Tenn. Code Ann. § 65-19-202 — TN Code / Title 65 / Chapter 19 / Section 65-19-202
Part definitions
Status: in_force

"Ridesharing" means the prearranged transportation of persons in a motor vehicle where such transportation is incidental to another purpose of a volunteer driver, and includes ridesharing arrangements known as carpools, vanpools, and buspools. Acts 1984, ch. 557, § 2.
"Ridesharing" means the prearranged transportation of persons in a motor vehicle where such transportation is incidental to another purpose of a volunteer driver, and includes ridesharing arrangements known as carpools, vanpools, and buspools.
Acts 1984, ch. 557, § 2.
Tenn. Code Ann. § 65-6-204 — TN Code / Title 65 / Chapter 6 / Section 65-6-204
Side clearance
Status: in_force

The minimum side clearance from center line of standard gauge railroad tracks which are used or purported to be used for transporting freight cars, except as prescribed in this section, shall be as follows: (1) All structures and obstructions, except as specifically mentioned in this section, eight feet (8'); (2) All posts, pipes, crossing signals, and similar obstructions, eight feet (8'); (3) Platforms eight inches (8") or less above top of rail, four feet (4') and eight inches (8"); (4) Platforms four feet (4') or less above top of rail, seven feet (7') and six inches (6"), except platforms of railroad freight warehouse stations and freight transfer points, which shall have a clearance of not less than five feet (5') and nine inches (9"); (5) Platforms more than four feet (4') above top of rail used principally for loading and unloading refrigerator cars, eight feet (8'); (6) Switch boxes, switch operating mechanisms, and accessories necessary for the control and operation of signals and interlockers, projecting four inches (4") or less above top of rail, three feet (3'); (7) Low switch stands, dwarf signal stands and derail stands at center line of stand, six and one-half feet (6 ½'); (8) All structural parts of railroad bridges shall have clearances which conform to the recommendation of the A.R.E.A. in effect when construction is begun; (9) The side clearances specified in this section shall not apply to mail cranes during such times as the arms of such cranes are supporting mail sacks for delivery; provided, that the top arm is not lower than ten feet (10') and eight inches (8") above top of rail and neither arm extends within six feet (6') and five inches (5") from the center line of track; (10) Icing platforms, seven feet (7'); and (11) All minimum side clearances prescribed in this section are for tangent tracks. All structures adjacent to curve tracks shall have an additional minimum side clearance compensated for the curvature. Structures constructed prior to April 13, 1949, may be maintained at such clearance as was lawful at the time of construction. Acts 1949, ch. 178, § 4; C. Supp. 1950, § 2670.4; Acts 1951, ch. 144, § 1; T.C.A. (orig. ed.), § 65-626.
The minimum side clearance from center line of standard gauge railroad tracks which are used or purported to be used for transporting freight cars, except as prescribed in this section, shall be as follows:
(1) All structures and obstructions, except as specifically mentioned in this section, eight feet (8');
(2) All posts, pipes, crossing signals, and similar obstructions, eight feet (8');
(3) Platforms eight inches (8") or less above top of rail, four feet (4') and eight inches (8");
(4) Platforms four feet (4') or less above top of rail, seven feet (7') and six inches (6"), except platforms of railroad freight warehouse stations and freight transfer points, which shall have a clearance of not less than five feet (5') and nine inches (9");
(5) Platforms more than four feet (4') above top of rail used principally for loading and unloading refrigerator cars, eight feet (8');
(6) Switch boxes, switch operating mechanisms, and accessories necessary for the control and operation of signals and interlockers, projecting four inches (4") or less above top of rail, three feet (3');
(7) Low switch stands, dwarf signal stands and derail stands at center line of stand, six and one-half feet (6 ½');
(8) All structural parts of railroad bridges shall have clearances which conform to the recommendation of the A.R.E.A. in effect when construction is begun;
(9) The side clearances specified in this section shall not apply to mail cranes during such times as the arms of such cranes are supporting mail sacks for delivery; provided, that the top arm is not lower than ten feet (10') and eight inches (8") above top of rail and neither arm extends within six feet (6') and five inches (5") from the center line of track;
(10) Icing platforms, seven feet (7'); and
(11) All minimum side clearances prescribed in this section are for tangent tracks. All structures adjacent to curve tracks shall have an additional minimum side clearance compensated for the curvature. Structures constructed prior to April 13, 1949, may be maintained at such clearance as was lawful at the time of construction.
