Tenn. Code Ann. § 65-15-113 — TN Code / Title 65 / Chapter 15 / Section 65-15-113
Penalties for violations
Status: in_force

(a) Notwithstanding chapter 591, § 113 of the Public Acts of 1989, every officer, agent or employee of any corporation, or any other person who knowingly violates or fails to comply with or who procures, aids or abets in the violation of this part, commits a Class B misdemeanor, and upon conviction thereof for the first offense shall be punished by a fine of not less than twenty-five dollars ($25.00), for the second offense shall be punished by a fine of not less than fifty dollars ($50.00), and for the third offense be punished by a fine not less than one hundred dollars ($100). Each day any such provision is violated is a separate offense. (b) Every officer, agent or employee of any corporation and every other person who knowingly fails to obey, observe or comply with any order, decision, rule, regulation, direction, demand or requirement of the department made in pursuance of the power and authority conferred by this part, commits a Class B misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment not to exceed six (6) months, or both, in the discretion of the court. Each day any such order, decision, rule or regulation, etc., of the department of safety is violated, is a separate offense. The fact that there may have been a prosecution for the violation of any such order, decision, rule or regulation, etc., of the department of safety under this section does not operate to prevent or limit the commissioner of safety from requesting that the commissioner of revenue suspend or revoke the interstate permit or intrastate permit, or both, as provided in this part and, upon receipt of such a request from the commissioner of safety, the commissioner of revenue shall immediately make the suspension or revocation requested. Acts 1933, ch. 119, § 11; C. Supp. 1950, § 5501.12 (Williams, § 5501.11); Acts 1972, ch. 632, §§ 1-4; 1979, ch. 424, § 3; T.C.A. (orig. ed.), § 65-1515; Acts 1985, ch. 111, § 1; 1988, ch. 817, §§ 5, 6; 1993, ch. 270, § 1; 1993, ch. 327, § 5; 1994, ch. 705, §§ 1, 2; 1995, ch. 305, § 30; 1999, ch. 97, §§ 18, 19; 2005, ch. 400, § 1; 2007 , ch. 484, § 101; 2010 , ch. 986, § 1.
(a) Notwithstanding chapter 591, § 113 of the Public Acts of 1989, every officer, agent or employee of any corporation, or any other person who knowingly violates or fails to comply with or who procures, aids or abets in the violation of this part, commits a Class B misdemeanor, and upon conviction thereof for the first offense shall be punished by a fine of not less than twenty-five dollars ($25.00), for the second offense shall be punished by a fine of not less than fifty dollars ($50.00), and for the third offense be punished by a fine not less than one hundred dollars ($100). Each day any such provision is violated is a separate offense.
(b) Every officer, agent or employee of any corporation and every other person who knowingly fails to obey, observe or comply with any order, decision, rule, regulation, direction, demand or requirement of the department made in pursuance of the power and authority conferred by this part, commits a Class B misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment not to exceed six (6) months, or both, in the discretion of the court. Each day any such order, decision, rule or regulation, etc., of the department of safety is violated, is a separate offense. The fact that there may have been a prosecution for the violation of any such order, decision, rule or regulation, etc., of the department of safety under this section does not operate to prevent or limit the commissioner of safety from requesting that the commissioner of revenue suspend or revoke the interstate permit or intrastate permit, or both, as provided in this part and, upon receipt of such a request from the commissioner of safety, the commissioner of revenue shall immediately make the suspension or revocation requested.
Acts 1933, ch. 119, § 11; C. Supp. 1950, § 5501.12 (Williams, § 5501.11); Acts 1972, ch. 632, §§ 1-4; 1979, ch. 424, § 3; T.C.A. (orig. ed.), § 65-1515; Acts 1985, ch. 111, § 1; 1988, ch. 817, §§ 5, 6; 1993, ch. 270, § 1; 1993, ch. 327, § 5; 1994, ch. 705, §§ 1, 2; 1995, ch. 305, § 30; 1999, ch. 97, §§ 18, 19; 2005, ch. 400, § 1; 2007 , ch. 484, § 101; 2010 , ch. 986, § 1.
Tenn. Code Ann. § 65-21-105 — TN Code / Title 65 / Chapter 21 / Section 65-21-105
Use of poles of other companies
Status: in_force

No telegraph or telephone company, or other such company, shall be permitted to attach its lines to, or otherwise use, the poles of any other telegraph or telephone company without the consent of such company being first had and obtained. Acts 1885, ch. 135, § 1; Shan., § 1869; Code 1932, § 3135; T.C.A. (orig. ed.), § 65-2110.
No telegraph or telephone company, or other such company, shall be permitted to attach its lines to, or otherwise use, the poles of any other telegraph or telephone company without the consent of such company being first had and obtained.
Acts 1885, ch. 135, § 1; Shan., § 1869; Code 1932, § 3135; T.C.A. (orig. ed.), § 65-2110.
Tenn. Code Ann. § 65-6-115 — TN Code / Title 65 / Chapter 6 / Section 65-6-115
Gauge of road
Status: in_force

Any railroad corporation, whose line is located wholly or partly in the state, may adopt such gauge or gauges as its authorities may choose, and may alter the same at pleasure. Acts 1885, ch. 20, § 1; Shan., § 2414; Code 1932, § 4004; T.C.A. (orig. ed.), § 65-618.
Any railroad corporation, whose line is located wholly or partly in the state, may adopt such gauge or gauges as its authorities may choose, and may alter the same at pleasure.
Acts 1885, ch. 20, § 1; Shan., § 2414; Code 1932, § 4004; T.C.A. (orig. ed.), § 65-618.
Tenn. Code Ann. § 65-37-102 — TN Code / Title 65 / Chapter 37 / Section 65-37-102
Price discrimination
Status: in_force

(a) Price differences among retail telecommunications customers shall be strictly prohibited, to the extent that such differences are attributable to race, creed, color, religion, sex or national origin. All other differences in pricing among retail telecommunications customers, as of May 28, 2005, shall be presumed to be a function of the competitive market. This presumption may be rebutted by evidence of price discrimination as prohibited by state law. (b) Nothing in this section shall alter or expand the jurisdiction of the Tennessee public utility commission to hear complaints alleging price discrimination as prohibited by state law in 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 determining whether differences in pricing among retail telecommunications customers constitute price discrimination as prohibited by state law, the commission shall consider all relevant factors, including, but not limited to, whether: (1) Customers have been or will be injured as a result of the alleged price differences; (2) There is a legitimate business reason to distinguish between the customers who are being treated differently; (3) Customers who are being treated differently are similarly situated; (4) Customers may choose a functionally equivalent service from an alternative service provider at substantially the same price and terms; and (5) The commission has determined previously that existing and potential competition is an effective regulator of the price of the service that is the subject of the complaint. Acts 2005, ch. 270, § 3.
(a) Price differences among retail telecommunications customers shall be strictly prohibited, to the extent that such differences are attributable to race, creed, color, religion, sex or national origin. All other differences in pricing among retail telecommunications customers, as of May 28, 2005, shall be presumed to be a function of the competitive market. This presumption may be rebutted by evidence of price discrimination as prohibited by state law.
(b) Nothing in this section shall alter or expand the jurisdiction of the Tennessee public utility commission to hear complaints alleging price discrimination as prohibited by state law in 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 determining whether differences in pricing among retail telecommunications customers constitute price discrimination as prohibited by state law, the commission shall consider all relevant factors, including, but not limited to, whether: (1) Customers have been or will be injured as a result of the alleged price differences; (2) There is a legitimate business reason to distinguish between the customers who are being treated differently; (3) Customers who are being treated differently are similarly situated; (4) Customers may choose a functionally equivalent service from an alternative service provider at substantially the same price and terms; and (5) The commission has determined previously that existing and potential competition is an effective regulator of the price of the service that is the subject of the complaint.
(1) Customers have been or will be injured as a result of the alleged price differences;
(2) There is a legitimate business reason to distinguish between the customers who are being treated differently;
(3) Customers who are being treated differently are similarly situated;
(4) Customers may choose a functionally equivalent service from an alternative service provider at substantially the same price and terms; and
(5) The commission has determined previously that existing and potential competition is an effective regulator of the price of the service that is the subject of the complaint.
Acts 2005, ch. 270, § 3.
Tenn. Code Ann. § 65-36-107 — TN Code / Title 65 / Chapter 36 / Section 65-36-107
Competitive consequences of agreement
Status: in_force

In the exercise of their respective powers and authority, jointly and severally, under interlocal cooperation agreements entered into under the authority of this chapter and title 12, chapter 9, electric cooperatives and municipal utilities and any separate entity or body created under § 12-9-104(c) , may exercise such powers and authority regardless of the competitive consequences thereof. Acts 1997, ch. 520, § 7.
In the exercise of their respective powers and authority, jointly and severally, under interlocal cooperation agreements entered into under the authority of this chapter and title 12, chapter 9, electric cooperatives and municipal utilities and any separate entity or body created under § 12-9-104(c) , may exercise such powers and authority regardless of the competitive consequences thereof.
Acts 1997, ch. 520, § 7.
Tenn. Code Ann. § 65-4-203 — TN Code / Title 65 / Chapter 4 / Section 65-4-203
Basis for granting certificate - Notice of hearing
Status: in_force

(a) The commission shall not grant a certificate for a proposed route, plant, line, or system, or extension thereof, which will be in competition with any other route, plant, line, or system, unless it shall first determine that the facilities of the existing route, plant, line, or system are inadequate to meet the reasonable needs of the public, or the public utility operating the same refuses or neglects or is unable to or has refused or neglected, after reasonable opportunity after notice, to make such additions and extensions as may reasonably be required under this part. (b) In all proceedings under this section, the commission shall give at least ten (10) days' notice to the authorities of, and the public utilities operating in, the municipality or territory affected. (c) This section shall not apply to telecommunications service providers. Acts 1923, ch. 87, § 2; Shan. Supp., § 1843a3; Code 1932, § 5504; T.C.A. (orig. ed.), § 65-417; Acts 1995, ch. 305, § 20; 1995, ch. 408, § 5.
(a) The commission shall not grant a certificate for a proposed route, plant, line, or system, or extension thereof, which will be in competition with any other route, plant, line, or system, unless it shall first determine that the facilities of the existing route, plant, line, or system are inadequate to meet the reasonable needs of the public, or the public utility operating the same refuses or neglects or is unable to or has refused or neglected, after reasonable opportunity after notice, to make such additions and extensions as may reasonably be required under this part.
(b) In all proceedings under this section, the commission shall give at least ten (10) days' notice to the authorities of, and the public utilities operating in, the municipality or territory affected.
(c) This section shall not apply to telecommunications service providers.
Acts 1923, ch. 87, § 2; Shan. Supp., § 1843a3; Code 1932, § 5504; T.C.A. (orig. ed.), § 65-417; Acts 1995, ch. 305, § 20; 1995, ch. 408, § 5.
Tenn. Code Ann. § 65-4-105 — TN Code / Title 65 / Chapter 4 / Section 65-4-105
Extent of regulatory power of commission
Status: in_force

(a) In addition to the power conferred by this chapter on the commission, it shall possess with reference to all public utilities within its jurisdiction all the other powers conferred with reference to railroads regulated by the department of transportation or transportation companies regulated by the department of safety as provided by chapters 3 and 5 of this title. (b) Where any existing contract between any public utility and any municipality specifies that particular things, other than charging certain rates, tolls or fares, shall continue to be done by such public utility, or the nature, kind, and quality of any particular service to be rendered by the public utility to the municipality or its people, nothing in this section nor in this title shall be construed to authorize the commission to excuse such public utility from continuing to do such specified things or from continuing to render and perform the service of at least the nature, kind and quality specified in any such existing contract; but, all these things involving the cost of the service shall be taken into consideration by the commission in exercising its power to pass upon the reasonableness of any rate, fare, or charge hereafter to be made by such public utility. (c) No provision of this section or of this title shall be construed to alter or impair any existing contract between any public utility and any municipality whereby it has been agreed that any payments of money, in addition to proper ad valorem taxes, shall be made by any such public utility to or for the benefit of any such municipality or its people, but all such things, involving the cost of the service, shall be taken into consideration by the commission in exercising its power to pass upon the reasonableness of any rate, fare or charge hereafter to be made by such public utility. (d) When any public utility regulated by the commission supplies its services to consumers who use solar or wind-powered equipment as a source of energy, such public utility shall not discriminate against such consumers by its rates, fees or charges or by altering the availability or quality of energy. Any consumer who uses solar, wind power, or other auxiliary source of energy shall install and operate the equipment, property, or appliance for such energy source in compliance with any state or local code or regulation applicable to the safe operation of such equipment, property, or appliance. (e) Any franchise payment or other payment for the use of public streets, alleys or other public places or any license, privilege, occupation or excise tax payment, which after February 24, 1961, may be made by a utility to a municipality or other political subdivision, except such taxes as are presently provided for under existing statutes and except such franchise payment or other payments as are presently exacted from the utility pursuant to the terms of any existing franchise or other agreement, shall, insofar as practicable, be billed pro rata to the utility customers receiving local service within the municipality or political subdivision receiving such payments, and shall not otherwise be considered by the commission in fixing the rates and charges of the utility. (f) The commission shall further have jurisdiction over all utility districts created pursuant to Tennessee law, to the extent that the exercise of such jurisdiction is provided by title 7, chapter 82 and chapter 51 of the Public Acts of 1951 as provided in this chapter or as amended. Acts 1919, ch. 49, § 11; Shan. Supp., § 3059a94; Code 1932, § 5457; Acts 1961, ch. 123, § 1; 1973, ch. 249, § 2; 1980, ch. 756, § 2; T.C.A. (orig. ed.), § 65-405; Acts 1995, ch. 305, §§ 15, 20.
(a) In addition to the power conferred by this chapter on the commission, it shall possess with reference to all public utilities within its jurisdiction all the other powers conferred with reference to railroads regulated by the department of transportation or transportation companies regulated by the department of safety as provided by chapters 3 and 5 of this title.
(b) Where any existing contract between any public utility and any municipality specifies that particular things, other than charging certain rates, tolls or fares, shall continue to be done by such public utility, or the nature, kind, and quality of any particular service to be rendered by the public utility to the municipality or its people, nothing in this section nor in this title shall be construed to authorize the commission to excuse such public utility from continuing to do such specified things or from continuing to render and perform the service of at least the nature, kind and quality specified in any such existing contract; but, all these things involving the cost of the service shall be taken into consideration by the commission in exercising its power to pass upon the reasonableness of any rate, fare, or charge hereafter to be made by such public utility.
(c) No provision of this section or of this title shall be construed to alter or impair any existing contract between any public utility and any municipality whereby it has been agreed that any payments of money, in addition to proper ad valorem taxes, shall be made by any such public utility to or for the benefit of any such municipality or its people, but all such things, involving the cost of the service, shall be taken into consideration by the commission in exercising its power to pass upon the reasonableness of any rate, fare or charge hereafter to be made by such public utility.
(d) When any public utility regulated by the commission supplies its services to consumers who use solar or wind-powered equipment as a source of energy, such public utility shall not discriminate against such consumers by its rates, fees or charges or by altering the availability or quality of energy. Any consumer who uses solar, wind power, or other auxiliary source of energy shall install and operate the equipment, property, or appliance for such energy source in compliance with any state or local code or regulation applicable to the safe operation of such equipment, property, or appliance.
(e) Any franchise payment or other payment for the use of public streets, alleys or other public places or any license, privilege, occupation or excise tax payment, which after February 24, 1961, may be made by a utility to a municipality or other political subdivision, except such taxes as are presently provided for under existing statutes and except such franchise payment or other payments as are presently exacted from the utility pursuant to the terms of any existing franchise or other agreement, shall, insofar as practicable, be billed pro rata to the utility customers receiving local service within the municipality or political subdivision receiving such payments, and shall not otherwise be considered by the commission in fixing the rates and charges of the utility.
(f) The commission shall further have jurisdiction over all utility districts created pursuant to Tennessee law, to the extent that the exercise of such jurisdiction is provided by title 7, chapter 82 and chapter 51 of the Public Acts of 1951 as provided in this chapter or as amended.
Acts 1919, ch. 49, § 11; Shan. Supp., § 3059a94; Code 1932, § 5457; Acts 1961, ch. 123, § 1; 1973, ch. 249, § 2; 1980, ch. 756, § 2; T.C.A. (orig. ed.), § 65-405; Acts 1995, ch. 305, §§ 15, 20.
Tenn. Code Ann. § 65-15-110 — TN Code / Title 65 / Chapter 15 / Section 65-15-110
[For contingent operation, see the Compiler's Notes.] Liability insurance requirements
Status: in_force

