations of the railroad, such damages to be ascertained and paid before the right to appropriate the property to be occupied shall accrue, as provided by law.
Acts 1889, ch. 226, § 2; Shan., § 1880; Code 1932, § 3145; T.C.A. (orig. ed.), § 65-632.
Tenn. Code Ann. § 65-35-101 — TN Code / Title 65 / Chapter 35 / Section 65-35-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Owner" means the owner of any property, any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of any structure which is capable of receiving service by a utility; (2) "Person" means an individual, corporation, firm, company, partnership, association or organization of any kind, public or private; (3) "Tenant or occupant" means any person who occupies the whole or a part of any building, whether alone or with others, and includes the owner; (4) "Utility" means any person, municipality, county, cooperative, board, commission, district or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, sanitary sewer service, telephone service, or any combination thereof, for sale to consumers in any particular service area, whether or not regulated by the Tennessee public utility commission; and (5) "Utility customer" means: (A) The person or persons listed on the records of the utility as the customer liable for charges or payment for the utility service; (B) The person or persons residing in the structure where utility services have been connected without permission or authorization of the utility; or (C) The manager, superintendent, officer or other responsible official of a corporation, partnership, proprietorship, association or other business organization that is listed on the records of the utility as the customer liable for charges for utility service or acting in behalf of a corporation, partnership, proprietorship, association or other business organization where utility services have been connected without permission or authorization of the utility. Amended by 2017 Tenn. Acts, ch. 94, s 69, eff. 4/4/2017. Acts 1990, ch. 851, § 1; 1995, ch. 305, §42; 1997 , ch. 116, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Owner" means the owner of any property, any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of any structure which is capable of receiving service by a utility;
(2) "Person" means an individual, corporation, firm, company, partnership, association or organization of any kind, public or private;
(3) "Tenant or occupant" means any person who occupies the whole or a part of any building, whether alone or with others, and includes the owner;
(4) "Utility" means any person, municipality, county, cooperative, board, commission, district or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, sanitary sewer service, telephone service, or any combination thereof, for sale to consumers in any particular service area, whether or not regulated by the Tennessee public utility commission; and
(5) "Utility customer" means: (A) The person or persons listed on the records of the utility as the customer liable for charges or payment for the utility service; (B) The person or persons residing in the structure where utility services have been connected without permission or authorization of the utility; or (C) The manager, superintendent, officer or other responsible official of a corporation, partnership, proprietorship, association or other business organization that is listed on the records of the utility as the customer liable for charges for utility service or acting in behalf of a corporation, partnership, proprietorship, association or other business organization where utility services have been connected without permission or authorization of the utility.
(A) The person or persons listed on the records of the utility as the customer liable for charges or payment for the utility service;
(B) The person or persons residing in the structure where utility services have been connected without permission or authorization of the utility; or
(C) The manager, superintendent, officer or other responsible official of a corporation, partnership, proprietorship, association or other business organization that is listed on the records of the utility as the customer liable for charges for utility service or acting in behalf of a corporation, partnership, proprietorship, association or other business organization where utility services have been connected without permission or authorization of the utility.
Amended by 2017 Tenn. Acts, ch. 94, s 69, eff. 4/4/2017.
Acts 1990, ch. 851, § 1; 1995, ch. 305, §42; 1997 , ch. 116, § 1.
Tenn. Code Ann. § 65-28-207 — TN Code / Title 65 / Chapter 28 / Section 65-28-207
Natural gas local distribution system not required to transport landfill methane
Status: in_force

Nothing in this part shall be interpreted to require any natural gas local distribution system to purchase or transport any landfill produced methane gas. Acts 2005, ch. 361, § 8.
Nothing in this part shall be interpreted to require any natural gas local distribution system to purchase or transport any landfill produced methane gas.
Acts 2005, ch. 361, § 8.