Acts 1949, ch. 178, § 4; C. Supp. 1950, § 2670.4; Acts 1951, ch. 144, § 1; T.C.A. (orig. ed.), § 65-626.
Tenn. Code Ann. § 65-10-109 — TN Code / Title 65 / Chapter 10 / Section 65-10-109
Enforcement of lien against subcontractor
Status: in_force

The notice provided for in § 65-10-105 shall operate as a first lien in favor of the claimant upon the amount that may be due from the principal contractor to the subcontractor, and may be enforced against the principal contractor as garnishee and the subcontractor as debtor. Acts 1883, ch. 220, § 4; Shan., § 3578; mod. Code 1932, § 8000; T.C.A. (orig. ed.), § 65-1009.
The notice provided for in § 65-10-105 shall operate as a first lien in favor of the claimant upon the amount that may be due from the principal contractor to the subcontractor, and may be enforced against the principal contractor as garnishee and the subcontractor as debtor.
Acts 1883, ch. 220, § 4; Shan., § 3578; mod. Code 1932, § 8000; T.C.A. (orig. ed.), § 65-1009.
Tenn. Code Ann. § 65-18-108 — TN Code / Title 65 / Chapter 18 / Section 65-18-108
Charge for transportation
Status: in_force

The charge for transportation shall be not exceeding eight cents (8¢) per one hundred pounds (100 lbs.) on heavy articles, and three cents (3¢) per cubic foot on articles of measurement, per mile, and at the same rate for each fraction of a mile, and not exceeding fifty cents (50¢) per mile for each passenger, and at the same rate for each fraction of a mile, with power to make special contracts with shippers and passengers on their roads in regard to rates of freight, and so as not to exceed the amounts herein designated. Acts 1887, ch. 16, § 2; Shan., § 2249; Code 1932, § 3967; T.C.A. (orig. ed.), § 65-1808.
The charge for transportation shall be not exceeding eight cents (8¢) per one hundred pounds (100 lbs.) on heavy articles, and three cents (3¢) per cubic foot on articles of measurement, per mile, and at the same rate for each fraction of a mile, and not exceeding fifty cents (50¢) per mile for each passenger, and at the same rate for each fraction of a mile, with power to make special contracts with shippers and passengers on their roads in regard to rates of freight, and so as not to exceed the amounts herein designated.
Acts 1887, ch. 16, § 2; Shan., § 2249; Code 1932, § 3967; T.C.A. (orig. ed.), § 65-1808.