(a) No interstate or intrastate permit shall be issued by the department until such carrier shall have filed with the department, and the department shall have approved, a policy of liability insurance or bond and also, in the case of intrastate common carriers, a policy of cargo or passenger insurance in some reliable insurance company or association or other insurer satisfactory to the department and authorized to transact insurance business in this state, in such amount and such forms and upon such conditions as the department may deem necessary to adequately protect the interests of the public in the use of the public highway and with due regard to the number of persons and the amount of property to be transported, which liability or cargo insurance shall bind the obligors thereunder to make compensation for injury to persons, and loss of or damage to property resulting from the negligent operation by such motor carrier or contract hauler. No other or additional policies of insurance, bonds, or licenses than those prescribed herein shall be required of any motor carrier or contract hauler to which this chapter applies by any city, town or other subdivision of this state; provided, that this section shall not be so construed as to interfere with the right of any county, city or other civil subdivision of this state, to levy and collect any lawful tax to which such motor carrier or contract hauler is liable under the general revenue laws of this state within such county, state or other civil subdivision. (b) [For contingent operation, see the Compiler's notes.] Any operator of a whitewater rafting outfitting company or other paddle and floating water activity operator who provides services to consumers on intrastate waterways and who transports customers distances not to exceed twenty-five (25) miles by motor carrier shall have filed with the department, and the department shall have approved, a policy of liability insurance in the amount of not less than one million dollars ($1,000,000). Such policy of insurance shall meet the requirements of subsection (a) and shall bind the obligors thereunder to make compensation for injury to persons and for loss of or damage to property resulting from the negligent operation by such operator. Acts 1933, ch. 119, § 9; C. Supp. 1950, § 5501.10 (Williams, § 5501.9); impl. am. Acts 1955, ch. 9, § 1; T.C.A. (orig. ed.), § 65-1512; Acts 1995, ch. 305, § 30; 1999, ch. 97, § 15; 2001, ch. 190, § 1.
(a) No interstate or intrastate permit shall be issued by the department until such carrier shall have filed with the department, and the department shall have approved, a policy of liability insurance or bond and also, in the case of intrastate common carriers, a policy of cargo or passenger insurance in some reliable insurance company or association or other insurer satisfactory to the department and authorized to transact insurance business in this state, in such amount and such forms and upon such conditions as the department may deem necessary to adequately protect the interests of the public in the use of the public highway and with due regard to the number of persons and the amount of property to be transported, which liability or cargo insurance shall bind the obligors thereunder to make compensation for injury to persons, and loss of or damage to property resulting from the negligent operation by such motor carrier or contract hauler. No other or additional policies of insurance, bonds, or licenses than those prescribed herein shall be required of any motor carrier or contract hauler to which this chapter applies by any city, town or other subdivision of this state; provided, that this section shall not be so construed as to interfere with the right of any county, city or other civil subdivision of this state, to levy and collect any lawful tax to which such motor carrier or contract hauler is liable under the general revenue laws of this state within such county, state or other civil subdivision.
(b) [For contingent operation, see the Compiler's notes.] Any operator of a whitewater rafting outfitting company or other paddle and floating water activity operator who provides services to consumers on intrastate waterways and who transports customers distances not to exceed twenty-five (25) miles by motor carrier shall have filed with the department, and the department shall have approved, a policy of liability insurance in the amount of not less than one million dollars ($1,000,000). Such policy of insurance shall meet the requirements of subsection (a) and shall bind the obligors thereunder to make compensation for injury to persons and for loss of or damage to property resulting from the negligent operation by such operator.
Acts 1933, ch. 119, § 9; C. Supp. 1950, § 5501.10 (Williams, § 5501.9); impl. am. Acts 1955, ch. 9, § 1; T.C.A. (orig. ed.), § 65-1512; Acts 1995, ch. 305, § 30; 1999, ch. 97, § 15; 2001, ch. 190, § 1.
Tenn. Code Ann. § 65-25-105 — TN Code / Title 65 / Chapter 25 / Section 65-25-105
Powers of cooperative - Effect of chapter on third-party contractors
Status: in_force