Tenn. Code Ann. § 65-5-302 — TN Code / Title 65 / Chapter 5 / Section 65-5-302
Part definitions-Required parity for interstate and intrastate access rates and rate structures
Status: in_force

(a) For the purposes of this part: (1) "Entity" means an entity that provides switched access service and is a public utility as defined in § 65-4-101 or a telephone cooperative governed by chapter 29 of this title; (2) "Interstate switched access charges" means charges for switched access services for interstate toll telecommunications services; (3) "Intrastate switched access charges" means charges for switched access services for intrastate toll telecommunications services; and (4) "Switched access services" means the utilization of switching and related facilities for the origination or termination of toll telecommunications services of other service providers. (b) Notwithstanding any law to the contrary and consistent with this part, any entity that provides switched access service shall be prohibited from imposing intrastate switched access charges that exceed the interstate switched access charges imposed by the entity, and shall utilize the same rate structure for the provision of intrastate switched access service that the entity uses for the provision of interstate switched access service; provided, however, that: (1) Until such time as rules governing the funding of the Tennessee relay service have been promulgated and have taken effect pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and § 65-21-115 , an entity may include in its intrastate switched access charges as a separate intrastate switched access rate element an additur established by the Tennessee public utility commission for the purpose of maintaining the Tennessee relay service consistent with § 65-21-115 , such amount not to exceed the additur established as of April 12, 2011; (2) Any entity that, as of April 12, 2011, is imposing intrastate switched access charges that, on an average per minute basis, are higher than the average per minute interstate switched access charges imposed by the entity, shall, no later than April 1, 2012: (A) Establish an intrastate switched access rate structure that is the same as its interstate switched access rate structure; and (B) Implement revised intrastate switched access charges to effectuate a reduction of at least twenty percent (20%) in the difference between the average per minute intrastate switched access rate in effect for the entity on April 12, 2011, and the average per minute interstate switched access rate in effect for the entity on April 12, 2011; (3) Any entity effectuating a reduction in its intrastate switched access rates pursuant to subdivision (b)(2) shall, on or before April 1, 2013, implement revised intrastate switched access charges to effectuate a reduction of at least forty percent (40%) in the difference between the average per minute intrastate switched access rate in effect for the entity on April 12, 2011, and the average per minute interstate switched access rate in effect for the entity on April 12, 2011; (4) Any entity effectuating a reduction in its intrastate switched access rates pursuant to subdivision (b)(2) shall, on or before April 1, 2014, implement revised intrastate switched access charges to effectuate a reduction of at least sixty percent (60%) in the difference between the average per minute intrastate switched access rate in effect for the entity on April 12, 2011, and the average per minute interstate switched access rate in effect for the entity on April 12, 2011; (5) Any entity effectuating a reduction in its intrastate switched access rates pursuant to subdivision (b)(2) shall, on or before April 1, 2015, implement revised intrastate switched access charges to effectuate a reduction of at least eighty percent (80%) in the difference between the average per minute intrastate switched access rate in effect for the entity on April 12, 2011, and the average per minute interstate switched access rate in effect for the entity on April 12, 2011; and (6) Any entity effectuating a reduction in its intrastate switched access rates pursuant to subdivision (b)(2) shall, on or before April 1, 2016, implement revised intrastate switched access charges that do not exceed the interstate switched access charges imposed by the entity. (c) An entity that implements an increase in an intrastate switched access rate element between February 1, 2011, and April 1, 2012, and that is transitioning its intrastate access rates as provided in subdivisions (b)(2)-(6), shall reduce such intrastate switched access rate element to the rate in effect on January 31, 2011, no later than April 1, 2012, and shall effectuate the reductions required by subdivisions (b)(2)-(6) using the average per minute intrastate switched access rate in effect for the entity on January 31, 2011, instead of the average per minute intrastate switched access rate in effect for the entity on April 12, 2011. (d) A competing telecommunications service provider, as defined in § 65-4-101 , may provide by tariff that its intrastate switched access charges are the same as those of the incumbent local exchange telephone company, as defined in § 65-4-101 , for whose service area the competing telecommunications service provider is offering intrastate switched access service, and be deemed thereby to comply with subsections (b) and (f), and the requirement in subsection (g) to set forth intrastate switched access rates and a rate structure in a tariff or price list. (e) Notwithstanding any law of this state or requirements of the Tennessee public utility commission to the contrary, an entity that transitions its intrastate access rates as provided in subdivisions (b)(2)-(6), shall be entitled, but not required, to adjust its retail rates each year to recover any revenue losses resulting from its revision of intrastate switched access rates and rate structure. The Tennessee public utility commission may not review or regulate such retail rate adjustments. (f) To the extent the interstate switched access rates or rate structure of an entity change consistent with applicable federal law, then the entity shall have thirty (30) days to implement the same changes for its provision of intrastate switched access services. Notwithstanding the implementation of any change authorized by this subsection (f), to the extent that an entity is implementing revisions to its intrastate switched access rates in accordance with subdivisions (b)(2)-(6), the entity shall continue to revise its rates in accordance with subdivisions (b)(2)-(6) and, on or before April 1, 2016, and thereafter, such entity shall have the same rates and rate structures for the provision of both intrastate and interstate switched access services. (g) No later than April 1, 2012, any entity that is providing switched access service shall file and thereafter maintain a tariff or price list with the Tennessee public utility commission setting forth its intrastate switched access rates and rate structure. Acts 2011 , ch. 68, § 1.