Tenn. Code Ann. § 65-28-201 — TN Code / Title 65 / Chapter 28 / Section 65-28-201
Short title - Legislative intent - Construction
Status: in_force

(a) This part shall be known and may be cited as the "Landfill Methane Development Act." (b) It is recognized by the general assembly that the provision of dependable and economical sources of energy is vital to the health, welfare and economic well-being of the citizens and residents of the state and that one of the primary sources of energy in this state is natural gas. The general assembly further recognizes world supplies of natural gas are limited and that the market for natural gas has undergone major changes in recent years due to increasing demand. It is recognized by the general assembly that the primary constituent of natural gas is methane, and that methane is generated by the natural decomposition of materials deposited in solid waste landfills. Landfill methane is produced in landfills together with other gaseous materials, but the methane may be extracted, treated, and sold as a substitute for natural gas. It is also recognized by the general assembly that, if not utilized for a natural gas substitute or other energy or commercial use, the landfill methane may constitute a pollutant if released into the atmosphere; and, in certain instances under state and federal environmental laws, the landfill methane must be collected and destroyed and the commercial value of the landfill methane would then be wasted. In order to ensure that all persons have the flexibility and power to compete for and obtain methane from landfill gas and treat landfill gas for substitution for natural gas on terms that will result in continuing availability of both natural gas and landfill methane at reasonable rates to the citizens and residents of the state, and to encourage the reduction or elimination of atmospheric pollution that may occur if the landfill methane were allowed to be introduced into the atmosphere, it is the intent of the general assembly by this part to: (1) Authorize any person to finance, acquire, own, operate, lease and dispose of rights, titles and interest of every kind and nature in facilities to produce and treat methane produced from landfill properties located within the state as a substitute for natural gas; (2) Allow any pipeline corporation subject to the jurisdiction of the Tennessee public utility commission to transport landfill methane gas, either alone or mixed with natural gas; and (3) Authorize any person to contract for the purchase of supplies of landfill methane useable in lieu of natural gas, and transport landfill methane by pipeline from any supplier located inside or outside the state, either alone or mixed with natural gas. (c) This part shall be liberally construed in conformity with such intent, it being hereby determined and declared that the means provided by this part are needed to provide for the continued availability to state citizens and residents of natural gas or substitutes for natural gas at reasonable rates. Acts 2005, ch. 361, § 2.
(a) This part shall be known and may be cited as the "Landfill Methane Development Act."
(b) It is recognized by the general assembly that the provision of dependable and economical sources of energy is vital to the health, welfare and economic well-being of the citizens and residents of the state and that one of the primary sources of energy in this state is natural gas. The general assembly further recognizes world supplies of natural gas are limited and that the market for natural gas has undergone major changes in recent years due to increasing demand. It is recognized by the general assembly that the primary constituent of natural gas is methane, and that methane is generated by the natural decomposition of materials deposited in solid waste landfills. Landfill methane is produced in landfills together with other gaseous materials, but the methane may be extracted, treated, and sold as a substitute for natural gas. It is also recognized by the general assembly that, if not utilized for a natural gas substitute or other energy or commercial use, the landfill methane may constitute a pollutant if released into the atmosphere; and, in certain instances under state and federal environmental laws, the landfill methane must be collected and destroyed and the commercial value of the landfill methane would then be wasted. In order to ensure that all persons have the flexibility and power to compete for and obtain methane from landfill gas and treat landfill gas for substitution for natural gas on terms that will result in continuing availability of both natural gas and landfill methane at reasonable rates to the citizens and residents of the state, and to encourage the reduction or elimination of atmospheric pollution that may occur if the landfill methane were allowed to be introduced into the atmosphere, it is the intent of the general assembly by this part to: (1) Authorize any person to finance, acquire, own, operate, lease and dispose of rights, titles and interest of every kind and nature in facilities to produce and treat methane produced from landfill properties located within the state as a substitute for natural gas; (2) Allow any pipeline corporation subject to the jurisdiction of the Tennessee public utility commission to transport landfill methane gas, either alone or mixed with natural gas; and (3) Authorize any person to contract for the purchase of supplies of landfill methane useable in lieu of natural gas, and transport landfill methane by pipeline from any supplier located inside or outside the state, either alone or mixed with natural gas.
(1) Authorize any person to finance, acquire, own, operate, lease and dispose of rights, titles and interest of every kind and nature in facilities to produce and treat methane produced from landfill properties located within the state as a substitute for natural gas;
(2) Allow any pipeline corporation subject to the jurisdiction of the Tennessee public utility commission to transport landfill methane gas, either alone or mixed with natural gas; and
(3) Authorize any person to contract for the purchase of supplies of landfill methane useable in lieu of natural gas, and transport landfill methane by pipeline from any supplier located inside or outside the state, either alone or mixed with natural gas.