(a) Not inconsistent with or in lieu of, but in addition to, the powers set forth in title 48, chapter 53, a cooperative has the power to: (1) Have a corporate seal and alter the same at will; provided, that it need not have, nor shall it for any purpose be necessary for it to use, such a seal; (2) Become a member in or stockholder of one (1) or more other nonprofit cooperatives, corporations or other legal entities and to own the same, wholly or in part; (3) Solely on its own, or jointly, as tenant in common or as a partner with one (1) or more other entities, construct, purchase, take, receive, lease as lessee or lessor, or otherwise acquire, and own, hold, use, equip, maintain, and operate and sell, assign, transfer, convey, exchange, lease back, mortgage, pledge, or otherwise dispose of or encumber any and all property, of whatever kind or nature and of whatever estate, real and personal, tangible and intangible, including choses in action; (4) Purchase or otherwise acquire, and own, lease as lessor or lessee, lease back, hold, use, and exercise, and sell, assign, transfer, convey, mortgage, pledge, hypothecate, or otherwise dispose of or encumber, franchises, rights, privileges, licenses, rights-of-way, and easements; (5) Secure any of its liabilities or obligations by mortgage, pledge, deed of trust, or any other encumbrance upon any or all of its then-owned or after-acquired real or personal property, assets, franchises, revenues, or income; (6) Make any and all contracts necessary or convenient for the full exercise of the powers in this chapter granted, including, but not limited to, contracts with any person, federal agency, or municipality, for the purchase or sale of electric power and energy and, in connection with any such electric power and energy contract, stipulate and agree to such covenants, terms, and conditions as the board may deem appropriate, including covenants, terms, and conditions with respect to resale rates, financial and accounting methods, services, operation and maintenance practices, and, consistent with § 65-25-112 , the manner of disposing of the revenues of the properties operated and maintained by the cooperative; (7) Conduct its business and exercise any or all of its powers within or without this state; (8) Adopt, amend, and repeal bylaws; (9) Organize and promote and otherwise foster and participate in, through membership or ownership, including stock ownership, community, regional, or statewide or national organizations whose purposes are or include the promotion and assistance of economic, industrial or commercial development which the board of the cooperative determines will, or likely will, result in economic benefits to the cooperative or its members; (10) Do and perform any and all other acts and things and have and exercise any and all other powers which may be necessary, convenient, or appropriate to accomplish the cooperative's purpose or purposes; (11) With respect to a primary purpose and the secondary purpose of supplying telecommunications and broadband internet access and related services, but without limiting the generality or particularity of subdivisions (a)(1)-(10), construct, maintain, and operate, and allow others, so long as such others are permitted by law to operate such systems within the cooperative's service area, to operate, electric, or other telecommunications or broadband internet access and related services transmission and distribution lines or other conducting or communications facilities along, upon, under, and across all of the following: (A) Real property, personal property, rights of way and easements owned, held, or otherwise used by the cooperative. Any easement owned, held, or otherwise used by the cooperative in pursuit of a primary purpose may be used for any secondary purpose; and (B) Public thoroughfares, including, but not limited to, all roads, highways, streets, alleys, bridges, and causeways and publicly owned lands if the applicable authorities having jurisdiction over the public thoroughfares and lands consent, but consent shall not be unreasonably withheld or conditioned for the purpose of enabling the authority to gain competitive advantage with respect to the rendition by the authority or any other entity of a service that the cooperative also has a right to render; and (12) With respect to a primary purpose, but without limiting the generality or particularity of subdivisions (a)(1)-(11): (A) Generate, manufacture, purchase, acquire, and transmit, and transform, supply, distribute, furnish, deliver, sell, and dispose of, electric power and energy; (B) Make loans to persons to whom electric power or energy is or will be supplied by the cooperative for the purpose of, and otherwise to assist such persons in, wiring their premises and installing therein electric and plumbing fixtures, appliances, apparatus, and equipment of any and all kinds and character, and, in connection therewith, purchase, acquire, lease, sell, distribute, install, and repair such electric and plumbing fixtures, appliances, apparatus, and equipment, and accept, or otherwise acquire, and sell, assign, transfer, endorse, pledge, hypothecate and otherwise dispose of, notes, bonds and other evidences of indebtedness and any and all types of security therefor; and (C) Condemn either the fee or such other right, title, interest or easement in and to property as the board may deem necessary, and such property or interest in such property may be so acquired, whether or not the same is owned or held for public use by corporations, associations, cooperatives or persons having the power of eminent domain, or otherwise held or used for public purposes, and such power of condemnation may be exercised in the mode of procedure prescribed by title 29, chapter 16, or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain; provided, that no property which is owned or held for public use, nor any interest therein, shall be condemned if, in the judgment of the court the condemnation of such property or interest therein will obstruct, prevent, burden, interfere with, or unduly inconvenience the continued use of such property for the public use to which it is devoted at the time the same is sought to be condemned; provided further, that where title to any property sought to be condemned is defective, it shall be passed by decree of court; provided further, that where condemnation proceedings become necessary, the court in which such proceedings are filed shall, upon application by the cooperative and upon the posting of a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property, order that the right of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just; but provided further, that in cases where condemnation of property already devoted to a public use is sought, no order as to right of possession shall issue until it is finally determined that the condemnor is entitled to condemn such property. The power of eminent domain provided by this subdivision (a)(12)(C) shall be supplemental to, not in lieu of or in conflict with, § 48-51-103 of the Tennessee Nonprofit Corporation Act. (b) All of the powers conferred by this section are to be exercised by a cooperative for rendering one (1) or more services to persons who or which are its members and to other persons, not to exceed fifteen percent (15%) of the number of persons who or which are its members; provided, that whenever in the sole judgment of its board such is necessary to acquire or to protect and preserve a cooperative's exemption from federal income taxation relative to a primary or secondary purpose, a cooperative may require new nonmember patron applicants or existing nonmember patrons to become members as a condition of initially receiving or of continuing to receive such service. (c) This chapter does not affect, abrogate, or eliminate any obligation of a cooperative's third-party contractors that are permitted by law to operate within the cooperative's service area to comply with applicable permitting requirements that the cooperative is subject to with respect to property that is held or controlled by a railroad company. (d) (1) In addition to all other powers set forth in this chapter, a cooperative may make contributions for bona fide charitable purposes and accept excess receipts pursuant to programs approved by the board of directors, which programs may include, but are not limited to, programs in which bills for electric power are rounded up to the next dollar when the amount of any excess receipt due to rounding is shown as a separate line on the electric bill. (2) Excess receipts accepted by a cooperative pursuant to programs authorized by subdivision (d)(1) are not considered revenue to the cooperative and the cooperative may only use the excess receipts for charitable purposes. (3) This subsection (d) prohibits discrimination by a cooperative in the distribution of excess receipts for bona fide charitable purposes to organizations whose mission is to assist persons regardless of their race, color, creed, religion, national origin, gender, disability, or age. (4) (A) A cooperative that establishes a program authorized by subdivision (d)(1) on or after January 1, 2021, shall not enroll any customer into the program without the express consent of the customer. (B) A customer who is enrolled in a program authorized by subdivision (d)(1) may opt out of the program by providing notice to the cooperative of the customer's desire to cease participation in the program. (C) Upon receiving an opt-out notice from a customer, the cooperative shall remove the customer from enrollment in the program no later than the first day of the customer's next regular billing cycle that begins no fewer than thirty (30) days after the date of the customer's opt-out notice. (5) (A) Any cooperative that on June 3, 2019, utilizes a program authorized by subdivision (d)(1) and operates the program on an opt-out basis shall send a written notice to each cooperative customer no later than November 1, 2020, that contains, but is not limited to, the following information: (i) A statement that the cooperative utilizes a program authorized by subdivision (d)(1), the program is operated on an opt-out basis, and a description of the program; (ii) Notification that a customer whose bill is currently rounded up by the cooperative has the right to opt out of participation in the program; and (iii) Contact information for the cooperative and instructions on how the customer may contact the cooperative to opt out of participation in the program. (B) The written notice required by this subdivision (d)(5) may be provided to the customer by electronic means and may accompany a regular billing statement, at the discretion of the cooperative. (C) A cooperative that on June 3, 2019, utilizes a program authorized by subdivision (d)(1) and operates the program on an opt-out basis that fails to send the notice required by this subdivision (d)(5) shall, on and after January 1, 2021, cease operating the program on an opt-out basis and shall not operate a program unless operated in compliance with subdivision (d)(4). (6) Any cooperative that utilizes a program authorized by subdivision (d)(1) and that maintains a website that is accessible by the general public shall publish in a conspicuous location on the website by November 1, 2020, and throughout the duration of the cooperative's utilization of the program, the following information: (A) A statement that the cooperative utilizes a program authorized by subdivision (d)(1) and a description of the program; (B) Notification that a customer whose bill is currently rounded up by the cooperative has the right to opt out of participation in the program; and (C) Contact information for the cooperative and instructions on how the customer may contact the cooperative to opt into or out of participation in the program. Amended by 2020 Tenn. Acts, ch. 631, s 1, eff. 3/20/2020. Amended by 2019 Tenn. Acts, ch. 508, s 5, eff. 6/3/2019. Amended by 2018 Tenn. Acts, ch. 570, s 1, eff. 3/16/2018. Amended by 2017 Tenn. Acts, ch. 228, s 8, eff. 4/24/2017. Acts 1988, ch. 689, § 2; 1989, ch. 172, § 2; 1999, ch. 430, §1; 2000, ch. 592, § 2; 2000, ch. 665, § 1; 2002, ch. 512, §1; 2005, ch. 426, § 2; T.C.A. § 65-25-205 .
(a) Not inconsistent with or in lieu of, but in addition to, the powers set forth in title 48, chapter 53, a cooperative has the power to: (1) Have a corporate seal and alter the same at will; provided, that it need not have, nor shall it for any purpose be necessary for it to use, such a seal; (2) Become a member in or stockholder of one (1) or more other nonprofit cooperatives, corporations or other legal entities and to own the same, wholly or in part; (3) Solely on its own, or jointly, as tenant in common or as a partner with one (1) or more other entities, construct, purchase, take, receive, lease as lessee or lessor, or otherwise acquire, and own, hold, use, equip, maintain, and operate and sell, assign, transfer, convey, exchange, lease back, mortgage, pledge, or otherwise dispose of or encumber any and all property, of whatever kind or nature and of whatever estate, real and personal, tangible and intangible, including choses in action; (4) Purchase or otherwise acquire, and own, lease as lessor or lessee, lease back, hold, use, and exercise, and sell, assign, transfer, convey, mortgage, pledge, hypothecate, or otherwise dispose of or encumber, franchises, rights, privileges, licenses, rights-of-way, and easements; (5) Secure any of its liabilities or obligations by mortgage, pledge, deed of trust, or any other encumbrance upon any or all of its then-owned or after-acquired real or personal property, assets, franchises, revenues, or income; (6) Make any and all contracts necessary or convenient for the full exercise of the powers in this chapter granted, including, but not limited to, contracts with any person, federal agency, or municipality, for the purchase or sale of electric power and energy and, in connection with any such electric power and energy contract, stipulate and agree to such covenants, terms, and conditions as the board may deem appropriate, including covenants, terms, and conditions with respect to resale rates, financial and accounting methods, services, operation and maintenance practices, and, consistent with § 65-25-112 , the manner of disposing of the revenues of the properties operated and maintained by the cooperative; (7) Conduct its business and exercise any or all of its powers within or without this state; (8) Adopt, amend, and repeal bylaws; (9) Organize and promote and otherwise foster and participate in, through membership or ownership, including stock ownership, community, regional, or statewide or national organizations whose purposes are or include the promotion and assistance of economic, industrial or commercial development which the board of the cooperative determines will, or likely will, result in economic benefits to the cooperative or its members; (10) Do and perform any and all other acts and things and have and exercise any and all other powers which may be necessary, convenient, or appropriate to accomplish the cooperative's purpose or purposes; (11) With respect to a primary purpose and the secondary purpose of supplying telecommunications and broadband internet access and related services, but without limiting the generality or particularity of subdivisions (a)(1)-(10), construct, maintain, and operate, and allow others, so long as such others are permitted by law to operate such systems within the cooperative's service area, to operate, electric, or other telecommunications or broadband internet access and related services transmission and distribution lines or other conducting or communications facilities along, upon, under, and across all of the following: (A) Real property, personal property, rights of way and easements owned, held, or otherwise used by the cooperative. Any easement owned, held, or otherwise used by the cooperative in pursuit of a primary purpose may be used for any secondary purpose; and (B) Public thoroughfares, including, but not limited to, all roads, highways, streets, alleys, bridges, and causeways and publicly owned lands if the applicable authorities having jurisdiction over the public thoroughfares and lands consent, but consent shall not be unreasonably withheld or conditioned for the purpose of enabling the authority to gain competitive advantage with respect to the rendition by the authority or any other entity of a service that the cooperative also has a right to render; and (12) With respect to a primary purpose, but without limiting the generality or particularity of subdivisions (a)(1)-(11): (A) Generate, manufacture, purchase, acquire, and transmit, and transform, supply, distribute, furnish, deliver, sell, and dispose of, electric power and energy; (B) Make loans to persons to whom electric power or energy is or will be supplied by the cooperative for the purpose of, and otherwise to assist such persons in, wiring their premises and installing therein electric and plumbing fixtures, appliances, apparatus, and equipment of any and all kinds and character, and, in connection therewith, purchase, acquire, lease, sell, distribute, install, and repair such electric and plumbing fixtures, appliances, apparatus, and equipment, and accept, or otherwise acquire, and sell, assign, transfer, endorse, pledge, hypothecate and otherwise dispose of, notes, bonds and other evidences of indebtedness and any and all types of security therefor; and (C) Condemn either the fee or such other right, title, interest or easement in and to property as the board may deem necessary, and such property or interest in such property may be so acquired, whether or not the same is owned or held for public use by corporations, associations, cooperatives or persons having the power of eminent domain, or otherwise held or used for public purposes, and such power of condemnation may be exercised in the mode of procedure prescribed by title 29, chapter 16, or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain; provided, that no property which is owned or held for public use, nor any interest therein, shall be condemned if, in the judgment of the court the condemnation of such property or interest therein will obstruct, prevent, burden, interfere with, or unduly inconvenience the continued use of such property for the public use to which it is devoted at the time the same is sought to be condemned; provided further, that where title to any property sought to be condemned is defective, it shall be passed by decree of court; provided further, that where condemnation proceedings become necessary, the court in which such proceedings are filed shall, upon application by the cooperative and upon the posting of a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property, order that the right of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just; but provided further, that in cases where condemnation of property already devoted to a public use is sought, no order as to right of possession shall issue until it is finally determined that the condemnor is entitled to condemn such property. The power of eminent domain provided by this subdivision (a)(12)(C) shall be supplemental to, not in lieu of or in conflict with, § 48-51-103 of the Tennessee Nonprofit Corporation Act.
(1) Have a corporate seal and alter the same at will; provided, that it need not have, nor shall it for any purpose be necessary for it to use, such a seal;
(2) Become a member in or stockholder of one (1) or more other nonprofit cooperatives, corporations or other legal entities and to own the same, wholly or in part;
(3) Solely on its own, or jointly, as tenant in common or as a partner with one (1) or more other entities, construct, purchase, take, receive, lease as lessee or lessor, or otherwise acquire, and own, hold, use, equip, maintain, and operate and sell, assign, transfer, convey, exchange, lease back, mortgage, pledge, or otherwise dispose of or encumber any and all property, of whatever kind or nature and of whatever estate, real and personal, tangible and intangible, including choses in action;
(4) Purchase or otherwise acquire, and own, lease as lessor or lessee, lease back, hold, use, and exercise, and sell, assign, transfer, convey, mortgage, pledge, hypothecate, or otherwise dispose of or encumber, franchises, rights, privileges, licenses, rights-of-way, and easements;
(5) Secure any of its liabilities or obligations by mortgage, pledge, deed of trust, or any other encumbrance upon any or all of its then-owned or after-acquired real or personal property, assets, franchises, revenues, or income;
(6) Make any and all contracts necessary or convenient for the full exercise of the powers in this chapter granted, including, but not limited to, contracts with any person, federal agency, or municipality, for the purchase or sale of electric power and energy and, in connection with any such electric power and energy contract, stipulate and agree to such covenants, terms, and conditions as the board may deem appropriate, including covenants, terms, and conditions with respect to resale rates, financial and accounting methods, services, operation and maintenance practices, and, consistent with § 65-25-112 , the manner of disposing of the revenues of the properties operated and maintained by the cooperative;
(7) Conduct its business and exercise any or all of its powers within or without this state;
(8) Adopt, amend, and repeal bylaws;
(9) Organize and promote and otherwise foster and participate in, through membership or ownership, including stock ownership, community, regional, or statewide or national organizations whose purposes are or include the promotion and assistance of economic, industrial or commercial development which the board of the cooperative determines will, or likely will, result in economic benefits to the cooperative or its members;
(10) Do and perform any and all other acts and things and have and exercise any and all other powers which may be necessary, convenient, or appropriate to accomplish the cooperative's purpose or purposes;
(11) With respect to a primary purpose and the secondary purpose of supplying telecommunications and broadband internet access and related services, but without limiting the generality or particularity of subdivisions (a)(1)-(10), construct, maintain, and operate, and allow others, so long as such others are permitted by law to operate such systems within the cooperative's service area, to operate, electric, or other telecommunications or broadband internet access and related services transmission and distribution lines or other conducting or communications facilities along, upon, under, and across all of the following: (A) Real property, personal property, rights of way and easements owned, held, or otherwise used by the cooperative. Any easement owned, held, or otherwise used by the cooperative in pursuit of a primary purpose may be used for any secondary purpose; and (B) Public thoroughfares, including, but not limited to, all roads, highways, streets, alleys, bridges, and causeways and publicly owned lands if the applicable authorities having jurisdiction over the public thoroughfares and lands consent, but consent shall not be unreasonably withheld or conditioned for the purpose of enabling the authority to gain competitive advantage with respect to the rendition by the authority or any other entity of a service that the cooperative also has a right to render; and
(A) Real property, personal property, rights of way and easements owned, held, or otherwise used by the cooperative. Any easement owned, held, or otherwise used by the cooperative in pursuit of a primary purpose may be used for any secondary purpose; and
(B) Public thoroughfares, including, but not limited to, all roads, highways, streets, alleys, bridges, and causeways and publicly owned lands if the applicable authorities having jurisdiction over the public thoroughfares and lands consent, but consent shall not be unreasonably withheld or conditioned for the purpose of enabling the authority to gain competitive advantage with respect to the rendition by the authority or any other entity of a service that the cooperative also has a right to render; and
(12) With respect to a primary purpose, but without limiting the generality or particularity of subdivisions (a)(1)-(11): (A) Generate, manufacture, purchase, acquire, and transmit, and transform, supply, distribute, furnish, deliver, sell, and dispose of, electric power and energy; (B) Make loans to persons to whom electric power or energy is or will be supplied by the cooperative for the purpose of, and otherwise to assist such persons in, wiring their premises and installing therein electric and plumbing fixtures, appliances, apparatus, and equipment of any and all kinds and character, and, in connection therewith, purchase, acquire, lease, sell, distribute, install, and repair such electric and plumbing fixtures, appliances, apparatus, and equipment, and accept, or otherwise acquire, and sell, assign, transfer, endorse, pledge, hypothecate and otherwise dispose of, notes, bonds and other evidences of indebtedness and any and all types of security therefor; and (C) Condemn either the fee or such other right, title, interest or easement in and to property as the board may deem necessary, and such property or interest in such property may be so acquired, whether or not the same is owned or held for public use by corporations, associations, cooperatives or persons having the power of eminent domain, or otherwise held or used for public purposes, and such power of condemnation may be exercised in the mode of procedure prescribed by title 29, chapter 16, or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain; provided, that no property which is owned or held for public use, nor any interest therein, shall be condemned if, in the judgment of the court the condemnation of such property or interest therein will obstruct, prevent, burden, interfere with, or unduly inconvenience the continued use of such property for the public use to which it is devoted at the time the same is sought to be condemned; provided further, that where title to any property sought to be condemned is defective, it shall be passed by decree of court; provided further, that where condemnation proceedings become necessary, the court in which such proceedings are filed shall, upon application by the cooperative and upon the posting of a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property, order that the right of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just; but provided further, that in cases where condemnation of property already devoted to a public use is sought, no order as to right of possession shall issue until it is finally determined that the condemnor is entitled to condemn such property. The power of eminent domain provided by this subdivision (a)(12)(C) shall be supplemental to, not in lieu of or in conflict with, § 48-51-103 of the Tennessee Nonprofit Corporation Act.
(A) Generate, manufacture, purchase, acquire, and transmit, and transform, supply, distribute, furnish, deliver, sell, and dispose of, electric power and energy;
(B) Make loans to persons to whom electric power or energy is or will be supplied by the cooperative for the purpose of, and otherwise to assist such persons in, wiring their premises and installing therein electric and plumbing fixtures, appliances, apparatus, and equipment of any and all kinds and character, and, in connection therewith, purchase, acquire, lease, sell, distribute, install, and repair such electric and plumbing fixtures, appliances, apparatus, and equipment, and accept, or otherwise acquire, and sell, assign, transfer, endorse, pledge, hypothecate and otherwise dispose of, notes, bonds and other evidences of indebtedness and any and all types of security therefor; and
(C) Condemn either the fee or such other right, title, interest or easement in and to property as the board may deem necessary, and such property or interest in such property may be so acquired, whether or not the same is owned or held for public use by corporations, associations, cooperatives or persons having the power of eminent domain, or otherwise held or used for public purposes, and such power of condemnation may be exercised in the mode of procedure prescribed by title 29, chapter 16, or in the mode or method of procedure prescribed by any other applicable statutory provisions now in force or hereafter enacted for the exercise of the power of eminent domain; provided, that no property which is owned or held for public use, nor any interest therein, shall be condemned if, in the judgment of the court the condemnation of such property or interest therein will obstruct, prevent, burden, interfere with, or unduly inconvenience the continued use of such property for the public use to which it is devoted at the time the same is sought to be condemned; provided further, that where title to any property sought to be condemned is defective, it shall be passed by decree of court; provided further, that where condemnation proceedings become necessary, the court in which such proceedings are filed shall, upon application by the cooperative and upon the posting of a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property, order that the right of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just; but provided further, that in cases where condemnation of property already devoted to a public use is sought, no order as to right of possession shall issue until it is finally determined that the condemnor is entitled to condemn such property. The power of eminent domain provided by this subdivision (a)(12)(C) shall be supplemental to, not in lieu of or in conflict with, § 48-51-103 of the Tennessee Nonprofit Corporation Act.
(b) All of the powers conferred by this section are to be exercised by a cooperative for rendering one (1) or more services to persons who or which are its members and to other persons, not to exceed fifteen percent (15%) of the number of persons who or which are its members; provided, that whenever in the sole judgment of its board such is necessary to acquire or to protect and preserve a cooperative's exemption from federal income taxation relative to a primary or secondary purpose, a cooperative may require new nonmember patron applicants or existing nonmember patrons to become members as a condition of initially receiving or of continuing to receive such service.
(c) This chapter does not affect, abrogate, or eliminate any obligation of a cooperative's third-party contractors that are permitted by law to operate within the cooperative's service area to comply with applicable permitting requirements that the cooperative is subject to with respect to property that is held or controlled by a railroad company.
(d) (1) In addition to all other powers set forth in this chapter, a cooperative may make contributions for bona fide charitable purposes and accept excess receipts pursuant to programs approved by the board of directors, which programs may include, but are not limited to, programs in which bills for electric power are rounded up to the next dollar when the amount of any excess receipt due to rounding is shown as a separate line on the electric bill. (2) Excess receipts accepted by a cooperative pursuant to programs authorized by subdivision (d)(1) are not considered revenue to the cooperative and the cooperative may only use the excess receipts for charitable purposes. (3) This subsection (d) prohibits discrimination by a cooperative in the distribution of excess receipts for bona fide charitable purposes to organizations whose mission is to assist persons regardless of their race, color, creed, religion, national origin, gender, disability, or age. (4) (A) A cooperative that establishes a program authorized by subdivision (d)(1) on or after January 1, 2021, shall not enroll any customer into the program without the express consent of the customer. (B) A customer who is enrolled in a program authorized by subdivision (d)(1) may opt out of the program by providing notice to the cooperative of the customer's desire to cease participation in the program. (C) Upon receiving an opt-out notice from a customer, the cooperative shall remove the customer from enrollment in the program no later than the first day of the customer's next regular billing cycle that begins no fewer than thirty (30) days after the date of the customer's opt-out notice. (5) (A) Any cooperative that on June 3, 2019, utilizes a program authorized by subdivision (d)(1) and operates the program on an opt-out basis shall send a written notice to each cooperative customer no later than November 1, 2020, that contains, but is not limited to, the following information: (i) A statement that the cooperative utilizes a program authorized by subdivision (d)(1), the program is operated on an opt-out basis, and a description of the program; (ii) Notification that a customer whose bill is currently rounded up by the cooperative has the right to opt out of participation in the program; and (iii) Contact information for the cooperative and instructions on how the customer may contact the cooperative to opt out of participation in the program. (B) The written notice required by this subdivision (d)(5) may be provided to the customer by electronic means and may accompany a regular billing statement, at the discretion of the cooperative. (C) A cooperative that on June 3, 2019, utilizes a program authorized by subdivision (d)(1) and operates the program on an opt-out basis that fails to send the notice required by this subdivision (d)(5) shall, on and after January 1, 2021, cease operating the program on an opt-out basis and shall not operate a program unless operated in compliance with subdivision (d)(4). (6) Any cooperative that utilizes a program authorized by subdivision (d)(1) and that maintains a website that is accessible by the general public shall publish in a conspicuous location on the website by November 1, 2020, and throughout the duration of the cooperative's utilization of the program, the following information: (A) A statement that the cooperative utilizes a program authorized by subdivision (d)(1) and a description of the program; (B) Notification that a customer whose bill is currently rounded up by the cooperative has the right to opt out of participation in the program; and (C) Contact information for the cooperative and instructions on how the customer may contact the cooperative to opt into or out of participation in the program.
(1) In addition to all other powers set forth in this chapter, a cooperative may make contributions for bona fide charitable purposes and accept excess receipts pursuant to programs approved by the board of directors, which programs may include, but are not limited to, programs in which bills for electric power are rounded up to the next dollar when the amount of any excess receipt due to rounding is shown as a separate line on the electric bill.
(2) Excess receipts accepted by a cooperative pursuant to programs authorized by subdivision (d)(1) are not considered revenue to the cooperative and the cooperative may only use the excess receipts for charitable purposes.
(3) This subsection (d) prohibits discrimination by a cooperative in the distribution of excess receipts for bona fide charitable purposes to organizations whose mission is to assist persons regardless of their race, color, creed, religion, national origin, gender, disability, or age.
(4) (A) A cooperative that establishes a program authorized by subdivision (d)(1) on or after January 1, 2021, shall not enroll any customer into the program without the express consent of the customer. (B) A customer who is enrolled in a program authorized by subdivision (d)(1) may opt out of the program by providing notice to the cooperative of the customer's desire to cease participation in the program. (C) Upon receiving an opt-out notice from a customer, the cooperative shall remove the customer from enrollment in the program no later than the first day of the customer's next regular billing cycle that begins no fewer than thirty (30) days after the date of the customer's opt-out notice.
(A) A cooperative that establishes a program authorized by subdivision (d)(1) on or after January 1, 2021, shall not enroll any customer into the program without the express consent of the customer.
(B) A customer who is enrolled in a program authorized by subdivision (d)(1) may opt out of the program by providing notice to the cooperative of the customer's desire to cease participation in the program.
(C) Upon receiving an opt-out notice from a customer, the cooperative shall remove the customer from enrollment in the program no later than the first day of the customer's next regular billing cycle that begins no fewer than thirty (30) days after the date of the customer's opt-out notice.
(5) (A) Any cooperative that on June 3, 2019, utilizes a program authorized by subdivision (d)(1) and operates the program on an opt-out basis shall send a written notice to each cooperative customer no later than November 1, 2020, that contains, but is not limited to, the following information: (i) A statement that the cooperative utilizes a program authorized by subdivision (d)(1), the program is operated on an opt-out basis, and a description of the program; (ii) Notification that a customer whose bill is currently rounded up by the cooperative has the right to opt out of participation in the program; and (iii) Contact information for the cooperative and instructions on how the customer may contact the cooperative to opt out of participation in the program. (B) The written notice required by this subdivision (d)(5) may be provided to the customer by electronic means and may accompany a regular billing statement, at the discretion of the cooperative. (C) A cooperative that on June 3, 2019, utilizes a program authorized by subdivision (d)(1) and operates the program on an opt-out basis that fails to send the notice required by this subdivision (d)(5) shall, on and after January 1, 2021, cease operating the program on an opt-out basis and shall not operate a program unless operated in compliance with subdivision (d)(4).
(A) Any cooperative that on June 3, 2019, utilizes a program authorized by subdivision (d)(1) and operates the program on an opt-out basis shall send a written notice to each cooperative customer no later than November 1, 2020, that contains, but is not limited to, the following information: (i) A statement that the cooperative utilizes a program authorized by subdivision (d)(1), the program is operated on an opt-out basis, and a description of the program; (ii) Notification that a customer whose bill is currently rounded up by the cooperative has the right to opt out of participation in the program; and (iii) Contact information for the cooperative and instructions on how the customer may contact the cooperative to opt out of participation in the program.
(i) A statement that the cooperative utilizes a program authorized by subdivision (d)(1), the program is operated on an opt-out basis, and a description of the program;
(ii) Notification that a customer whose bill is currently rounded up by the cooperative has the right to opt out of participation in the program; and
(iii) Contact information for the cooperative and instructions on how the customer may contact the cooperative to opt out of participation in the program.
(B) The written notice required by this subdivision (d)(5) may be provided to the customer by electronic means and may accompany a regular billing statement, at the discretion of the cooperative.
(C) A cooperative that on June 3, 2019, utilizes a program authorized by subdivision (d)(1) and operates the program on an opt-out basis that fails to send the notice required by this subdivision (d)(5) shall, on and after January 1, 2021, cease operating the program on an opt-out basis and shall not operate a program unless operated in compliance with subdivision (d)(4).
(6) Any cooperative that utilizes a program authorized by subdivision (d)(1) and that maintains a website that is accessible by the general public shall publish in a conspicuous location on the website by November 1, 2020, and throughout the duration of the cooperative's utilization of the program, the following information: (A) A statement that the cooperative utilizes a program authorized by subdivision (d)(1) and a description of the program; (B) Notification that a customer whose bill is currently rounded up by the cooperative has the right to opt out of participation in the program; and (C) Contact information for the cooperative and instructions on how the customer may contact the cooperative to opt into or out of participation in the program.
(A) A statement that the cooperative utilizes a program authorized by subdivision (d)(1) and a description of the program;
(B) Notification that a customer whose bill is currently rounded up by the cooperative has the right to opt out of participation in the program; and
(C) Contact information for the cooperative and instructions on how the customer may contact the cooperative to opt into or out of participation in the program.
Amended by 2020 Tenn. Acts, ch. 631, s 1, eff. 3/20/2020.
Amended by 2019 Tenn. Acts, ch. 508, s 5, eff. 6/3/2019.
Amended by 2018 Tenn. Acts, ch. 570, s 1, eff. 3/16/2018.
Amended by 2017 Tenn. Acts, ch. 228, s 8, eff. 4/24/2017.
Acts 1988, ch. 689, § 2; 1989, ch. 172, § 2; 1999, ch. 430, §1; 2000, ch. 592, § 2; 2000, ch. 665, § 1; 2002, ch. 512, §1; 2005, ch. 426, § 2; T.C.A. § 65-25-205 .
Tenn. Code Ann. § 65-7-114 — TN Code / Title 65 / Chapter 7 / Section 65-7-114
Tax levy to meet bond payments
Status: in_force

When the subscription so made becomes due, as provided, it is made the duty of the county legislative body, or municipal authorities, as the case may be, on the receipt of the certificates of stock, as provided in § 65-7-116 , to levy, from time to time, such taxes upon the taxable property, privileges, and persons liable by law to taxation within the county or corporate limits, as the case may be, as will be sufficient and necessary to meet the maturing interest on the bonds of such county, town, or city, and to provide for the payment of the principal; provided, that no tax to pay such subscription exceeding twenty-five percent (25%) of the amount subscribed shall be levied in any one (1) year. Acts 1887, ch. 3, § 13; Shan., § 1571; Code 1932, §2625; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-714.
When the subscription so made becomes due, as provided, it is made the duty of the county legislative body, or municipal authorities, as the case may be, on the receipt of the certificates of stock, as provided in § 65-7-116 , to levy, from time to time, such taxes upon the taxable property, privileges, and persons liable by law to taxation within the county or corporate limits, as the case may be, as will be sufficient and necessary to meet the maturing interest on the bonds of such county, town, or city, and to provide for the payment of the principal; provided, that no tax to pay such subscription exceeding twenty-five percent (25%) of the amount subscribed shall be levied in any one (1) year.
Acts 1887, ch. 3, § 13; Shan., § 1571; Code 1932, §2625; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-714.
Tenn. Code Ann. § 65-29-102 — TN Code / Title 65 / Chapter 29 / Section 65-29-102
Purpose of cooperatives - Nonprofit corporations
Status: in_force