(a) For the purposes of this part: (1) "Entity" means an entity that provides switched access service and is a public utility as defined in § 65-4-101 or a telephone cooperative governed by chapter 29 of this title; (2) "Interstate switched access charges" means charges for switched access services for interstate toll telecommunications services; (3) "Intrastate switched access charges" means charges for switched access services for intrastate toll telecommunications services; and (4) "Switched access services" means the utilization of switching and related facilities for the origination or termination of toll telecommunications services of other service providers.
(1) "Entity" means an entity that provides switched access service and is a public utility as defined in § 65-4-101 or a telephone cooperative governed by chapter 29 of this title;
(2) "Interstate switched access charges" means charges for switched access services for interstate toll telecommunications services;
(3) "Intrastate switched access charges" means charges for switched access services for intrastate toll telecommunications services; and
(4) "Switched access services" means the utilization of switching and related facilities for the origination or termination of toll telecommunications services of other service providers.
(b) Notwithstanding any law to the contrary and consistent with this part, any entity that provides switched access service shall be prohibited from imposing intrastate switched access charges that exceed the interstate switched access charges imposed by the entity, and shall utilize the same rate structure for the provision of intrastate switched access service that the entity uses for the provision of interstate switched access service; provided, however, that: (1) Until such time as rules governing the funding of the Tennessee relay service have been promulgated and have taken effect pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and § 65-21-115 , an entity may include in its intrastate switched access charges as a separate intrastate switched access rate element an additur established by the Tennessee public utility commission for the purpose of maintaining the Tennessee relay service consistent with § 65-21-115 , such amount not to exceed the additur established as of April 12, 2011; (2) Any entity that, as of April 12, 2011, is imposing intrastate switched access charges that, on an average per minute basis, are higher than the average per minute interstate switched access charges imposed by the entity, shall, no later than April 1, 2012: (A) Establish an intrastate switched access rate structure that is the same as its interstate switched access rate structure; and (B) Implement revised intrastate switched access charges to effectuate a reduction of at least twenty percent (20%) in the difference between the average per minute intrastate switched access rate in effect for the entity on April 12, 2011, and the average per minute interstate switched access rate in effect for the entity on April 12, 2011; (3) Any entity effectuating a reduction in its intrastate switched access rates pursuant to subdivision (b)(2) shall, on or before April 1, 2013, implement revised intrastate switched access charges to effectuate a reduction of at least forty percent (40%) in the difference between the average per minute intrastate switched access rate in effect for the entity on April 12, 2011, and the average per minute interstate switched access rate in effect for the entity on April 12, 2011; (4) Any entity effectuating a reduction in its intrastate switched access rates pursuant to subdivision (b)(2) shall, on or before April 1, 2014, implement revised intrastate switched access charges to effectuate a reduction of at least sixty percent (60%) in the difference between the average per minute intrastate switched access rate in effect for the entity on April 12, 2011, and the average per minute interstate switched access rate in effect for the entity on April 12, 2011; (5) Any entity effectuating a reduction in its intrastate switched access rates pursuant to subdivision (b)(2) shall, on or before April 1, 2015, implement revised intrastate switched access charges to effectuate a reduction of at least eighty percent (80%) in the difference between the average per minute intrastate switched access rate in effect for the entity on April 12, 2011, and the average per minute interstate switched access rate in effect for the entity on April 12, 2011; and (6) Any entity effectuating a reduction in its intrastate switched access rates pursuant to subdivision (b)(2) shall, on or before April 1, 2016, implement revised intrastate switched access charges that do not exceed the interstate switched access charges imposed by the entity.