(c) This part shall be liberally construed in conformity with such intent, it being hereby determined and declared that the means provided by this part are needed to provide for the continued availability to state citizens and residents of natural gas or substitutes for natural gas at reasonable rates.
Acts 2005, ch. 361, § 2.
Tenn. Code Ann. § 65-7-108 — TN Code / Title 65 / Chapter 7 / Section 65-7-108
Conduct of election - Certificate of result - Validity
Status: in_force

The county election commission shall open and hold an election at every voting place established by law in such county, city, or town, and its certificate of the result of the election to the county legislative body, or to the proper authorities of such city or town, shall name, in writing, every established voting place at which an election was opened and held, and every one at which an election was not held. If it shall appear that the election was not opened and held in every voting place, then the election shall be declared null and void, and of no effect, unless it shall be made to appear, to the satisfaction of the county legislative body or city or town authorities, that the officer of elections was present at such voting place on the day and hour required by law, and did endeavor to procure judges and clerks to hold the election, and that the officer of elections was positively unable to do so, and the election at the precinct could not be held for the want of judges and clerks to hold it. Acts 1887, ch. 3, § 7; impl. am. Acts 1907, ch. 436, § 1; Shan., §1565; Code 1932, § 2619; impl. am. Acts 1972, ch. 740, §7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-708.
The county election commission shall open and hold an election at every voting place established by law in such county, city, or town, and its certificate of the result of the election to the county legislative body, or to the proper authorities of such city or town, shall name, in writing, every established voting place at which an election was opened and held, and every one at which an election was not held. If it shall appear that the election was not opened and held in every voting place, then the election shall be declared null and void, and of no effect, unless it shall be made to appear, to the satisfaction of the county legislative body or city or town authorities, that the officer of elections was present at such voting place on the day and hour required by law, and did endeavor to procure judges and clerks to hold the election, and that the officer of elections was positively unable to do so, and the election at the precinct could not be held for the want of judges and clerks to hold it.
Acts 1887, ch. 3, § 7; impl. am. Acts 1907, ch. 436, § 1; Shan., §1565; Code 1932, § 2619; impl. am. Acts 1972, ch. 740, §7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-708.
Tenn. Code Ann. § 65-2-118 — TN Code / Title 65 / Chapter 2 / Section 65-2-118
Disposition of petitions for rehearing
Status: in_force

The commission may, in its discretion, set the petition down for hearing or enter an order with reference to the petition without a hearing; provided, that in any event the commission shall dispose of the petition within thirty (30) days after filing thereof. If the commission enters no order disposing of the petition within the thirty-day period, the petition shall be deemed to have been denied as of the expiration of the thirty-day period. Acts 1953, ch. 162, § 17 (Williams, § 5501.40); T.C.A. (orig. ed.), § 65-218; Acts 1995, ch. 305, § 9.
The commission may, in its discretion, set the petition down for hearing or enter an order with reference to the petition without a hearing; provided, that in any event the commission shall dispose of the petition within thirty (30) days after filing thereof. If the commission enters no order disposing of the petition within the thirty-day period, the petition shall be deemed to have been denied as of the expiration of the thirty-day period.