Cooperative, nonprofit, membership corporations may be organized under this chapter for the purpose of furnishing telephone service in rural areas to the widest practical number of users of such service; provided, that there shall be no duplication of service where reasonably adequate telephone service is available. Corporations organized under this chapter and corporations which become subject to this chapter in the manner provided in this chapter are referred to in this chapter as "cooperatives," and shall be deemed to be not-for-profit corporations. Acts 1961, ch. 330, § 2; T.C.A., § 65-2902.
Cooperative, nonprofit, membership corporations may be organized under this chapter for the purpose of furnishing telephone service in rural areas to the widest practical number of users of such service; provided, that there shall be no duplication of service where reasonably adequate telephone service is available. Corporations organized under this chapter and corporations which become subject to this chapter in the manner provided in this chapter are referred to in this chapter as "cooperatives," and shall be deemed to be not-for-profit corporations.
Acts 1961, ch. 330, § 2; T.C.A., § 65-2902.
Tenn. Code Ann. § 65-37-104 — TN Code / Title 65 / Chapter 37 / Section 65-37-104
Financial information or reporting - System of accounts
Status: in_force

The Tennessee public utility commission shall not establish or impose upon price-regulated carriers subject to this title state-specific financial information or financial reporting requirements or a uniform system of accounts. Price-regulated carriers subject to this title may be required to file with the commission only that financial information or financial reports that are required to be filed with the federal communications commission. Such commission filing requirements may be satisfied by the carrier by the submission to the commission of a letter explicitly identifying a publicly-available government website on which the information is posted. The inspection, control and supervision fee established in § 65-4-301 shall be based on the financial information contained in such federal reports. Acts 2005, ch. 270, § 5.
The Tennessee public utility commission shall not establish or impose upon price-regulated carriers subject to this title state-specific financial information or financial reporting requirements or a uniform system of accounts. Price-regulated carriers subject to this title may be required to file with the commission only that financial information or financial reports that are required to be filed with the federal communications commission. Such commission filing requirements may be satisfied by the carrier by the submission to the commission of a letter explicitly identifying a publicly-available government website on which the information is posted. The inspection, control and supervision fee established in § 65-4-301 shall be based on the financial information contained in such federal reports.
Acts 2005, ch. 270, § 5.
Tenn. Code Ann. § 65-6-133 — TN Code / Title 65 / Chapter 6 / Section 65-6-133
Railroad police officers
Status: in_force

(a) Any company or corporation owning or operating a railroad in this state may apply to the governor to commission such number of its agents, servants or employees as the company shall designate to act as police officers for the company. (b) The governor, upon such application, shall appoint such persons as the company designates, or as many thereof as the governor deems proper to be such police officers, and shall give commissions to those appointed. (c) Before entering into the performance of police duties, every police officer so appointed shall take and subscribe an oath of office, and enter into a surety bond in the sum of one thousand dollars ($1,000), payable to the state, conditioned for the faithful performance of such duties. Such oath of office and such bond, with a copy of the commission, shall be filed with the secretary of state. (d) Each police officer shall have and exercise throughout every county in which the company for which such officer was appointed shall do business, operate, or own property, the power to make arrests for violation of law on the property of such company, and to arrest persons, whether on or off such company's property, violating any law on such company's property, under the same conditions under which deputy sheriffs or other peace officers may by law make arrests, and shall have authority to carry weapons for the reasonable purpose of their offices. The keepers of jails in any county or municipality wherein the violation occurs for which any such arrest is made shall receive all persons arrested by such police officer to be dealt with according to law, and persons so arrested shall be received by keepers of jails on the same basis and shall have the same status as prisoners arrested by any other police officer. (e) Every police officer so appointed shall, when on duty, carry a badge or identification card identifying the officer as a member of the police department of such railroad company for or which such officer is appointed, and the officer shall exhibit such badge or identification card, on demand, and before making an arrest. (f) The compensation for such police officers shall be paid by the company for which they are respectively appointed. (g) When a company no longer requires the services of a police officer so appointed, it shall file a notice to that effect with the secretary of state. Thereupon, the powers of such police officer shall cease and terminate. (h) Any person commissioned as a police officer pursuant to this section shall, prior to such commission, receive peace officer standards and training certification. Acts 1969, ch. 111, §§ 1-7; T.C.A., §§ 65-648 -- 65-654; Acts 2009, ch. 372, § 3.
(a) Any company or corporation owning or operating a railroad in this state may apply to the governor to commission such number of its agents, servants or employees as the company shall designate to act as police officers for the company.
(b) The governor, upon such application, shall appoint such persons as the company designates, or as many thereof as the governor deems proper to be such police officers, and shall give commissions to those appointed.
(c) Before entering into the performance of police duties, every police officer so appointed shall take and subscribe an oath of office, and enter into a surety bond in the sum of one thousand dollars ($1,000), payable to the state, conditioned for the faithful performance of such duties. Such oath of office and such bond, with a copy of the commission, shall be filed with the secretary of state.
(d) Each police officer shall have and exercise throughout every county in which the company for which such officer was appointed shall do business, operate, or own property, the power to make arrests for violation of law on the property of such company, and to arrest persons, whether on or off such company's property, violating any law on such company's property, under the same conditions under which deputy sheriffs or other peace officers may by law make arrests, and shall have authority to carry weapons for the reasonable purpose of their offices. The keepers of jails in any county or municipality wherein the violation occurs for which any such arrest is made shall receive all persons arrested by such police officer to be dealt with according to law, and persons so arrested shall be received by keepers of jails on the same basis and shall have the same status as prisoners arrested by any other police officer.
(e) Every police officer so appointed shall, when on duty, carry a badge or identification card identifying the officer as a member of the police department of such railroad company for or which such officer is appointed, and the officer shall exhibit such badge or identification card, on demand, and before making an arrest.
(f) The compensation for such police officers shall be paid by the company for which they are respectively appointed.
(g) When a company no longer requires the services of a police officer so appointed, it shall file a notice to that effect with the secretary of state. Thereupon, the powers of such police officer shall cease and terminate.
(h) Any person commissioned as a police officer pursuant to this section shall, prior to such commission, receive peace officer standards and training certification.
Acts 1969, ch. 111, §§ 1-7; T.C.A., §§ 65-648 -- 65-654; Acts 2009, ch. 372, § 3.
Tenn. Code Ann. § 65-4-106 — TN Code / Title 65 / Chapter 4 / Section 65-4-106
Construction of chapter
Status: in_force

This chapter shall not be construed as being in derogation of the common law, but shall be given a liberal construction, and any doubt as to the existence or extent of a power conferred on the commission by this chapter or chapters 1, 3 and 5 of this title shall be resolved in favor of the existence of the power, to the end that the commission may effectively govern and control the public utilities placed under its jurisdiction by this chapter. Acts 1919, ch. 49, § 12; Shan. Supp., § 3059a95; Code 1932, § 5458; T.C.A. (orig. ed.), § 65-406; Acts 1995, ch. 305, § 20.
This chapter shall not be construed as being in derogation of the common law, but shall be given a liberal construction, and any doubt as to the existence or extent of a power conferred on the commission by this chapter or chapters 1, 3 and 5 of this title shall be resolved in favor of the existence of the power, to the end that the commission may effectively govern and control the public utilities placed under its jurisdiction by this chapter.
Acts 1919, ch. 49, § 12; Shan. Supp., § 3059a95; Code 1932, § 5458; T.C.A. (orig. ed.), § 65-406; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-4-117 — TN Code / Title 65 / Chapter 4 / Section 65-4-117
Regulatory powers of commission - The 2-1-1 collaborative - Statewide 2-1-1 advisory council
Status: in_force

(a) The commission has the power to: (1) Investigate, upon its own initiative or upon complaint in writing, any matter concerning any public utility as defined in § 65-4-101 ; (2) Request the comptroller of the treasury, from time to time, appraise and value the property of any public utility, as defined in § 65-4-101 , whenever in the judgment of the commission such appraisal and valuation shall be necessary for the purpose of carrying out any of the provisions of this chapter. The comptroller of the treasury's office is hereby authorized to make such valuation and in that process may have access to and use any books, documents or records in the possession of any department or board of the state or any political subdivision of the state. For purposes of rate regulation the Tennessee public utility commission has the specific authority to have access to books, documents or records in possession of any department or board of the state or any political subdivision of the state; (3) After hearing, by order in writing, fix just and reasonable standards, classifications, regulations, practices or services to be furnished, imposed, observed and followed thereafter by any public utility; (4) After hearing, by order in writing, ascertain and fix adequate and serviceable standards for the measurement of quantity, quality, pressure, voltage, or other condition, pertaining to the supply of the product or service rendered by any public utility, and to prescribe reasonable regulations for examination, test and measurement of such product or service; (5) After hearing, by order in writing, establish reasonable rules and regulations, specifications and standards, to secure accuracy of all meters and appliances for measurements; (6) Provide for the examination and test of any appliance used for the measuring of any product or service of a public utility, and by its agents or examiners to enter upon any premises occupied by any public utility, for the purpose of making the examination and test provided for in this chapter; and (7) Fix the fees to be paid by any consumer or user of any product or service of a public utility, who may apply to the commission for such examination or test to be made. Any consumer or user may have any such appliance tested upon the payment of the fees fixed by the commission, which fees shall be repaid to the consumer or user if the appliance be found defective or incorrect to the disadvantage of the consumer or user, and in that event such fees shall be paid by the public utility concerned. (b) (1) Not later than December 31, 2004, the commission shall designate an entity to be the 2-1-1 collaborative for this state, such 2-1-1 collaborative being designated in order to be qualified to obtain federal grants relating to 2-1-1 service in this state. The commission may designate an entity to be the 2-1-1 collaborative based on either the petition of an entity seeking such designation, or based on the commission's own motion. (2) (A) There is created a statewide 2-1-1 advisory council consisting of up to eighteen (18) members who shall be appointed by the commission. The Tennessee Alliance of Information and Referral Systems and the United Ways of Tennessee shall submit recommendations to the commission for potential appointees to the advisory council. The advisory council shall be representative of the various 2-1-1 service stakeholders, including, but not limited to, governmental entities, call centers, non-profit organizations, foundations and corporate entities. In making recommendations for appointment to the advisory council, the Tennessee Alliance of Information and Referral Systems and the United Ways of Tennessee shall do so with a conscious intent of selecting persons who reflect a diverse mixture with respect to race and gender. (B) The 2-1-1 advisory council is charged with advising and assisting the commission in establishing statewide standards that will ensure that the citizens of this state are served by an efficient and effective 2-1-1 service. To that end, the commission is empowered to promulgate rules and regulations that further define the role of the advisory council, that adopt standards for 2-1-1 service and as may otherwise be necessary to implement this subdivision (b)(2). Acts 1919, ch. 49, § 4; Shan. Supp., § 3059a87; Code 1932, § 5450; T.C.A. (orig. ed.), § 65-424; Acts 1993, ch. 23, § 1; T.C.A., § 65-4-116 ; Acts 1995, ch. 305, §§ 17, 20; 2004, ch. 762, § 2; 2009 , ch. 275, § 1.
(a) The commission has the power to: (1) Investigate, upon its own initiative or upon complaint in writing, any matter concerning any public utility as defined in § 65-4-101 ; (2) Request the comptroller of the treasury, from time to time, appraise and value the property of any public utility, as defined in § 65-4-101 , whenever in the judgment of the commission such appraisal and valuation shall be necessary for the purpose of carrying out any of the provisions of this chapter. The comptroller of the treasury's office is hereby authorized to make such valuation and in that process may have access to and use any books, documents or records in the possession of any department or board of the state or any political subdivision of the state. For purposes of rate regulation the Tennessee public utility commission has the specific authority to have access to books, documents or records in possession of any department or board of the state or any political subdivision of the state; (3) After hearing, by order in writing, fix just and reasonable standards, classifications, regulations, practices or services to be furnished, imposed, observed and followed thereafter by any public utility; (4) After hearing, by order in writing, ascertain and fix adequate and serviceable standards for the measurement of quantity, quality, pressure, voltage, or other condition, pertaining to the supply of the product or service rendered by any public utility, and to prescribe reasonable regulations for examination, test and measurement of such product or service; (5) After hearing, by order in writing, establish reasonable rules and regulations, specifications and standards, to secure accuracy of all meters and appliances for measurements; (6) Provide for the examination and test of any appliance used for the measuring of any product or service of a public utility, and by its agents or examiners to enter upon any premises occupied by any public utility, for the purpose of making the examination and test provided for in this chapter; and (7) Fix the fees to be paid by any consumer or user of any product or service of a public utility, who may apply to the commission for such examination or test to be made. Any consumer or user may have any such appliance tested upon the payment of the fees fixed by the commission, which fees shall be repaid to the consumer or user if the appliance be found defective or incorrect to the disadvantage of the consumer or user, and in that event such fees shall be paid by the public utility concerned.
(1) Investigate, upon its own initiative or upon complaint in writing, any matter concerning any public utility as defined in § 65-4-101 ;
(2) Request the comptroller of the treasury, from time to time, appraise and value the property of any public utility, as defined in § 65-4-101 , whenever in the judgment of the commission such appraisal and valuation shall be necessary for the purpose of carrying out any of the provisions of this chapter. The comptroller of the treasury's office is hereby authorized to make such valuation and in that process may have access to and use any books, documents or records in the possession of any department or board of the state or any political subdivision of the state. For purposes of rate regulation the Tennessee public utility commission has the specific authority to have access to books, documents or records in possession of any department or board of the state or any political subdivision of the state;
(3) After hearing, by order in writing, fix just and reasonable standards, classifications, regulations, practices or services to be furnished, imposed, observed and followed thereafter by any public utility;
(4) After hearing, by order in writing, ascertain and fix adequate and serviceable standards for the measurement of quantity, quality, pressure, voltage, or other condition, pertaining to the supply of the product or service rendered by any public utility, and to prescribe reasonable regulations for examination, test and measurement of such product or service;
(5) After hearing, by order in writing, establish reasonable rules and regulations, specifications and standards, to secure accuracy of all meters and appliances for measurements;
(6) Provide for the examination and test of any appliance used for the measuring of any product or service of a public utility, and by its agents or examiners to enter upon any premises occupied by any public utility, for the purpose of making the examination and test provided for in this chapter; and
(7) Fix the fees to be paid by any consumer or user of any product or service of a public utility, who may apply to the commission for such examination or test to be made. Any consumer or user may have any such appliance tested upon the payment of the fees fixed by the commission, which fees shall be repaid to the consumer or user if the appliance be found defective or incorrect to the disadvantage of the consumer or user, and in that event such fees shall be paid by the public utility concerned.
(b) (1) Not later than December 31, 2004, the commission shall designate an entity to be the 2-1-1 collaborative for this state, such 2-1-1 collaborative being designated in order to be qualified to obtain federal grants relating to 2-1-1 service in this state. The commission may designate an entity to be the 2-1-1 collaborative based on either the petition of an entity seeking such designation, or based on the commission's own motion. (2) (A) There is created a statewide 2-1-1 advisory council consisting of up to eighteen (18) members who shall be appointed by the commission. The Tennessee Alliance of Information and Referral Systems and the United Ways of Tennessee shall submit recommendations to the commission for potential appointees to the advisory council. The advisory council shall be representative of the various 2-1-1 service stakeholders, including, but not limited to, governmental entities, call centers, non-profit organizations, foundations and corporate entities. In making recommendations for appointment to the advisory council, the Tennessee Alliance of Information and Referral Systems and the United Ways of Tennessee shall do so with a conscious intent of selecting persons who reflect a diverse mixture with respect to race and gender. (B) The 2-1-1 advisory council is charged with advising and assisting the commission in establishing statewide standards that will ensure that the citizens of this state are served by an efficient and effective 2-1-1 service. To that end, the commission is empowered to promulgate rules and regulations that further define the role of the advisory council, that adopt standards for 2-1-1 service and as may otherwise be necessary to implement this subdivision (b)(2).
(1) Not later than December 31, 2004, the commission shall designate an entity to be the 2-1-1 collaborative for this state, such 2-1-1 collaborative being designated in order to be qualified to obtain federal grants relating to 2-1-1 service in this state. The commission may designate an entity to be the 2-1-1 collaborative based on either the petition of an entity seeking such designation, or based on the commission's own motion.
(2) (A) There is created a statewide 2-1-1 advisory council consisting of up to eighteen (18) members who shall be appointed by the commission. The Tennessee Alliance of Information and Referral Systems and the United Ways of Tennessee shall submit recommendations to the commission for potential appointees to the advisory council. The advisory council shall be representative of the various 2-1-1 service stakeholders, including, but not limited to, governmental entities, call centers, non-profit organizations, foundations and corporate entities. In making recommendations for appointment to the advisory council, the Tennessee Alliance of Information and Referral Systems and the United Ways of Tennessee shall do so with a conscious intent of selecting persons who reflect a diverse mixture with respect to race and gender. (B) The 2-1-1 advisory council is charged with advising and assisting the commission in establishing statewide standards that will ensure that the citizens of this state are served by an efficient and effective 2-1-1 service. To that end, the commission is empowered to promulgate rules and regulations that further define the role of the advisory council, that adopt standards for 2-1-1 service and as may otherwise be necessary to implement this subdivision (b)(2).
(A) There is created a statewide 2-1-1 advisory council consisting of up to eighteen (18) members who shall be appointed by the commission. The Tennessee Alliance of Information and Referral Systems and the United Ways of Tennessee shall submit recommendations to the commission for potential appointees to the advisory council. The advisory council shall be representative of the various 2-1-1 service stakeholders, including, but not limited to, governmental entities, call centers, non-profit organizations, foundations and corporate entities. In making recommendations for appointment to the advisory council, the Tennessee Alliance of Information and Referral Systems and the United Ways of Tennessee shall do so with a conscious intent of selecting persons who reflect a diverse mixture with respect to race and gender.
(B) The 2-1-1 advisory council is charged with advising and assisting the commission in establishing statewide standards that will ensure that the citizens of this state are served by an efficient and effective 2-1-1 service. To that end, the commission is empowered to promulgate rules and regulations that further define the role of the advisory council, that adopt standards for 2-1-1 service and as may otherwise be necessary to implement this subdivision (b)(2).
Acts 1919, ch. 49, § 4; Shan. Supp., § 3059a87; Code 1932, § 5450; T.C.A. (orig. ed.), § 65-424; Acts 1993, ch. 23, § 1; T.C.A., § 65-4-116 ; Acts 1995, ch. 305, §§ 17, 20; 2004, ch. 762, § 2; 2009 , ch. 275, § 1.
Tenn. Code Ann. § 65-1-108 — TN Code / Title 65 / Chapter 1 / Section 65-1-108
Office - Furniture and supplies
Status: in_force