(1) Until such time as rules governing the funding of the Tennessee relay service have been promulgated and have taken effect pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and § 65-21-115 , an entity may include in its intrastate switched access charges as a separate intrastate switched access rate element an additur established by the Tennessee public utility commission for the purpose of maintaining the Tennessee relay service consistent with § 65-21-115 , such amount not to exceed the additur established as of April 12, 2011;
(2) Any entity that, as of April 12, 2011, is imposing intrastate switched access charges that, on an average per minute basis, are higher than the average per minute interstate switched access charges imposed by the entity, shall, no later than April 1, 2012: (A) Establish an intrastate switched access rate structure that is the same as its interstate switched access rate structure; and (B) Implement revised intrastate switched access charges to effectuate a reduction of at least twenty percent (20%) in the difference between the average per minute intrastate switched access rate in effect for the entity on April 12, 2011, and the average per minute interstate switched access rate in effect for the entity on April 12, 2011;
(A) Establish an intrastate switched access rate structure that is the same as its interstate switched access rate structure; and
(B) Implement revised intrastate switched access charges to effectuate a reduction of at least twenty percent (20%) in the difference between the average per minute intrastate switched access rate in effect for the entity on April 12, 2011, and the average per minute interstate switched access rate in effect for the entity on April 12, 2011;
(3) Any entity effectuating a reduction in its intrastate switched access rates pursuant to subdivision (b)(2) shall, on or before April 1, 2013, implement revised intrastate switched access charges to effectuate a reduction of at least forty percent (40%) in the difference between the average per minute intrastate switched access rate in effect for the entity on April 12, 2011, and the average per minute interstate switched access rate in effect for the entity on April 12, 2011;
(4) Any entity effectuating a reduction in its intrastate switched access rates pursuant to subdivision (b)(2) shall, on or before April 1, 2014, implement revised intrastate switched access charges to effectuate a reduction of at least sixty percent (60%) in the difference between the average per minute intrastate switched access rate in effect for the entity on April 12, 2011, and the average per minute interstate switched access rate in effect for the entity on April 12, 2011;
(5) Any entity effectuating a reduction in its intrastate switched access rates pursuant to subdivision (b)(2) shall, on or before April 1, 2015, implement revised intrastate switched access charges to effectuate a reduction of at least eighty percent (80%) in the difference between the average per minute intrastate switched access rate in effect for the entity on April 12, 2011, and the average per minute interstate switched access rate in effect for the entity on April 12, 2011; and
(6) Any entity effectuating a reduction in its intrastate switched access rates pursuant to subdivision (b)(2) shall, on or before April 1, 2016, implement revised intrastate switched access charges that do not exceed the interstate switched access charges imposed by the entity.
(c) An entity that implements an increase in an intrastate switched access rate element between February 1, 2011, and April 1, 2012, and that is transitioning its intrastate access rates as provided in subdivisions (b)(2)-(6), shall reduce such intrastate switched access rate element to the rate in effect on January 31, 2011, no later than April 1, 2012, and shall effectuate the reductions required by subdivisions (b)(2)-(6) using the average per minute intrastate switched access rate in effect for the entity on January 31, 2011, instead of the average per minute intrastate switched access rate in effect for the entity on April 12, 2011.
(d) A competing telecommunications service provider, as defined in § 65-4-101 , may provide by tariff that its intrastate switched access charges are the same as those of the incumbent local exchange telephone company, as defined in § 65-4-101 , for whose service area the competing telecommunications service provider is offering intrastate switched access service, and be deemed thereby to comply with subsections (b) and (f), and the requirement in subsection (g) to set forth intrastate switched access rates and a rate structure in a tariff or price list.
(e) Notwithstanding any law of this state or requirements of the Tennessee public utility commission to the contrary, an entity that transitions its intrastate access rates as provided in subdivisions (b)(2)-(6), shall be entitled, but not required, to adjust its retail rates each year to recover any revenue losses resulting from its revision of intrastate switched access rates and rate structure. The Tennessee public utility commission may not review or regulate such retail rate adjustments.
(f) To the extent the interstate switched access rates or rate structure of an entity change consistent with applicable federal law, then the entity shall have thirty (30) days to implement the same changes for its provision of intrastate switched access services. Notwithstanding the implementation of any change authorized by this subsection (f), to the extent that an entity is implementing revisions to its intrastate switched access rates in accordance with subdivisions (b)(2)-(6), the entity shall continue to revise its rates in accordance with subdivisions (b)(2)-(6) and, on or before April 1, 2016, and thereafter, such entity shall have the same rates and rate structures for the provision of both intrastate and interstate switched access services.
(g) No later than April 1, 2012, any entity that is providing switched access service shall file and thereafter maintain a tariff or price list with the Tennessee public utility commission setting forth its intrastate switched access rates and rate structure.
Acts 2011 , ch. 68, § 1.
Tenn. Code Ann. § 65-25-112 — TN Code / Title 65 / Chapter 25 / Section 65-25-112
Refunds to patrons
Status: in_force

(a) With respect to the supplying or furnishing of service by a cooperative in pursuance of the primary purpose, the revenues therefrom for any fiscal year, in excess of the amount thereof necessary, to: (1) Defray expenses of the cooperative, including the operation and maintenance of its facilities during such fiscal year; (2) Pay interest and principal obligations of the cooperative coming due in such fiscal year; (3) Finance, or to provide a reserve to finance, the construction or acquisition by the cooperative of additional facilities to the extent determined by the board; (4) Provide a reasonable reserve for working capital; (5) Provide a reserve for the payment of indebtedness of the cooperative maturing more than one (1) year after the date of the incurrence of such indebtedness in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year; and (6) Provide a fund for education in cooperation and for the dissemination of information concerning the effective use and conservation of electric power and energy and concerning any other services made available by the cooperative; shall be distributed by the cooperative to patrons in the manner provided for in the bylaws, either: (A) As patronage refunds prorated in accordance with the patronage of the cooperative by the respective patrons paid for during or with respect to such fiscal year; (B) By way of general reductions of rates or other charges; or (C) By any combination of methods in (b)(1)-(3). (b) With respect to the supplying or furnishing of services in pursuance of one (1) or more secondary purposes, the revenues of a cooperative shall, as separately accounted for and determined for each such service, be first applied as provided in subdivisions (a)(1)-(6) and then distributed to the patrons of each such service in the manner provided for in the bylaws, either: (1) As patronage refunds prorated in accordance with the patronage of the cooperative by the respective patrons paid for during or with respect to such fiscal year; (2) By way of general reductions of rates or other charges; (3) By crediting patrons with having furnished the cooperative capital in amounts equal to the amounts of their patronage not refunded pursuant to subdivision (b)(1) and not used for general reduction of rates or other changes pursuant to subdivision (b)(2), all or any portion of such capital to be redeemable and be retired at such later time as the board in its sole discretion determines that such will not impair the cooperative's financial condition and will be in the cooperative's best interests; or (4) By any combination of methods in subdivisions (b)(1)-(3). (c) Nothing contained in subsection (a) or (b) shall be construed to prohibit the payment by a cooperative of all or any part of its indebtedness prior to the date when the same shall become due. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-212 .