The Tennessee public utility commission shall be furnished a permanent office in Nashville, with all necessary furniture, stationery, and supplies, to be paid for by the state. Acts 1995, ch. 305, § 5; T.C.A. § 65-1-208.
The Tennessee public utility commission shall be furnished a permanent office in Nashville, with all necessary furniture, stationery, and supplies, to be paid for by the state.
Acts 1995, ch. 305, § 5; T.C.A. § 65-1-208.
Tenn. Code Ann. § 65-25-109 — TN Code / Title 65 / Chapter 25 / Section 65-25-109
Election of directors by member cooperatives
Status: in_force

The bylaws of a cooperative whose membership consists wholly of one (1) or more other cooperatives shall provide for the manner of nominating and electing its directors, and the bylaws may provide that directors shall be elected from among the members, directors, officers or executive or administrative employees of member cooperatives and/or that its directors shall be either nominated or elected or appointed solely by such member cooperatives' boards. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-209 .
The bylaws of a cooperative whose membership consists wholly of one (1) or more other cooperatives shall provide for the manner of nominating and electing its directors, and the bylaws may provide that directors shall be elected from among the members, directors, officers or executive or administrative employees of member cooperatives and/or that its directors shall be either nominated or elected or appointed solely by such member cooperatives' boards.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-209 .
Tenn. Code Ann. § 65-1-115 — TN Code / Title 65 / Chapter 1 / Section 65-1-115
Members of former public service commission included in the executive service
Status: in_force

(a) In addition to the designations of preferred and executive service employees in § 8-30-202 , the following members of the former public service commission shall be included in the executive service: (1) Members of the Tennessee public utility commission; (2) The executive director of the Tennessee public utility commission; (3) The personal staff of the members of the Tennessee public utility commission; (4) The division commissioners and assistant division commissioners of the Tennessee public utility commission; and (5) Any attorneys employed by the Tennessee public utility commission. (b) All actions of the department of human resources in regard to the Tennessee public utility commission personnel transactions may, upon request of a majority of the commission's commissioners, be reviewed and revised, modified or reversed by action of the house finance, ways and means committee and the senate finance, ways and means committee. Acts 1995, ch. 305, § 51; T.C.A. § 65-1-303.
(a) In addition to the designations of preferred and executive service employees in § 8-30-202 , the following members of the former public service commission shall be included in the executive service: (1) Members of the Tennessee public utility commission; (2) The executive director of the Tennessee public utility commission; (3) The personal staff of the members of the Tennessee public utility commission; (4) The division commissioners and assistant division commissioners of the Tennessee public utility commission; and (5) Any attorneys employed by the Tennessee public utility commission.
(1) Members of the Tennessee public utility commission;
(2) The executive director of the Tennessee public utility commission;
(3) The personal staff of the members of the Tennessee public utility commission;
(4) The division commissioners and assistant division commissioners of the Tennessee public utility commission; and
(5) Any attorneys employed by the Tennessee public utility commission.
(b) All actions of the department of human resources in regard to the Tennessee public utility commission personnel transactions may, upon request of a majority of the commission's commissioners, be reviewed and revised, modified or reversed by action of the house finance, ways and means committee and the senate finance, ways and means committee.
Acts 1995, ch. 305, § 51; T.C.A. § 65-1-303.
Tenn. Code Ann. § 65-4-115 — TN Code / Title 65 / Chapter 4 / Section 65-4-115
Unjust practices and unsafe services prohibited
Status: in_force

No public utility shall adopt, maintain, or enforce any regulation, practice, or measurement which is unjust, unreasonable, unduly preferential or discriminatory, nor shall any public utility provide or maintain any service that is unsafe, improper, or inadequate, or withhold or refuse any service which can reasonably be demanded and furnished when ordered by the commission. Acts 1919, ch. 49, § 6; Shan. Supp., § 3059a89; Code 1932, § 5452; T.C.A. (orig. ed.), § 65-422; Acts 1993, ch. 23, § 1; T.C.A., § 65-4-114 ; Acts 1995, ch. 305, § 20.
No public utility shall adopt, maintain, or enforce any regulation, practice, or measurement which is unjust, unreasonable, unduly preferential or discriminatory, nor shall any public utility provide or maintain any service that is unsafe, improper, or inadequate, or withhold or refuse any service which can reasonably be demanded and furnished when ordered by the commission.
Acts 1919, ch. 49, § 6; Shan. Supp., § 3059a89; Code 1932, § 5452; T.C.A. (orig. ed.), § 65-422; Acts 1993, ch. 23, § 1; T.C.A., § 65-4-114 ; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-29-119 — TN Code / Title 65 / Chapter 29 / Section 65-29-119
Filing of articles of incorporation, etc
Status: in_force

Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, as the case may be, when executed and acknowledged and accompanied by such affidavits as may be required by applicable provisions of this chapter, shall be presented to the secretary of state for filing in the records of the office of the secretary of state. If the secretary of state shall find that the articles presented conform to the requirements of this chapter, the secretary of state shall, upon the payment of the fees as in this chapter provided, file the articles so presented in the records of the office of the secretary of state and, upon such filing, the incorporation, amendment, consolidation, merger, conversion or dissolution provided for therein shall be in effect. The secretary of state immediately upon the filing in the office of the secretary of state of any articles pursuant to this chapter shall transmit a certified copy thereof to the county clerk of the county in which the principal office of each cooperative or corporation affected by such incorporation, amendment, consolidation, merger, conversion, or dissolution shall be located. The clerk of any county, upon receipt of any such certified copy, shall file and index the same in the records of the clerk's office, but the failure of the secretary of state or of a clerk of a county to comply with this section shall not invalidate such articles. This section shall also apply to certificates of election to dissolve and affidavits of compliance executed pursuant to § 65-29-118(b)(2) . Acts 1961, ch. 330, § 19; T.C.A., § 65-2919.
Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, as the case may be, when executed and acknowledged and accompanied by such affidavits as may be required by applicable provisions of this chapter, shall be presented to the secretary of state for filing in the records of the office of the secretary of state. If the secretary of state shall find that the articles presented conform to the requirements of this chapter, the secretary of state shall, upon the payment of the fees as in this chapter provided, file the articles so presented in the records of the office of the secretary of state and, upon such filing, the incorporation, amendment, consolidation, merger, conversion or dissolution provided for therein shall be in effect. The secretary of state immediately upon the filing in the office of the secretary of state of any articles pursuant to this chapter shall transmit a certified copy thereof to the county clerk of the county in which the principal office of each cooperative or corporation affected by such incorporation, amendment, consolidation, merger, conversion, or dissolution shall be located. The clerk of any county, upon receipt of any such certified copy, shall file and index the same in the records of the clerk's office, but the failure of the secretary of state or of a clerk of a county to comply with this section shall not invalidate such articles. This section shall also apply to certificates of election to dissolve and affidavits of compliance executed pursuant to § 65-29-118(b)(2) .
Acts 1961, ch. 330, § 19; T.C.A., § 65-2919.
Tenn. Code Ann. § 65-5-106 — TN Code / Title 65 / Chapter 5 / Section 65-5-106
Operator-assisted telephone services - Carriers whose rates exceed maximum approved rates
Status: in_force

(a) Any telephone carrier offering or providing operator-assisted services in Tennessee whose intrastate rates exceed the maximum rate approved by the Tennessee public utility commission or whose interstate rates exceed the maximum rates approved by the federal communications commission (FCC) shall before providing the service: (1) Identify by name the carrier providing the service; (2) State all costs for providing the service; and (3) Offer to switch the customer to any other carrier offering operator-assisted services and inform the customer that the switch will be made without charge. (b) As used in this section: (1) "Maximum rate approved by the federal communications commission (FCC)" means the highest legal rate charged for handling an identical call by a carrier which has been classified by the FCC as a dominant, interstate carrier or, if no carrier has been so classified, means the highest rate approved by the FCC as just and reasonable for an identical call; (2) "Maximum rate approved by the Tennessee public utility commission" means the highest legal rate charged for handling an identical call by a carrier whose rates have been fixed by the commission based on the carrier's cost of providing service; and (3) "Operator-assisted services" means all telephone calls in which the customer is assisted by either a human or mechanical operator and includes, but is not limited to, calls billed to credit cards or third parties and all collect or person-to-person calls. (c) The commission may exempt any carrier from some or all of the provisions of this section upon a finding that the requirements are no longer necessary to protect the public interest. (d) Any telephone carrier violating this section is guilty of violating the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1, and shall be punished accordingly. Acts 1990, ch. 675, § 1; 1995, ch. 305, § 23; T.C.A. § 65-5-206.
(a) Any telephone carrier offering or providing operator-assisted services in Tennessee whose intrastate rates exceed the maximum rate approved by the Tennessee public utility commission or whose interstate rates exceed the maximum rates approved by the federal communications commission (FCC) shall before providing the service: (1) Identify by name the carrier providing the service; (2) State all costs for providing the service; and (3) Offer to switch the customer to any other carrier offering operator-assisted services and inform the customer that the switch will be made without charge.
(1) Identify by name the carrier providing the service;
(2) State all costs for providing the service; and
(3) Offer to switch the customer to any other carrier offering operator-assisted services and inform the customer that the switch will be made without charge.
(b) As used in this section: (1) "Maximum rate approved by the federal communications commission (FCC)" means the highest legal rate charged for handling an identical call by a carrier which has been classified by the FCC as a dominant, interstate carrier or, if no carrier has been so classified, means the highest rate approved by the FCC as just and reasonable for an identical call; (2) "Maximum rate approved by the Tennessee public utility commission" means the highest legal rate charged for handling an identical call by a carrier whose rates have been fixed by the commission based on the carrier's cost of providing service; and (3) "Operator-assisted services" means all telephone calls in which the customer is assisted by either a human or mechanical operator and includes, but is not limited to, calls billed to credit cards or third parties and all collect or person-to-person calls.
(1) "Maximum rate approved by the federal communications commission (FCC)" means the highest legal rate charged for handling an identical call by a carrier which has been classified by the FCC as a dominant, interstate carrier or, if no carrier has been so classified, means the highest rate approved by the FCC as just and reasonable for an identical call;
(2) "Maximum rate approved by the Tennessee public utility commission" means the highest legal rate charged for handling an identical call by a carrier whose rates have been fixed by the commission based on the carrier's cost of providing service; and
(3) "Operator-assisted services" means all telephone calls in which the customer is assisted by either a human or mechanical operator and includes, but is not limited to, calls billed to credit cards or third parties and all collect or person-to-person calls.
(c) The commission may exempt any carrier from some or all of the provisions of this section upon a finding that the requirements are no longer necessary to protect the public interest.
(d) Any telephone carrier violating this section is guilty of violating the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1, and shall be punished accordingly.
Acts 1990, ch. 675, § 1; 1995, ch. 305, § 23; T.C.A. § 65-5-206.
Tenn. Code Ann. § 65-1-116 — TN Code / Title 65 / Chapter 1 / Section 65-1-116
Commissioners deemed state employees eligible for insurance benefits
Status: in_force

Tennessee public utility commission commissioners shall be deemed state employees as defined in § 8-27-201(g) [repealed and reenacted; see Compiler's Notes] and shall be eligible for participation in group insurance for state officials and employee plans as approved by the general assembly. Acts 2012, ch. 1070, § 11.
Tennessee public utility commission commissioners shall be deemed state employees as defined in § 8-27-201(g) [repealed and reenacted; see Compiler's Notes] and shall be eligible for participation in group insurance for state officials and employee plans as approved by the general assembly.
Acts 2012, ch. 1070, § 11.
Tenn. Code Ann. § 65-29-125 — TN Code / Title 65 / Chapter 29 / Section 65-29-125
Exercise of eminent domain
Status: in_force

(a) No property which is owned or held for public use, nor any interest therein, shall be condemned pursuant to the authority granted in § 65-29-104 if in the judgment of the court the condemnation of such property or interest therein will obstruct, prevent, burden, interfere with, or unduly inconvenience the continued use of such property for the public use of which it is devoted at the time the same is sought to be condemned. Where title to any property sought to be condemned is defective, it shall be passed by decree of court. Where condemnation proceedings become necessary, the court in which such proceedings are filed shall, upon application by the cooperative and upon the posting of a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property, order that the right of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just. In cases where condemnation of property already devoted to a public use is sought, no order as to right of possession shall issue until it is finally determined that the condemnor is entitled to condemn such property. (b) (1) If such cooperative or company has actually taken possession of land, occupying it for the purpose of internal improvement, without condemnation or without the consent of the owner, the owner of such land may petition for a jury of inquest, in which case the same proceedings may be had, as near as may be, as set out in title 29, chapter 16, or amendments thereto; or the owner may sue for damages in the ordinary way, in which case the jury shall lay off the land in metes and bounds and assess the damages, as upon the trial of an appeal from the return of a jury of inquest. (2) The owner of land shall, in such cases, commence proceedings within twelve (12) months after the land has been actually taken possession of, and the work of the proposed internal improvement begun; saving, however, to unknown owners and nonresidents, twelve (12) months after actual knowledge of such occupation, not exceeding three (3) years, and saving to persons under the disabilities of infancy and unsoundness of mind, twelve (12) months after such disability is removed, but not exceeding ten (10) years. Amended by 2014 Tenn. Acts, ch. 927,s 14, eff. 5/16/2014. Acts 1961, ch. 330, § 24; T.C.A., § 65-2925.
(a) No property which is owned or held for public use, nor any interest therein, shall be condemned pursuant to the authority granted in § 65-29-104 if in the judgment of the court the condemnation of such property or interest therein will obstruct, prevent, burden, interfere with, or unduly inconvenience the continued use of such property for the public use of which it is devoted at the time the same is sought to be condemned. Where title to any property sought to be condemned is defective, it shall be passed by decree of court. Where condemnation proceedings become necessary, the court in which such proceedings are filed shall, upon application by the cooperative and upon the posting of a bond with the clerk of the court in such amount as the court may deem commensurate with the value of the property, order that the right of possession shall issue immediately or as soon and upon such terms as the court, in its discretion, may deem proper and just. In cases where condemnation of property already devoted to a public use is sought, no order as to right of possession shall issue until it is finally determined that the condemnor is entitled to condemn such property.
(b) (1) If such cooperative or company has actually taken possession of land, occupying it for the purpose of internal improvement, without condemnation or without the consent of the owner, the owner of such land may petition for a jury of inquest, in which case the same proceedings may be had, as near as may be, as set out in title 29, chapter 16, or amendments thereto; or the owner may sue for damages in the ordinary way, in which case the jury shall lay off the land in metes and bounds and assess the damages, as upon the trial of an appeal from the return of a jury of inquest. (2) The owner of land shall, in such cases, commence proceedings within twelve (12) months after the land has been actually taken possession of, and the work of the proposed internal improvement begun; saving, however, to unknown owners and nonresidents, twelve (12) months after actual knowledge of such occupation, not exceeding three (3) years, and saving to persons under the disabilities of infancy and unsoundness of mind, twelve (12) months after such disability is removed, but not exceeding ten (10) years.
(1) If such cooperative or company has actually taken possession of land, occupying it for the purpose of internal improvement, without condemnation or without the consent of the owner, the owner of such land may petition for a jury of inquest, in which case the same proceedings may be had, as near as may be, as set out in title 29, chapter 16, or amendments thereto; or the owner may sue for damages in the ordinary way, in which case the jury shall lay off the land in metes and bounds and assess the damages, as upon the trial of an appeal from the return of a jury of inquest.
(2) The owner of land shall, in such cases, commence proceedings within twelve (12) months after the land has been actually taken possession of, and the work of the proposed internal improvement begun; saving, however, to unknown owners and nonresidents, twelve (12) months after actual knowledge of such occupation, not exceeding three (3) years, and saving to persons under the disabilities of infancy and unsoundness of mind, twelve (12) months after such disability is removed, but not exceeding ten (10) years.
Amended by 2014 Tenn. Acts, ch. 927,s 14, eff. 5/16/2014.
Acts 1961, ch. 330, § 24; T.C.A., § 65-2925.
Tenn. Code Ann. § 65-31-106 — TN Code / Title 65 / Chapter 31 / Section 65-31-106
Notice of intent to excavate or demolish
Status: in_force