(a) With respect to the supplying or furnishing of service by a cooperative in pursuance of the primary purpose, the revenues therefrom for any fiscal year, in excess of the amount thereof necessary, to: (1) Defray expenses of the cooperative, including the operation and maintenance of its facilities during such fiscal year; (2) Pay interest and principal obligations of the cooperative coming due in such fiscal year; (3) Finance, or to provide a reserve to finance, the construction or acquisition by the cooperative of additional facilities to the extent determined by the board; (4) Provide a reasonable reserve for working capital; (5) Provide a reserve for the payment of indebtedness of the cooperative maturing more than one (1) year after the date of the incurrence of such indebtedness in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year; and (6) Provide a fund for education in cooperation and for the dissemination of information concerning the effective use and conservation of electric power and energy and concerning any other services made available by the cooperative; shall be distributed by the cooperative to patrons in the manner provided for in the bylaws, either: (A) As patronage refunds prorated in accordance with the patronage of the cooperative by the respective patrons paid for during or with respect to such fiscal year; (B) By way of general reductions of rates or other charges; or (C) By any combination of methods in (b)(1)-(3).
(1) Defray expenses of the cooperative, including the operation and maintenance of its facilities during such fiscal year;
(2) Pay interest and principal obligations of the cooperative coming due in such fiscal year;
(3) Finance, or to provide a reserve to finance, the construction or acquisition by the cooperative of additional facilities to the extent determined by the board;
(4) Provide a reasonable reserve for working capital;
(5) Provide a reserve for the payment of indebtedness of the cooperative maturing more than one (1) year after the date of the incurrence of such indebtedness in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year; and
(6) Provide a fund for education in cooperation and for the dissemination of information concerning the effective use and conservation of electric power and energy and concerning any other services made available by the cooperative; shall be distributed by the cooperative to patrons in the manner provided for in the bylaws, either: (A) As patronage refunds prorated in accordance with the patronage of the cooperative by the respective patrons paid for during or with respect to such fiscal year; (B) By way of general reductions of rates or other charges; or (C) By any combination of methods in (b)(1)-(3).
shall be distributed by the cooperative to patrons in the manner provided for in the bylaws, either:
(A) As patronage refunds prorated in accordance with the patronage of the cooperative by the respective patrons paid for during or with respect to such fiscal year;
(B) By way of general reductions of rates or other charges; or
(C) By any combination of methods in (b)(1)-(3).
(b) With respect to the supplying or furnishing of services in pursuance of one (1) or more secondary purposes, the revenues of a cooperative shall, as separately accounted for and determined for each such service, be first applied as provided in subdivisions (a)(1)-(6) and then distributed to the patrons of each such service in the manner provided for in the bylaws, either: (1) As patronage refunds prorated in accordance with the patronage of the cooperative by the respective patrons paid for during or with respect to such fiscal year; (2) By way of general reductions of rates or other charges; (3) By crediting patrons with having furnished the cooperative capital in amounts equal to the amounts of their patronage not refunded pursuant to subdivision (b)(1) and not used for general reduction of rates or other changes pursuant to subdivision (b)(2), all or any portion of such capital to be redeemable and be retired at such later time as the board in its sole discretion determines that such will not impair the cooperative's financial condition and will be in the cooperative's best interests; or (4) By any combination of methods in subdivisions (b)(1)-(3).
(1) As patronage refunds prorated in accordance with the patronage of the cooperative by the respective patrons paid for during or with respect to such fiscal year;
(2) By way of general reductions of rates or other charges;
(3) By crediting patrons with having furnished the cooperative capital in amounts equal to the amounts of their patronage not refunded pursuant to subdivision (b)(1) and not used for general reduction of rates or other changes pursuant to subdivision (b)(2), all or any portion of such capital to be redeemable and be retired at such later time as the board in its sole discretion determines that such will not impair the cooperative's financial condition and will be in the cooperative's best interests; or
(4) By any combination of methods in subdivisions (b)(1)-(3).
(c) Nothing contained in subsection (a) or (b) shall be construed to prohibit the payment by a cooperative of all or any part of its indebtedness prior to the date when the same shall become due.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-212 .
Tenn. Code Ann. § 65-2-112 — TN Code / Title 65 / Chapter 2 / Section 65-2-112
Decisions and orders in contested cases
Status: in_force

Every final decision or order rendered by the commission in a contested case shall be in writing, or stated in the record, and shall contain a statement of the findings of fact and conclusions of law upon which the decision of the commission is based. Copies of such decisions or orders shall be delivered or mailed to each party or to the party's attorney of record. Acts 1953, ch. 162, § 12 (Williams, § 5501.35); T.C.A. (orig. ed.), § 65-212; Acts 1995, ch. 305, § 9.