(a) (1) Except as provided in § 65-31-109 , before beginning any excavation or demolition operation described in § 65-31-104 , each person responsible for such excavation or demolition shall serve written, telephonic, or electronic notice of intent to excavate or demolish at least three (3) working days prior to the actual date of excavation or demolition, but not more than ten (10) full working days prior to such time, unless a different period has been agreed to in writing by the person responsible for the excavation or demolition and the operator or designated representative. Should a period of time of fifteen (15) calendar days from the actual date specified to start excavation or demolition expire without the excavation or demolition being completed, then the person responsible for such excavation or demolition shall serve an additional written, telephonic, or electronic notice of intent to excavate or demolish at least three (3) working days prior to the expiration of time on the fifteenth calendar day. (2) If the proposed area of excavation or demolition is not served by the one-call service as provided in § 65-31-107 , then the notice required by this subsection (a) shall be served on each operator which has filed a list required by § 65-31-105 indicating that it has underground utilities located in the county where the excavation or demolition is to occur. (3) If the proposed area of excavation or demolition is served by the one-call service, as provided for in § 65-31-107 , the notice required by this subsection (a) shall be served on such one-call service; provided, that where demolition of a building is proposed, each affected operator shall be given reasonable time to remove or protect its utilities before demolition of the building begins. (b) The written, telephonic, or electronic notice required by subsection (a) shall contain the name, address, telephone number and e-mail address of the person filing the notice of intent and, if different, the person responsible for the excavation or demolition, the starting date, the anticipated duration of the excavation or demolition, the type of excavation or demolition operation to be conducted, the specific location of the proposed excavation or demolition, and whether or not explosives are anticipated to be used. The person responsible for the excavation or demolition shall designate the location of the proposed area of excavation or demolition by marking the area, consistent with the marking standards established by the rules adopted pursuant to § 65-31-108(a) , with "safety white" color-coded stakes, with white paint, or by electronic white lining, unless: (1) The operator or its agent can determine the precise location of the proposed area of excavation based solely on the street address from a one-call service locate ticket because of the size of the property; (2) The operator or its agent can determine the precise location of the proposed area of excavation from a one-call service locate ticket that references a driveway or other easily identifiable point on the property and that identifies the property by street address or block and lot number; (3) The operator or its agent can determine the precise location of the proposed area of excavation from a one-call service locate ticket that identifies the property as being located on a street or road between two (2) designed intersections of the street or road and two (2) cross streets or roads when a street address or block and lot number is unavailable or does not apply; or (4) The person responsible for the excavation or demolition and all operators with underground facilities in the proposed area of excavation have had a meeting prior to the beginning of the excavation or demolition for the exchange of information on the location of the proposed excavation or demolition. (c) If the notification required by this section is made by telephone or electronically, an adequate record of such notification shall be maintained by each notified operator or one-call service to document compliance with the requirements of this chapter, and a copy of this record shall be furnished by any operator or one-call service to the person giving notice of intent to excavate or demolish, when so requested by that person. (d) Except as provided in § 65-31-109 , before beginning any excavation or demolition within one hundred feet (100') of the edge of the pavement of a street or highway when that area lies outside a street, highway, public space or a private easement of an operator, an excavator shall serve notice of the excavation or demolition at least three (3) working days before the actual date of excavation or demolition as set forth in this section. If after receiving proper notification as required in this section, an operator fails to locate its facilities within three (3) working days in the manner required by § 65-31-108 , the excavator shall be authorized to proceed with the excavation. If an operator fails to locate its facilities within three (3) working days in the manner required by § 65-31-108 after receiving proper notification as required by this section and an underground facility of the operator is damaged by an excavator as a result of the operator's failure to discharge such duty, then the excavator shall not be liable for the damage; provided, that, if the excavator observes clear evidence of the presence of an unmarked utility in the area of the proposed excavation, the excavator shall exercise reasonable care to avoid damage to the utility that may be caused by the excavation, and the excavator shall be liable for damages arising from its failure to use reasonable care in such circumstances. (e) The notice requirements of this section do not apply to: (1) A property owner utilizing non-mechanized tools or equipment on their own property; or (2) The use of non-mechanized tools or equipment by or on behalf of a member operator to a depth not greater than twelve inches (12") for locating, repairing, connecting, protecting, or routine maintenance of the member operator's underground facilities. Amended by 2024 Tenn. Acts, ch. 628,s 4, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 628,s 3, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 274, s 4, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 274, s 3, eff. 4/28/2023. Amended by 2021 Tenn. Acts, ch. 307, s 2, eff. 7/1/2021. Acts 1978, ch. 692, § 6; T.C.A., § 65-3206; Acts 1993, ch. 223, §§8-12; 1999, ch. 73, § 2; 2006, ch. 686, §§2 - 5; 2007 , ch. 218, §§ 4, 6.
(a) (1) Except as provided in § 65-31-109 , before beginning any excavation or demolition operation described in § 65-31-104 , each person responsible for such excavation or demolition shall serve written, telephonic, or electronic notice of intent to excavate or demolish at least three (3) working days prior to the actual date of excavation or demolition, but not more than ten (10) full working days prior to such time, unless a different period has been agreed to in writing by the person responsible for the excavation or demolition and the operator or designated representative. Should a period of time of fifteen (15) calendar days from the actual date specified to start excavation or demolition expire without the excavation or demolition being completed, then the person responsible for such excavation or demolition shall serve an additional written, telephonic, or electronic notice of intent to excavate or demolish at least three (3) working days prior to the expiration of time on the fifteenth calendar day. (2) If the proposed area of excavation or demolition is not served by the one-call service as provided in § 65-31-107 , then the notice required by this subsection (a) shall be served on each operator which has filed a list required by § 65-31-105 indicating that it has underground utilities located in the county where the excavation or demolition is to occur. (3) If the proposed area of excavation or demolition is served by the one-call service, as provided for in § 65-31-107 , the notice required by this subsection (a) shall be served on such one-call service; provided, that where demolition of a building is proposed, each affected operator shall be given reasonable time to remove or protect its utilities before demolition of the building begins.
(1) Except as provided in § 65-31-109 , before beginning any excavation or demolition operation described in § 65-31-104 , each person responsible for such excavation or demolition shall serve written, telephonic, or electronic notice of intent to excavate or demolish at least three (3) working days prior to the actual date of excavation or demolition, but not more than ten (10) full working days prior to such time, unless a different period has been agreed to in writing by the person responsible for the excavation or demolition and the operator or designated representative. Should a period of time of fifteen (15) calendar days from the actual date specified to start excavation or demolition expire without the excavation or demolition being completed, then the person responsible for such excavation or demolition shall serve an additional written, telephonic, or electronic notice of intent to excavate or demolish at least three (3) working days prior to the expiration of time on the fifteenth calendar day.
(2) If the proposed area of excavation or demolition is not served by the one-call service as provided in § 65-31-107 , then the notice required by this subsection (a) shall be served on each operator which has filed a list required by § 65-31-105 indicating that it has underground utilities located in the county where the excavation or demolition is to occur.
(3) If the proposed area of excavation or demolition is served by the one-call service, as provided for in § 65-31-107 , the notice required by this subsection (a) shall be served on such one-call service; provided, that where demolition of a building is proposed, each affected operator shall be given reasonable time to remove or protect its utilities before demolition of the building begins.
(b) The written, telephonic, or electronic notice required by subsection (a) shall contain the name, address, telephone number and e-mail address of the person filing the notice of intent and, if different, the person responsible for the excavation or demolition, the starting date, the anticipated duration of the excavation or demolition, the type of excavation or demolition operation to be conducted, the specific location of the proposed excavation or demolition, and whether or not explosives are anticipated to be used. The person responsible for the excavation or demolition shall designate the location of the proposed area of excavation or demolition by marking the area, consistent with the marking standards established by the rules adopted pursuant to § 65-31-108(a) , with "safety white" color-coded stakes, with white paint, or by electronic white lining, unless: (1) The operator or its agent can determine the precise location of the proposed area of excavation based solely on the street address from a one-call service locate ticket because of the size of the property; (2) The operator or its agent can determine the precise location of the proposed area of excavation from a one-call service locate ticket that references a driveway or other easily identifiable point on the property and that identifies the property by street address or block and lot number; (3) The operator or its agent can determine the precise location of the proposed area of excavation from a one-call service locate ticket that identifies the property as being located on a street or road between two (2) designed intersections of the street or road and two (2) cross streets or roads when a street address or block and lot number is unavailable or does not apply; or (4) The person responsible for the excavation or demolition and all operators with underground facilities in the proposed area of excavation have had a meeting prior to the beginning of the excavation or demolition for the exchange of information on the location of the proposed excavation or demolition.
(1) The operator or its agent can determine the precise location of the proposed area of excavation based solely on the street address from a one-call service locate ticket because of the size of the property;
(2) The operator or its agent can determine the precise location of the proposed area of excavation from a one-call service locate ticket that references a driveway or other easily identifiable point on the property and that identifies the property by street address or block and lot number;
(3) The operator or its agent can determine the precise location of the proposed area of excavation from a one-call service locate ticket that identifies the property as being located on a street or road between two (2) designed intersections of the street or road and two (2) cross streets or roads when a street address or block and lot number is unavailable or does not apply; or
(4) The person responsible for the excavation or demolition and all operators with underground facilities in the proposed area of excavation have had a meeting prior to the beginning of the excavation or demolition for the exchange of information on the location of the proposed excavation or demolition.
(c) If the notification required by this section is made by telephone or electronically, an adequate record of such notification shall be maintained by each notified operator or one-call service to document compliance with the requirements of this chapter, and a copy of this record shall be furnished by any operator or one-call service to the person giving notice of intent to excavate or demolish, when so requested by that person.
(d) Except as provided in § 65-31-109 , before beginning any excavation or demolition within one hundred feet (100') of the edge of the pavement of a street or highway when that area lies outside a street, highway, public space or a private easement of an operator, an excavator shall serve notice of the excavation or demolition at least three (3) working days before the actual date of excavation or demolition as set forth in this section. If after receiving proper notification as required in this section, an operator fails to locate its facilities within three (3) working days in the manner required by § 65-31-108 , the excavator shall be authorized to proceed with the excavation. If an operator fails to locate its facilities within three (3) working days in the manner required by § 65-31-108 after receiving proper notification as required by this section and an underground facility of the operator is damaged by an excavator as a result of the operator's failure to discharge such duty, then the excavator shall not be liable for the damage; provided, that, if the excavator observes clear evidence of the presence of an unmarked utility in the area of the proposed excavation, the excavator shall exercise reasonable care to avoid damage to the utility that may be caused by the excavation, and the excavator shall be liable for damages arising from its failure to use reasonable care in such circumstances.
(e) The notice requirements of this section do not apply to: (1) A property owner utilizing non-mechanized tools or equipment on their own property; or (2) The use of non-mechanized tools or equipment by or on behalf of a member operator to a depth not greater than twelve inches (12") for locating, repairing, connecting, protecting, or routine maintenance of the member operator's underground facilities.
(1) A property owner utilizing non-mechanized tools or equipment on their own property; or
(2) The use of non-mechanized tools or equipment by or on behalf of a member operator to a depth not greater than twelve inches (12") for locating, repairing, connecting, protecting, or routine maintenance of the member operator's underground facilities.
Amended by 2024 Tenn. Acts, ch. 628,s 4, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 628,s 3, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 274, s 4, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 274, s 3, eff. 4/28/2023.
Amended by 2021 Tenn. Acts, ch. 307, s 2, eff. 7/1/2021.
Acts 1978, ch. 692, § 6; T.C.A., § 65-3206; Acts 1993, ch. 223, §§8-12; 1999, ch. 73, § 2; 2006, ch. 686, §§2 - 5; 2007 , ch. 218, §§ 4, 6.
Tenn. Code Ann. § 65-15-311 — TN Code / Title 65 / Chapter 15 / Section 65-15-311
Suspected drug or alcohol use during course of trip
Status: in_force

If the transportation network company is informed through the complaint procedure as described in § 65-15-305(a) that a rider reasonably suspects that a driver was under the influence of drugs or alcohol during the course of a trip, the transportation network company shall instruct the rider who filed the complaint to also report the driver's suspected drug or alcohol use to a local law enforcement agency having jurisdiction over any criminal offense that may have occurred as a result of a driver being under the influence of drugs or alcohol. A transportation network company shall comply with any investigation by the local law enforcement agency. Acts 2015, ch. 520, § 4.
If the transportation network company is informed through the complaint procedure as described in § 65-15-305(a) that a rider reasonably suspects that a driver was under the influence of drugs or alcohol during the course of a trip, the transportation network company shall instruct the rider who filed the complaint to also report the driver's suspected drug or alcohol use to a local law enforcement agency having jurisdiction over any criminal offense that may have occurred as a result of a driver being under the influence of drugs or alcohol. A transportation network company shall comply with any investigation by the local law enforcement agency.
Acts 2015, ch. 520, § 4.
Tenn. Code Ann. § 65-28-104 — TN Code / Title 65 / Chapter 28 / Section 65-28-104
Gas pipeline systems - Definitions
Status: in_force

As used in §§ 65-28-104 - 65-28-111, unless the context otherwise requires: (1) "Commission" means the Tennessee public utility commission; (2) "Federal safety standards" means the minimum federal safety standards adopted by the United States department of transportation pursuant to the Natural Gas Pipeline Safety Act ( 49 U.S.C. § 60101 et seq.) or any amendments thereto which may be adopted in the future; (3) "Gas" means natural gas, petroleum gas, flammable gas, or gas which is toxic or corrosive; (4) "Gas public utilities" means any person, firm, corporation or other legal entity of any kind engaged in the transportation of gas, and includes the state of Tennessee, every county in the state of Tennessee, every municipality in the state of Tennessee and every utility district created under title 7, chapter 82, which has not been certified with the department of transportation under the Natural Gas Pipeline Safety Act, every public body or corporation of whatever kind in the state of Tennessee, and every private or nonpublic entity, when engaged in the transportation of gas; (5) "Pipeline systems" means new and existing pipeline rights-of-way and any pipeline, equipment facility, and building, used by a public utility in the transportation and distribution of gas or the treatment of gas during the course of transportation and distribution, but "rights-of-way" as used in §§ 65-28-104 - 65-28-111 does not authorize the commission to prescribe the location or routing of any pipeline facility; and (6) "Transportation of gas" means the gathering, transmission, and distribution of natural gas by pipeline, or its storage, and the transmission and distribution of all kinds of gas other than natural gas. Acts 1970, ch. 558, § 1; 1973, ch. 217, § 1; T.C.A., § 65-2804; Acts 1995, ch. 305, § 36.
As used in §§ 65-28-104 - 65-28-111, unless the context otherwise requires:
(1) "Commission" means the Tennessee public utility commission;
(2) "Federal safety standards" means the minimum federal safety standards adopted by the United States department of transportation pursuant to the Natural Gas Pipeline Safety Act ( 49 U.S.C. § 60101 et seq.) or any amendments thereto which may be adopted in the future;
(3) "Gas" means natural gas, petroleum gas, flammable gas, or gas which is toxic or corrosive;
(4) "Gas public utilities" means any person, firm, corporation or other legal entity of any kind engaged in the transportation of gas, and includes the state of Tennessee, every county in the state of Tennessee, every municipality in the state of Tennessee and every utility district created under title 7, chapter 82, which has not been certified with the department of transportation under the Natural Gas Pipeline Safety Act, every public body or corporation of whatever kind in the state of Tennessee, and every private or nonpublic entity, when engaged in the transportation of gas;
(5) "Pipeline systems" means new and existing pipeline rights-of-way and any pipeline, equipment facility, and building, used by a public utility in the transportation and distribution of gas or the treatment of gas during the course of transportation and distribution, but "rights-of-way" as used in §§ 65-28-104 - 65-28-111 does not authorize the commission to prescribe the location or routing of any pipeline facility; and
(6) "Transportation of gas" means the gathering, transmission, and distribution of natural gas by pipeline, or its storage, and the transmission and distribution of all kinds of gas other than natural gas.
Acts 1970, ch. 558, § 1; 1973, ch. 217, § 1; T.C.A., § 65-2804; Acts 1995, ch. 305, § 36.
Tenn. Code Ann. § 65-31-105 — TN Code / Title 65 / Chapter 31 / Section 65-31-105
Filing requirements for utility operators
Status: in_force

(a) Each operator, except operators participating in a one-call service, having underground facilities in a county, including those facilities that have been abandoned in place by the operator but not yet physically removed, shall file a notice with the register of deeds of the county that states that the operator has underground utilities located in that county, the name of the operator and the name, title, address, telephone number and electronic mail (e-mail address), if the representative has an e-mail address, of its representative designated to receive the written, telephonic or e-mail notice of intent required by § 65-31-106 . It is only necessary that such notice shall consist of the fact that the operator possesses underground facilities in the listed counties. It is not necessary that the operator list the exact physical location of each and every item of its underground facilities in such counties. (b) Changes in any of the information contained in the list filed under subsection (a) shall be filed by the operator with the register of deeds of the county, or the register of deeds of each county in which these utilities are located, within thirty (30) working days of the change. (c) A filing fee as determined by the register of deeds may accompany the filing. These filings shall be filed and an index shall be maintained and kept up to date by the register's office. (d) The register of deeds shall, within one (1) working day, furnish to the party requesting such information, in writing when requested, a list of all operators having filed notices pursuant to subsection (a) and all other information regarding each such operator that has been filed with the register of deeds in accordance with subsection (a). When submitted in writing by the register of deeds, the information shall also include the name of the requesting party, and the date and time the register of deeds received the request from the requesting party. (e) After March 27, 1978, operators shall maintain records and drawings of all changes and additions to its underground facilities. (f) All underground utilities owned by an operator that are installed on or after January 1, 2017, shall be installed in a manner that will make those underground utilities locatable using a generally accepted electronic locating method. Amended by 2015 Tenn. Acts, ch. 488, s 2, eff. 5/20/2015. Acts 1978, ch. 692, § 5; T.C.A., § 65-3205; Acts 1993, ch. 223, §§5-7; 2006, ch. 686, § 1.
(a) Each operator, except operators participating in a one-call service, having underground facilities in a county, including those facilities that have been abandoned in place by the operator but not yet physically removed, shall file a notice with the register of deeds of the county that states that the operator has underground utilities located in that county, the name of the operator and the name, title, address, telephone number and electronic mail (e-mail address), if the representative has an e-mail address, of its representative designated to receive the written, telephonic or e-mail notice of intent required by § 65-31-106 . It is only necessary that such notice shall consist of the fact that the operator possesses underground facilities in the listed counties. It is not necessary that the operator list the exact physical location of each and every item of its underground facilities in such counties.
(b) Changes in any of the information contained in the list filed under subsection (a) shall be filed by the operator with the register of deeds of the county, or the register of deeds of each county in which these utilities are located, within thirty (30) working days of the change.
(c) A filing fee as determined by the register of deeds may accompany the filing. These filings shall be filed and an index shall be maintained and kept up to date by the register's office.
(d) The register of deeds shall, within one (1) working day, furnish to the party requesting such information, in writing when requested, a list of all operators having filed notices pursuant to subsection (a) and all other information regarding each such operator that has been filed with the register of deeds in accordance with subsection (a). When submitted in writing by the register of deeds, the information shall also include the name of the requesting party, and the date and time the register of deeds received the request from the requesting party.
(e) After March 27, 1978, operators shall maintain records and drawings of all changes and additions to its underground facilities.
(f) All underground utilities owned by an operator that are installed on or after January 1, 2017, shall be installed in a manner that will make those underground utilities locatable using a generally accepted electronic locating method.
Amended by 2015 Tenn. Acts, ch. 488, s 2, eff. 5/20/2015.
Acts 1978, ch. 692, § 5; T.C.A., § 65-3205; Acts 1993, ch. 223, §§5-7; 2006, ch. 686, § 1.
Tenn. Code Ann. § 65-4-405 — TN Code / Title 65 / Chapter 4 / Section 65-4-405
Database of persons objecting to solicitation - Regulations - Enforcement actions
Status: in_force