Every final decision or order rendered by the commission in a contested case shall be in writing, or stated in the record, and shall contain a statement of the findings of fact and conclusions of law upon which the decision of the commission is based. Copies of such decisions or orders shall be delivered or mailed to each party or to the party's attorney of record.
Acts 1953, ch. 162, § 12 (Williams, § 5501.35); T.C.A. (orig. ed.), § 65-212; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-7-107 — TN Code / Title 65 / Chapter 7 / Section 65-7-107
Notice of election
Status: in_force

The election shall be advertised at least thirty (30) days beforehand, by notice published in a newspaper of the county, if there is one, or if not, posted at the different places of voting, specifying the time it is to be held, for what railroad, and the amount of stock proposed to be taken. Acts 1887, ch. 3, § 6; Shan., § 1564; Code 1932, § 2618; T.C.A. (orig. ed.), § 65-707.
The election shall be advertised at least thirty (30) days beforehand, by notice published in a newspaper of the county, if there is one, or if not, posted at the different places of voting, specifying the time it is to be held, for what railroad, and the amount of stock proposed to be taken.
Acts 1887, ch. 3, § 6; Shan., § 1564; Code 1932, § 2618; T.C.A. (orig. ed.), § 65-707.
Tenn. Code Ann. § 65-17-112 — TN Code / Title 65 / Chapter 17 / Section 65-17-112
Chapter applicability
Status: in_force

This chapter shall apply in the geographical boundaries of local governments whose local legislative bodies adopt local legislation pursuant to § 65-17-105 . Once adopted, local legislation may only be revoked by the same method used to adopt it. Acts 2018, ch. 825, § 12.
This chapter shall apply in the geographical boundaries of local governments whose local legislative bodies adopt local legislation pursuant to § 65-17-105 . Once adopted, local legislation may only be revoked by the same method used to adopt it.
Acts 2018, ch. 825, § 12.
Tenn. Code Ann. § 65-25-122 — TN Code / Title 65 / Chapter 25 / Section 65-25-122
Taxes
Status: in_force

(a) Nothing in this chapter shall exempt cooperatives and foreign corporations transacting business in this state pursuant to this chapter from ad valorem property taxes. Assessment schedules for such property that is devoted to and used or useful in pursuance of the primary purpose shall be filed with the comptroller of the treasury, and the payment of such taxes shall be in lieu of all other taxes of every kind or nature whatever, unless it is otherwise specifically provided by law that such other tax or taxes shall be applicable to cooperatives formed or foreign corporations transacting business pursuant to this chapter. (b) Assessment schedules for such property that is devoted and used or useful in pursuance of one (1) or more secondary purposes shall be filed in the same manner and in the same places, and taxes on such properties shall be paid to the same authorities and to the same extent, as would be the case were such cooperative or foreign corporation organized and operating as a corporation under the Tennessee Business Corporation Act, compiled in title 48, chapters 11-27. Amended by 2016 Tenn. Acts, ch. 937,s 1, eff. 4/27/2016. Acts 1988, ch. 689, § 2; 1995, ch. 305, § 34; T.C.A. § 65-25-222 .
(a) Nothing in this chapter shall exempt cooperatives and foreign corporations transacting business in this state pursuant to this chapter from ad valorem property taxes. Assessment schedules for such property that is devoted to and used or useful in pursuance of the primary purpose shall be filed with the comptroller of the treasury, and the payment of such taxes shall be in lieu of all other taxes of every kind or nature whatever, unless it is otherwise specifically provided by law that such other tax or taxes shall be applicable to cooperatives formed or foreign corporations transacting business pursuant to this chapter.
(b) Assessment schedules for such property that is devoted and used or useful in pursuance of one (1) or more secondary purposes shall be filed in the same manner and in the same places, and taxes on such properties shall be paid to the same authorities and to the same extent, as would be the case were such cooperative or foreign corporation organized and operating as a corporation under the Tennessee Business Corporation Act, compiled in title 48, chapters 11-27.