(a) The commission shall establish and provide for the operation of a database to compile a list of telephone numbers of residential subscribers who object to receiving telephone or text message solicitations. It shall be the duty of the commission to have such database in operation no later than May 1, 2000. Such database may be operated by the commission or by another entity under contract with the commission. (b) No later than January 1, 2000, the commission shall promulgate regulations which: (1) Require each local exchange company to semi-annually inform its residential subscribers of the opportunity to provide notification to the commission or its contractor that such subscriber objects to receiving telephone or text message solicitations; (2) Specify the methods by which each residential subscriber may give notice to the commission or its contractor of such subscriber's objection to receiving such solicitations or revocation of such notice; (3) Specify the length of time for which a notice of objection shall be effective and the effect of a change of telephone number on such notice; (4) Specify the methods by which such objections and revocations shall be collected and added to the database; (5) Specify the methods by which any person or entity desiring to make telephone or text message solicitations will obtain access to the database as required to avoid calling or texting the telephone numbers of residential subscribers included in the database; and (6) Specify such other matters that the commission deems necessary to implement this part. (c) If, pursuant to 47 U.S.C. § 227(c)(3) , the federal communications commission establishes a single national database of telephone numbers of subscribers who object to receiving telephone or text message solicitations, the commission shall include the part of such single national database that relates to this state in the database established under this part. (d) (1) A person or entity desiring to make telephone or text message solicitations to any residential subscriber shall pay to the commission by certified check or money order, on or before March 15, 2000, an annual registration fee of five hundred dollars ($500) to defray regulatory and enforcement expenses. Such annual registration fee shall allow access to the Do Not Call Register compiled from the database established under this part; such registration and access shall be limited to the time period April 1, 2000 until June 30, 2001, or any part thereof. Thereafter, the registration deadline and annual time period shall be determined by rule duly promulgated by the commission. (2) Unlimited electronic copies of the Do Not Call Register shall be available to persons or entities upon their payment of the annual registration fee. A fee shall be established by rule of the commission for paper copies of the Do Not Call Register. (3) Fifteen (15) days after the registration deadline, the non-payment of any required fee is a violation of this part. The telephone or text message solicitation of any residential subscriber listed in the Do Not Call Register compiled from the database established under this part, by any person or entity who is not duly registered and who is not otherwise exempted by law, is a violation of this part. (4) As used in this subsection (d), "entity" includes any parent, subsidiary, or affiliate of a person. (e) Information contained in the database established under this part shall not be subject to public inspection or disclosure under title 10, chapter 7. Such information shall be used only for the purpose of compliance with this part or in a proceeding or action under this part. (f) The commission is authorized to initiate proceedings relative to a violation of this part or any rules and regulations promulgated pursuant to this part. Such proceedings include without limitation proceedings to issue a cease and desist order, to issue an order imposing a civil penalty up to a maximum of two thousand dollars ($2,000) for each knowing violation, and to seek additional relief in any court of competent jurisdiction. Each violation shall be calculated in a liberal manner to deter violations and to protect consumers. Each violation may include each telephone or text message solicitation made to a residential subscriber that was on the list that the violator telephoned. The commission is authorized to issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of this part, in accordance with this title. All civil penalties assessed pursuant to this part shall be deposited in the public utilities account in the state treasury. (g) No later than January 1, 2000, the commission shall hold a hearing to receive testimony from entities subject to this part who employ independent contractors to make telephone or text message solicitations to determine if the commission should authorize such independent contractors to access the database at a reduced fee. The commission is authorized to allow such access and develop a fee schedule for access to the database by independent contractors and the entity which employs such contractors. (h) As supplementary to the authority granted in this part, the attorney general and reporter, at the request of the commission, may bring an action in any court of competent jurisdiction in the name of the state against any person or entity relative to a violation of this part or any rules and regulations promulgated pursuant to this part. The courts are authorized to issue orders and injunctions to restrain and prevent violations of this part, and such orders and injunctions shall be issued without bond. In any action commenced by the state, the courts are authorized to order reasonable attorneys' fees and investigative costs be paid by the violator to the state. An action brought by the attorney general and reporter may also include other causes of action such as but not limited to a claim under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1. (i) Upon request of any person, the commission shall initiate a rulemaking proceeding establishing the rules pursuant to which a registrant may share the Do Not Call Register with persons affiliated with the registrant as an independent contractor or member. (j) On and after January 1, 2012, for purposes of this section, "residential subscriber" also means a state government telephone subscriber. Amended by 2023 Tenn. Acts, ch. 126, Secs.s 6, s 7 eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 126, s 5, eff. 7/1/2023. Acts 1999, ch. 478, § 5; 2000, ch. 729, §§ 1 - 4; 2011 , ch. 177, § 2.
(a) The commission shall establish and provide for the operation of a database to compile a list of telephone numbers of residential subscribers who object to receiving telephone or text message solicitations. It shall be the duty of the commission to have such database in operation no later than May 1, 2000. Such database may be operated by the commission or by another entity under contract with the commission.
(b) No later than January 1, 2000, the commission shall promulgate regulations which: (1) Require each local exchange company to semi-annually inform its residential subscribers of the opportunity to provide notification to the commission or its contractor that such subscriber objects to receiving telephone or text message solicitations; (2) Specify the methods by which each residential subscriber may give notice to the commission or its contractor of such subscriber's objection to receiving such solicitations or revocation of such notice; (3) Specify the length of time for which a notice of objection shall be effective and the effect of a change of telephone number on such notice; (4) Specify the methods by which such objections and revocations shall be collected and added to the database; (5) Specify the methods by which any person or entity desiring to make telephone or text message solicitations will obtain access to the database as required to avoid calling or texting the telephone numbers of residential subscribers included in the database; and (6) Specify such other matters that the commission deems necessary to implement this part.
(1) Require each local exchange company to semi-annually inform its residential subscribers of the opportunity to provide notification to the commission or its contractor that such subscriber objects to receiving telephone or text message solicitations;
(2) Specify the methods by which each residential subscriber may give notice to the commission or its contractor of such subscriber's objection to receiving such solicitations or revocation of such notice;
(3) Specify the length of time for which a notice of objection shall be effective and the effect of a change of telephone number on such notice;
(4) Specify the methods by which such objections and revocations shall be collected and added to the database;
(5) Specify the methods by which any person or entity desiring to make telephone or text message solicitations will obtain access to the database as required to avoid calling or texting the telephone numbers of residential subscribers included in the database; and
(6) Specify such other matters that the commission deems necessary to implement this part.
(c) If, pursuant to 47 U.S.C. § 227(c)(3) , the federal communications commission establishes a single national database of telephone numbers of subscribers who object to receiving telephone or text message solicitations, the commission shall include the part of such single national database that relates to this state in the database established under this part.
(d) (1) A person or entity desiring to make telephone or text message solicitations to any residential subscriber shall pay to the commission by certified check or money order, on or before March 15, 2000, an annual registration fee of five hundred dollars ($500) to defray regulatory and enforcement expenses. Such annual registration fee shall allow access to the Do Not Call Register compiled from the database established under this part; such registration and access shall be limited to the time period April 1, 2000 until June 30, 2001, or any part thereof. Thereafter, the registration deadline and annual time period shall be determined by rule duly promulgated by the commission. (2) Unlimited electronic copies of the Do Not Call Register shall be available to persons or entities upon their payment of the annual registration fee. A fee shall be established by rule of the commission for paper copies of the Do Not Call Register. (3) Fifteen (15) days after the registration deadline, the non-payment of any required fee is a violation of this part. The telephone or text message solicitation of any residential subscriber listed in the Do Not Call Register compiled from the database established under this part, by any person or entity who is not duly registered and who is not otherwise exempted by law, is a violation of this part. (4) As used in this subsection (d), "entity" includes any parent, subsidiary, or affiliate of a person.
(1) A person or entity desiring to make telephone or text message solicitations to any residential subscriber shall pay to the commission by certified check or money order, on or before March 15, 2000, an annual registration fee of five hundred dollars ($500) to defray regulatory and enforcement expenses. Such annual registration fee shall allow access to the Do Not Call Register compiled from the database established under this part; such registration and access shall be limited to the time period April 1, 2000 until June 30, 2001, or any part thereof. Thereafter, the registration deadline and annual time period shall be determined by rule duly promulgated by the commission.
(2) Unlimited electronic copies of the Do Not Call Register shall be available to persons or entities upon their payment of the annual registration fee. A fee shall be established by rule of the commission for paper copies of the Do Not Call Register.
(3) Fifteen (15) days after the registration deadline, the non-payment of any required fee is a violation of this part. The telephone or text message solicitation of any residential subscriber listed in the Do Not Call Register compiled from the database established under this part, by any person or entity who is not duly registered and who is not otherwise exempted by law, is a violation of this part.
(4) As used in this subsection (d), "entity" includes any parent, subsidiary, or affiliate of a person.
(e) Information contained in the database established under this part shall not be subject to public inspection or disclosure under title 10, chapter 7. Such information shall be used only for the purpose of compliance with this part or in a proceeding or action under this part.
(f) The commission is authorized to initiate proceedings relative to a violation of this part or any rules and regulations promulgated pursuant to this part. Such proceedings include without limitation proceedings to issue a cease and desist order, to issue an order imposing a civil penalty up to a maximum of two thousand dollars ($2,000) for each knowing violation, and to seek additional relief in any court of competent jurisdiction. Each violation shall be calculated in a liberal manner to deter violations and to protect consumers. Each violation may include each telephone or text message solicitation made to a residential subscriber that was on the list that the violator telephoned. The commission is authorized to issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of this part, in accordance with this title. All civil penalties assessed pursuant to this part shall be deposited in the public utilities account in the state treasury.
(g) No later than January 1, 2000, the commission shall hold a hearing to receive testimony from entities subject to this part who employ independent contractors to make telephone or text message solicitations to determine if the commission should authorize such independent contractors to access the database at a reduced fee. The commission is authorized to allow such access and develop a fee schedule for access to the database by independent contractors and the entity which employs such contractors.
(h) As supplementary to the authority granted in this part, the attorney general and reporter, at the request of the commission, may bring an action in any court of competent jurisdiction in the name of the state against any person or entity relative to a violation of this part or any rules and regulations promulgated pursuant to this part. The courts are authorized to issue orders and injunctions to restrain and prevent violations of this part, and such orders and injunctions shall be issued without bond. In any action commenced by the state, the courts are authorized to order reasonable attorneys' fees and investigative costs be paid by the violator to the state. An action brought by the attorney general and reporter may also include other causes of action such as but not limited to a claim under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1.
(i) Upon request of any person, the commission shall initiate a rulemaking proceeding establishing the rules pursuant to which a registrant may share the Do Not Call Register with persons affiliated with the registrant as an independent contractor or member.
(j) On and after January 1, 2012, for purposes of this section, "residential subscriber" also means a state government telephone subscriber.
Amended by 2023 Tenn. Acts, ch. 126, Secs.s 6, s 7 eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 126, s 5, eff. 7/1/2023.
Acts 1999, ch. 478, § 5; 2000, ch. 729, §§ 1 - 4; 2011 , ch. 177, § 2.
Tenn. Code Ann. § 65-33-101 — TN Code / Title 65 / Chapter 33 / Section 65-33-101
Monthly average payment plans required
Status: in_force

Each utility company or service, serving over fifteen thousand (15,000) residential customers, providing electricity, natural gas, or other fuel to consumers in this state shall provide a method by which its customers may pay fuel bills monthly on an average basis. Acts 1978, ch. 615, § 1; T.C.A., § 65-3501.
Each utility company or service, serving over fifteen thousand (15,000) residential customers, providing electricity, natural gas, or other fuel to consumers in this state shall provide a method by which its customers may pay fuel bills monthly on an average basis.
Acts 1978, ch. 615, § 1; T.C.A., § 65-3501.
Tenn. Code Ann. § 65-25-119 — TN Code / Title 65 / Chapter 25 / Section 65-25-119
Effect of consolidation or merger
Status: in_force

The effect of consolidation or merger shall be as follows: (1) The several cooperatives which are parties to the consolidation or merger shall be a single cooperative, which, in the case of a consolidation, shall be the new cooperative provided for in the articles of consolidation, and, in the case of a merger, shall be that cooperative designated in the articles of merger as the surviving cooperative, and the separate existence of all such cooperatives, except the new or surviving cooperative, shall cease; (2) Such new or surviving cooperatives shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a cooperative organized under this chapter, and shall possess all the rights, privileges, immunities and franchises, as well of a public as of a private nature, and all property, real and personal, applications for membership, all debts due on whatever account, and all other choses in action, of each of the consolidating or merging cooperatives. Furthermore, all and every interest of, or belonging or due to, each of the cooperatives so consolidated or merged shall be taken and deemed to be transferred to and vested in such new or surviving cooperative without further act or deed; and the title to any real estate, or any interest therein, under the laws of this state, vested in any such cooperatives shall not revert or be in any way impaired by such consolidation or merger; (3) Such new or surviving cooperative shall thenceforth be responsible and liable for all of the liabilities and obligations of each of the cooperatives so consolidated or merged, and any claim existing, or action or proceeding pending, by or against any of such cooperatives, may be prosecuted as if such consolidation or merger had not taken place, but such new or surviving cooperative may be substituted in its place; (4) Neither the rights of creditors nor any liens upon the property of any such cooperatives shall be impaired by such consolidation or merger; and (5) In the case of a consolidation, the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperatives; and in the case of a merger, the articles of incorporation of the surviving cooperative shall be deemed to be amended to the extent, if any, that changes in the articles of incorporation of the surviving cooperative are provided for in the articles of merger. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-219 .
The effect of consolidation or merger shall be as follows:
(1) The several cooperatives which are parties to the consolidation or merger shall be a single cooperative, which, in the case of a consolidation, shall be the new cooperative provided for in the articles of consolidation, and, in the case of a merger, shall be that cooperative designated in the articles of merger as the surviving cooperative, and the separate existence of all such cooperatives, except the new or surviving cooperative, shall cease;
(2) Such new or surviving cooperatives shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a cooperative organized under this chapter, and shall possess all the rights, privileges, immunities and franchises, as well of a public as of a private nature, and all property, real and personal, applications for membership, all debts due on whatever account, and all other choses in action, of each of the consolidating or merging cooperatives. Furthermore, all and every interest of, or belonging or due to, each of the cooperatives so consolidated or merged shall be taken and deemed to be transferred to and vested in such new or surviving cooperative without further act or deed; and the title to any real estate, or any interest therein, under the laws of this state, vested in any such cooperatives shall not revert or be in any way impaired by such consolidation or merger;
(3) Such new or surviving cooperative shall thenceforth be responsible and liable for all of the liabilities and obligations of each of the cooperatives so consolidated or merged, and any claim existing, or action or proceeding pending, by or against any of such cooperatives, may be prosecuted as if such consolidation or merger had not taken place, but such new or surviving cooperative may be substituted in its place;
(4) Neither the rights of creditors nor any liens upon the property of any such cooperatives shall be impaired by such consolidation or merger; and
(5) In the case of a consolidation, the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperatives; and in the case of a merger, the articles of incorporation of the surviving cooperative shall be deemed to be amended to the extent, if any, that changes in the articles of incorporation of the surviving cooperative are provided for in the articles of merger.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-219 .
Tenn. Code Ann. § 65-6-108 — TN Code / Title 65 / Chapter 6 / Section 65-6-108
Location of first of two lines
Status: in_force

If, in determining any controversy over routes, it shall appear to the court that the second company, in good faith, intends to and probably will construct its road, the first line constructed shall be located, if practicable, so as not to make it unreasonably expensive to construct the other one. Acts 1899, ch. 399, § 1; Shan., § 1880a3; Code 1932, § 3148; T.C.A. (orig. ed.), § 65-608.
If, in determining any controversy over routes, it shall appear to the court that the second company, in good faith, intends to and probably will construct its road, the first line constructed shall be located, if practicable, so as not to make it unreasonably expensive to construct the other one.
Acts 1899, ch. 399, § 1; Shan., § 1880a3; Code 1932, § 3148; T.C.A. (orig. ed.), § 65-608.
Tenn. Code Ann. § 65-11-112 — TN Code / Title 65 / Chapter 11 / Section 65-11-112
Maintenance of underpass or overpass
Status: in_force

When any underpass or overpass crossing is constructed on any state highway, under this chapter, it shall be maintained as follows: (1) The railroad company owning or operating the track at any such crossing shall maintain in good and safe repair at its sole expense all that part of any underpass or overpass and the approaches thereto on its rights-of-way, and also that part of any overpass structure or the approach thereto not supported by a fill, whether on its right-of-way or not, except the surface of the highway; provided, that the flooring of any overpass which supports the surface of the highway or which may constitute the surface of the highway shall be considered as a part of the structure to be maintained by and at the expense of the railroad company; and (2) The commissioner of transportation or the commissioner's designee shall maintain in good and safe repair out of the public funds, any fill, approach to any such crossing not on the right-of-way of the railroad company, and also the entire surface of the highway at all points. Acts 1921, ch. 132, § 5; Shan. Supp., § 1582a7; Code 1932, § 2643; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1112.
When any underpass or overpass crossing is constructed on any state highway, under this chapter, it shall be maintained as follows:
(1) The railroad company owning or operating the track at any such crossing shall maintain in good and safe repair at its sole expense all that part of any underpass or overpass and the approaches thereto on its rights-of-way, and also that part of any overpass structure or the approach thereto not supported by a fill, whether on its right-of-way or not, except the surface of the highway; provided, that the flooring of any overpass which supports the surface of the highway or which may constitute the surface of the highway shall be considered as a part of the structure to be maintained by and at the expense of the railroad company; and
(2) The commissioner of transportation or the commissioner's designee shall maintain in good and safe repair out of the public funds, any fill, approach to any such crossing not on the right-of-way of the railroad company, and also the entire surface of the highway at all points.
Acts 1921, ch. 132, § 5; Shan. Supp., § 1582a7; Code 1932, § 2643; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1112.
Tenn. Code Ann. § 65-37-101 — TN Code / Title 65 / Chapter 37 / Section 65-37-101
Promotional incentives for telecommunications services - Policy - Implementation
Status: in_force