Amended by 2016 Tenn. Acts, ch. 937,s 1, eff. 4/27/2016.
Acts 1988, ch. 689, § 2; 1995, ch. 305, § 34; T.C.A. § 65-25-222 .
Tenn. Code Ann. § 65-11-111 — TN Code / Title 65 / Chapter 11 / Section 65-11-111
Apportionment of cost of eliminating grade crossing
Status: in_force

Each railroad company owning or operating the track or tracks at any grade crossing ordered or agreed to be eliminated under this chapter shall bear fifty percent (50%) of the total cost of the elimination of any such grade crossing, the total cost to include the cost of the construction of the underpass or overpass substituted for the grade crossing, of the approaches thereto, of the surveys and preparations of the plans and estimates of cost for such underpass or overpass crossing ordered by the commissioner of transportation or the commissioner's designee, and of any revision of the grade and layout of the railroad tracks directly made necessary by such grade separation, but shall not include the cost of metal surfacing or road pavement required in accomplishing the elimination of any grade crossing; provided, that any disagreement between the commissioner or the commissioner's designee and the railroad company affected with regard to the extent or cost of any such revision of the grade and layout of the railroad tracks directly made necessary by any grade separation, shall be resolved by the commissioner, and the commissioner's decision shall be final. The remaining fifty percent (50%) of the total cost shall be borne out of the public funds as a part of the cost of the highway of which the crossing is a part; provided, that a detailed statement of the expense of all that part of the construction of such underpass or overpass crossing, including the preparation of the detailed plans and specifications, etc., which is conducted by the railroad company, shall be submitted to the commissioner or the commissioner's designee, duly sworn to by some official of the railroad company, having knowledge of the facts; and provided, further, that this provision for the division of cost between the public and the railroad company shall apply only to crossings already in existence or hereafter made, or proposed over railroad tracks in existence at the date of the order for elimination thereof, and shall not apply to any crossing of any highway by any railroad track not in existence at the date of the designation of such highway as a part of the state highway system by the department of transportation. Acts 1921, ch. 132, § 4; 1925, ch. 88, § 1; Shan. Supp., § 1582a6; mod. Code 1932, § 2642; 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.), § 65-1111; Acts 1995, ch. 305, § 28.
Each railroad company owning or operating the track or tracks at any grade crossing ordered or agreed to be eliminated under this chapter shall bear fifty percent (50%) of the total cost of the elimination of any such grade crossing, the total cost to include the cost of the construction of the underpass or overpass substituted for the grade crossing, of the approaches thereto, of the surveys and preparations of the plans and estimates of cost for such underpass or overpass crossing ordered by the commissioner of transportation or the commissioner's designee, and of any revision of the grade and layout of the railroad tracks directly made necessary by such grade separation, but shall not include the cost of metal surfacing or road pavement required in accomplishing the elimination of any grade crossing; provided, that any disagreement between the commissioner or the commissioner's designee and the railroad company affected with regard to the extent or cost of any such revision of the grade and layout of the railroad tracks directly made necessary by any grade separation, shall be resolved by the commissioner, and the commissioner's decision shall be final. The remaining fifty percent (50%) of the total cost shall be borne out of the public funds as a part of the cost of the highway of which the crossing is a part; provided, that a detailed statement of the expense of all that part of the construction of such underpass or overpass crossing, including the preparation of the detailed plans and specifications, etc., which is conducted by the railroad company, shall be submitted to the commissioner or the commissioner's designee, duly sworn to by some official of the railroad company, having knowledge of the facts; and provided, further, that this provision for the division of cost between the public and the railroad company shall apply only to crossings already in existence or hereafter made, or proposed over railroad tracks in existence at the date of the order for elimination thereof, and shall not apply to any crossing of any highway by any railroad track not in existence at the date of the designation of such highway as a part of the state highway system by the department of transportation.
Acts 1921, ch. 132, § 4; 1925, ch. 88, § 1; Shan. Supp., § 1582a6; mod. Code 1932, § 2642; 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.), § 65-1111; Acts 1995, ch. 305, § 28.