(a) It is the policy of the general assembly to encourage and not prohibit or delay attractive discount pricing and special promotional offers for telecommunications services. (b) To implement the policy articulated in this section and to encourage low prices, notwithstanding any other law, all telecommunications providers shall be permitted to offer promotional incentives for telecommunications services, including rebates and limited free service offerings, with such promotions not extending more than six (6) months. Any such free service promotions shall not provide more than one (1) month of free local exchange service in any twelve-month period. Any such free service promotion available for the full six-month period may not be reinstituted for thirty (30) days after expiration of such period. Amended by 2017 Tenn. Acts, ch. 94,s 72, eff. 4/4/2017. Acts 2005, ch. 270, § 2.
(a) It is the policy of the general assembly to encourage and not prohibit or delay attractive discount pricing and special promotional offers for telecommunications services.
(b) To implement the policy articulated in this section and to encourage low prices, notwithstanding any other law, all telecommunications providers shall be permitted to offer promotional incentives for telecommunications services, including rebates and limited free service offerings, with such promotions not extending more than six (6) months. Any such free service promotions shall not provide more than one (1) month of free local exchange service in any twelve-month period. Any such free service promotion available for the full six-month period may not be reinstituted for thirty (30) days after expiration of such period.
Amended by 2017 Tenn. Acts, ch. 94,s 72, eff. 4/4/2017.
Acts 2005, ch. 270, § 2.
Tenn. Code Ann. § 65-3-121 — TN Code / Title 65 / Chapter 3 / Section 65-3-121
Indictments - Prosecutor
Status: in_force

(a) Indictments or presentments under this chapter and chapter 5 of this title shall be only upon recommendation or request of the department of transportation, filed in the court having jurisdiction of the offense. (b) The department of transportation or any member thereof, or any person authorized by law to prosecute criminal cases, may be prosecutor. Acts 1897, ch. 10, § 26; Shan., § 3059a57; Code 1932, § 5433; T.C.A. (orig. ed.), § 65-329; Acts 1995, ch. 305, § 10.
(a) Indictments or presentments under this chapter and chapter 5 of this title shall be only upon recommendation or request of the department of transportation, filed in the court having jurisdiction of the offense.
(b) The department of transportation or any member thereof, or any person authorized by law to prosecute criminal cases, may be prosecutor.
Acts 1897, ch. 10, § 26; Shan., § 3059a57; Code 1932, § 5433; T.C.A. (orig. ed.), § 65-329; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-25-125 — TN Code / Title 65 / Chapter 25 / Section 65-25-125
Nonapplicability or qualified applicability of certain provisions of the Tennessee Nonprofit Corporation Act
Status: in_force

(a) The following sections of the Tennessee Nonprofit Corporation Act, all contained in title 48, shall not be applicable to cooperatives incorporated under or otherwise subject to this chapter: §§ 48-56-103 , 48-56-204 , title 48, chapter 56, part 3 and § 48-56-501 ; §§ 48-57-102 - 48-57-105, 48-57-108, 48-57-201, 48-57-203 - 48-57-209 and 48-57-301; §§ 48-58-103 - 48-58-106, 48-58-108, and 48-58-109 and 48-58-304 [repealed]; §§ 48-60-103 , 48-60-202 - 48-60-204 and 48-60-302; title 48, chapter 61; §§ 48-62-101 and 48-62-103 ; §§ 48-63-101 and 48-63-102 ; and § 48-64-102 . (b) The following provisions of the Tennessee Nonprofit Corporation Act, all contained in title 48, shall, but only as qualified in this subsection (b), be applicable to cooperatives incorporated under or otherwise subject to this chapter: (1) Section 48-51-201 except as provided in subdivisions (13) and (31) and in the second sentence of subdivision (15) thereof; § 48-51-202 except that subsection (c) thereof shall apply also to notice to directors of board meetings; § 48-51-601 except that the words "impractical or" in subsection (a) thereof shall not be in effect; (2) Section 48-52-101 except that incorporators under this chapter may be one (1) or more cooperatives; (3) Title 48, chapter 55 shall apply to cooperatives, except that, with respect to cooperatives already in existence prior to January 1, 1988: (A) Unless and until thereafter changed, their registered offices and addresses shall be their principal offices and addresses and their registered agents shall be their general or acting managers, by whatever title known, and such agents' addresses shall be that of the registered offices; and (B) Such cooperatives need not file any statement of their registered offices or agents or of the addresses of such offices or agents until they otherwise are required to file an amendment of their respective charters pursuant to § 48-68-101(b) ; provided, if such registered offices or agents or their addresses are changed after January 1, 1988, such cooperatives shall file a statement thereof with the secretary of state pursuant to § 48-68-102 ; (4) Section 48-58-303 except that a cooperative may make loans to guarantee the obligations of a director, or of an officer who is also a member of the cooperative, in the ordinary course of business for the same purposes, on the same basis, and the same manner and to the same extent as such loans may be made to, or obligation may be guaranteed on behalf of, other members of the cooperative; (5) Subsection (a), but not subsection (b), of § 48-60-101 shall be applicable; and (6) Section 48-66-108 except that the entitlement in the section shall not be greater than the entitlement provided in § 48-66-102 . (c) The provisions of nonapplicability and of qualified applicability set forth in subsections (a) and (b) shall not be exclusive. Other provisions of the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, shall or shall not be applicable, wholly or on a qualified or partial basis, to cooperatives incorporated under or otherwise subject to this chapter, depending upon whether such provisions are or are not consistent with or different from the provisions of this chapter, as provided for in § 48-51-104 . Acts 1988, ch. 689, §2; 2014 , ch. 884, §§ 1, 2; T.C.A. § 65-25-225 .
(a) The following sections of the Tennessee Nonprofit Corporation Act, all contained in title 48, shall not be applicable to cooperatives incorporated under or otherwise subject to this chapter: §§ 48-56-103 , 48-56-204 , title 48, chapter 56, part 3 and § 48-56-501 ; §§ 48-57-102 - 48-57-105, 48-57-108, 48-57-201, 48-57-203 - 48-57-209 and 48-57-301; §§ 48-58-103 - 48-58-106, 48-58-108, and 48-58-109 and 48-58-304 [repealed]; §§ 48-60-103 , 48-60-202 - 48-60-204 and 48-60-302; title 48, chapter 61; §§ 48-62-101 and 48-62-103 ; §§ 48-63-101 and 48-63-102 ; and § 48-64-102 .
(b) The following provisions of the Tennessee Nonprofit Corporation Act, all contained in title 48, shall, but only as qualified in this subsection (b), be applicable to cooperatives incorporated under or otherwise subject to this chapter: (1) Section 48-51-201 except as provided in subdivisions (13) and (31) and in the second sentence of subdivision (15) thereof; § 48-51-202 except that subsection (c) thereof shall apply also to notice to directors of board meetings; § 48-51-601 except that the words "impractical or" in subsection (a) thereof shall not be in effect; (2) Section 48-52-101 except that incorporators under this chapter may be one (1) or more cooperatives; (3) Title 48, chapter 55 shall apply to cooperatives, except that, with respect to cooperatives already in existence prior to January 1, 1988: (A) Unless and until thereafter changed, their registered offices and addresses shall be their principal offices and addresses and their registered agents shall be their general or acting managers, by whatever title known, and such agents' addresses shall be that of the registered offices; and (B) Such cooperatives need not file any statement of their registered offices or agents or of the addresses of such offices or agents until they otherwise are required to file an amendment of their respective charters pursuant to § 48-68-101(b) ; provided, if such registered offices or agents or their addresses are changed after January 1, 1988, such cooperatives shall file a statement thereof with the secretary of state pursuant to § 48-68-102 ; (4) Section 48-58-303 except that a cooperative may make loans to guarantee the obligations of a director, or of an officer who is also a member of the cooperative, in the ordinary course of business for the same purposes, on the same basis, and the same manner and to the same extent as such loans may be made to, or obligation may be guaranteed on behalf of, other members of the cooperative; (5) Subsection (a), but not subsection (b), of § 48-60-101 shall be applicable; and (6) Section 48-66-108 except that the entitlement in the section shall not be greater than the entitlement provided in § 48-66-102 .
(1) Section 48-51-201 except as provided in subdivisions (13) and (31) and in the second sentence of subdivision (15) thereof; § 48-51-202 except that subsection (c) thereof shall apply also to notice to directors of board meetings; § 48-51-601 except that the words "impractical or" in subsection (a) thereof shall not be in effect;
(2) Section 48-52-101 except that incorporators under this chapter may be one (1) or more cooperatives;
(3) Title 48, chapter 55 shall apply to cooperatives, except that, with respect to cooperatives already in existence prior to January 1, 1988: (A) Unless and until thereafter changed, their registered offices and addresses shall be their principal offices and addresses and their registered agents shall be their general or acting managers, by whatever title known, and such agents' addresses shall be that of the registered offices; and (B) Such cooperatives need not file any statement of their registered offices or agents or of the addresses of such offices or agents until they otherwise are required to file an amendment of their respective charters pursuant to § 48-68-101(b) ; provided, if such registered offices or agents or their addresses are changed after January 1, 1988, such cooperatives shall file a statement thereof with the secretary of state pursuant to § 48-68-102 ;
(A) Unless and until thereafter changed, their registered offices and addresses shall be their principal offices and addresses and their registered agents shall be their general or acting managers, by whatever title known, and such agents' addresses shall be that of the registered offices; and
(B) Such cooperatives need not file any statement of their registered offices or agents or of the addresses of such offices or agents until they otherwise are required to file an amendment of their respective charters pursuant to § 48-68-101(b) ; provided, if such registered offices or agents or their addresses are changed after January 1, 1988, such cooperatives shall file a statement thereof with the secretary of state pursuant to § 48-68-102 ;
(4) Section 48-58-303 except that a cooperative may make loans to guarantee the obligations of a director, or of an officer who is also a member of the cooperative, in the ordinary course of business for the same purposes, on the same basis, and the same manner and to the same extent as such loans may be made to, or obligation may be guaranteed on behalf of, other members of the cooperative;
(5) Subsection (a), but not subsection (b), of § 48-60-101 shall be applicable; and
(6) Section 48-66-108 except that the entitlement in the section shall not be greater than the entitlement provided in § 48-66-102 .
(c) The provisions of nonapplicability and of qualified applicability set forth in subsections (a) and (b) shall not be exclusive. Other provisions of the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, shall or shall not be applicable, wholly or on a qualified or partial basis, to cooperatives incorporated under or otherwise subject to this chapter, depending upon whether such provisions are or are not consistent with or different from the provisions of this chapter, as provided for in § 48-51-104 .
Acts 1988, ch. 689, §2; 2014 , ch. 884, §§ 1, 2; T.C.A. § 65-25-225 .
Tenn. Code Ann. § 65-18-104 — TN Code / Title 65 / Chapter 18 / Section 65-18-104
Crossing signs
Status: in_force

Boards, well supported by posts or otherwise, shall be placed, and constantly kept, across each public road, when the same is crossed on the same level by the track of the railway, the boards to be elevated so as not to obstruct travel, and, on each side of such board, there shall be printed in large letters, easily to be seen by the traveler, the words, "Railroad Crossing - Look Out for the Cars." Acts 1887, ch. 16, § 2; Shan., § 2251; Code 1932, § 3969; T.C.A. (orig. ed.), § 65-1804.
Boards, well supported by posts or otherwise, shall be placed, and constantly kept, across each public road, when the same is crossed on the same level by the track of the railway, the boards to be elevated so as not to obstruct travel, and, on each side of such board, there shall be printed in large letters, easily to be seen by the traveler, the words, "Railroad Crossing - Look Out for the Cars."
Acts 1887, ch. 16, § 2; Shan., § 2251; Code 1932, § 3969; T.C.A. (orig. ed.), § 65-1804.
Tenn. Code Ann. § 65-25-124 — TN Code / Title 65 / Chapter 25 / Section 65-25-124
Securities act exemption
Status: in_force

Title 48, chapter 16 shall not apply to any note, bond, or other evidence of indebtedness issued by any cooperative or foreign corporation transacting business in this state pursuant to this chapter, to the United States or any agency or instrumentality thereof, or to any mortgage or deed of trust executed to secure the same. These sections, as amended, shall not apply to the issuance of membership certificates by any cooperative or any such foreign corporation. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-224 .
Title 48, chapter 16 shall not apply to any note, bond, or other evidence of indebtedness issued by any cooperative or foreign corporation transacting business in this state pursuant to this chapter, to the United States or any agency or instrumentality thereof, or to any mortgage or deed of trust executed to secure the same. These sections, as amended, shall not apply to the issuance of membership certificates by any cooperative or any such foreign corporation.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-224 .
Tenn. Code Ann. § 65-29-120 — TN Code / Title 65 / Chapter 29 / Section 65-29-120
Filing fees
Status: in_force

The secretary of state shall charge and collect for the filing of: (1) Articles of incorporation, twenty-five dollars ($25.00); (2) Articles of amendment, fifteen dollars ($15.00); (3) Articles of consolidation or merger, fifteen dollars ($15.00); (4) Articles of conversion, fifteen dollars ($15.00); (5) Certificate of election to dissolve, fifteen dollars ($15.00); (6) Articles of dissolution, fifteen dollars ($15.00); and (7) Certificate of change of principal office, five dollars ($5.00). Acts 1961, ch. 330, § 28; T.C.A., § 65-2920.
The secretary of state shall charge and collect for the filing of:
(1) Articles of incorporation, twenty-five dollars ($25.00);
(2) Articles of amendment, fifteen dollars ($15.00);
(3) Articles of consolidation or merger, fifteen dollars ($15.00);
(4) Articles of conversion, fifteen dollars ($15.00);
(5) Certificate of election to dissolve, fifteen dollars ($15.00);
(6) Articles of dissolution, fifteen dollars ($15.00); and
(7) Certificate of change of principal office, five dollars ($5.00).
Acts 1961, ch. 330, § 28; T.C.A., § 65-2920.
Tenn. Code Ann. § 65-19-105 — TN Code / Title 65 / Chapter 19 / Section 65-19-105
Authority to grant permits - Restriction
Status: in_force

All incorporated cities and towns are empowered to grant such permits or licenses to such common carriers, and to fix in such licenses and permits the routes, terms, and conditions upon which such common carriers may operate, subject to the above limitations; provided, that no license or permit shall be granted to any such common carrier, without the execution and filing of the above recited bond being required. Acts 1915, ch. 60, § 5; Shan., § 3079a203; Code 1932, § 5537; T.C.A. (orig. ed.), § 65-1905.
All incorporated cities and towns are empowered to grant such permits or licenses to such common carriers, and to fix in such licenses and permits the routes, terms, and conditions upon which such common carriers may operate, subject to the above limitations; provided, that no license or permit shall be granted to any such common carrier, without the execution and filing of the above recited bond being required.
Acts 1915, ch. 60, § 5; Shan., § 3079a203; Code 1932, § 5537; T.C.A. (orig. ed.), § 65-1905.
Tenn. Code Ann. § 65-4-409 — TN Code / Title 65 / Chapter 4 / Section 65-4-409
Portability of telephone number
Status: in_force

The local exchange company shall provide notice to the customer at the time the customer signs up for new service of the availability of number portability of the customer's telephone number. Acts 2006, ch. 769, § 1.
The local exchange company shall provide notice to the customer at the time the customer signs up for new service of the availability of number portability of the customer's telephone number.
Acts 2006, ch. 769, § 1.
Tenn. Code Ann. § 65-6-126 — TN Code / Title 65 / Chapter 6 / Section 65-6-126
Branch lines for industrial purposes
Status: in_force

Any railroad company operating a railroad, or any part of same, in this state, shall have power to build or acquire lateral or branch lines of railroad, not to exceed fifteen (15) miles in length, for any one (1) of such lateral or branch roads, extending from its main stem in the state to any mine or quarry, or into any mineral section of country tributary to such main stem, or to any mill, factory, or to the bank of any navigable stream, for the purpose of developing the resources of the country without any amendment to the charter of the railroad. Such railroads shall have power to condemn private property for use in the construction and operation of such lateral or branch roads; provided, that private property shall not be taken therefor, against the owner's will, without condemnation thereof, as provided by law in other cases, and such roads shall be, as common carriers, subject to the same duties and restrictions as the main lines with which they connect. Acts 1895, ch. 152, § 1; 1899, ch. 259, § 1; 1903, ch. 210, § 1; Shan., §§ 1489, 1872a1; mod. Code 1932, §§ 2571, 3137; modified; T.C.A. (orig. ed.), § 65-637.
Any railroad company operating a railroad, or any part of same, in this state, shall have power to build or acquire lateral or branch lines of railroad, not to exceed fifteen (15) miles in length, for any one (1) of such lateral or branch roads, extending from its main stem in the state to any mine or quarry, or into any mineral section of country tributary to such main stem, or to any mill, factory, or to the bank of any navigable stream, for the purpose of developing the resources of the country without any amendment to the charter of the railroad. Such railroads shall have power to condemn private property for use in the construction and operation of such lateral or branch roads; provided, that private property shall not be taken therefor, against the owner's will, without condemnation thereof, as provided by law in other cases, and such roads shall be, as common carriers, subject to the same duties and restrictions as the main lines with which they connect.
Acts 1895, ch. 152, § 1; 1899, ch. 259, § 1; 1903, ch. 210, § 1; Shan., §§ 1489, 1872a1; mod. Code 1932, §§ 2571, 3137; modified; T.C.A. (orig. ed.), § 65-637.