Acts 1953, ch. 162, § 17 (Williams, § 5501.40); T.C.A. (orig. ed.), § 65-218; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-29-109 — TN Code / Title 65 / Chapter 29 / Section 65-29-109
Members of cooperative - Meetings - Notice - Quorum - Votes
Status: in_force

(a) No person who is not an incorporator shall become a member of a cooperative unless such person shall agree to use telephone service furnished by the cooperative when such telephone service shall be available through its facilities. The bylaws of a cooperative may provide that any person, including an incorporator, shall cease to be a member thereof if such person shall fail or refuse to use telephone service made available by the cooperative within a specified time after having become a member. Membership in the cooperative shall not be transferable, except as may be provided in the bylaws. The bylaws may prescribe additional qualifications and limitations in respect of membership. (b) An annual meeting of the members shall be held at such time as shall be provided in the bylaws. (c) Special meetings of the members may be called by the board of directors, by any three (3) directors, by not less than ten percent (10%) of all the members, or by the president. (d) Meetings of members shall be held at such place as may be provided in the bylaws. In the absence of any such provision, all meetings shall be held in the city or town in which the principal office of the cooperative is located. (e) Except as hereinafter otherwise provided, written or printed notice stating the time and place of each meeting of members, and in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each member, either personally or by mail, not less than five (5) nor more than twenty-five (25) days before the date of the meeting. If mailed, such notice shall be deemed to be given when deposited in the United States mail with postage prepaid to the member at such member's address as it appears on the records of the cooperative. (f) A quorum shall consist of the presence in person of two percent (2%) of all members of the cooperative or fifty (50) members, whichever is the lesser, for the transaction of business at all meetings of the members, unless the bylaws prescribe the presence of a greater percentage or number of the members for a quorum, or unless the business to be transacted requires by this chapter a larger percentage to transact the particular business before the meeting. If less than a quorum is present at any meeting, a majority of those present in person may adjourn the meeting from time to time without further notice. The directors are authorized to amend the bylaws of the cooperative to conform with the minimum requirements for a quorum set forth in this subsection (f). (g) Each member shall be entitled to one (1) vote on each matter submitted to a vote at a meeting. Voting shall be in person, but, if the bylaws so provide, may also be by proxy or by mail, or both. If the bylaws provide for voting by proxy or by mail, they shall also prescribe the conditions under which proxy or mail voting shall be exercised. No person shall vote as proxy for more than one (1) member at any meeting of the members, and/or election. Acts 1961, ch. 330, § 9; T.C.A., § 65-2909.
(a) No person who is not an incorporator shall become a member of a cooperative unless such person shall agree to use telephone service furnished by the cooperative when such telephone service shall be available through its facilities. The bylaws of a cooperative may provide that any person, including an incorporator, shall cease to be a member thereof if such person shall fail or refuse to use telephone service made available by the cooperative within a specified time after having become a member. Membership in the cooperative shall not be transferable, except as may be provided in the bylaws. The bylaws may prescribe additional qualifications and limitations in respect of membership.
(b) An annual meeting of the members shall be held at such time as shall be provided in the bylaws.
(c) Special meetings of the members may be called by the board of directors, by any three (3) directors, by not less than ten percent (10%) of all the members, or by the president.
(d) Meetings of members shall be held at such place as may be provided in the bylaws. In the absence of any such provision, all meetings shall be held in the city or town in which the principal office of the cooperative is located.
(e) Except as hereinafter otherwise provided, written or printed notice stating the time and place of each meeting of members, and in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each member, either personally or by mail, not less than five (5) nor more than twenty-five (25) days before the date of the meeting. If mailed, such notice shall be deemed to be given when deposited in the United States mail with postage prepaid to the member at such member's address as it appears on the records of the cooperative.
(f) A quorum shall consist of the presence in person of two percent (2%) of all members of the cooperative or fifty (50) members, whichever is the lesser, for the transaction of business at all meetings of the members, unless the bylaws prescribe the presence of a greater percentage or number of the members for a quorum, or unless the business to be transacted requires by this chapter a larger percentage to transact the particular business before the meeting. If less than a quorum is present at any meeting, a majority of those present in person may adjourn the meeting from time to time without further notice. The directors are authorized to amend the bylaws of the cooperative to conform with the minimum requirements for a quorum set forth in this subsection (f).
(g) Each member shall be entitled to one (1) vote on each matter submitted to a vote at a meeting. Voting shall be in person, but, if the bylaws so provide, may also be by proxy or by mail, or both. If the bylaws provide for voting by proxy or by mail, they shall also prescribe the conditions under which proxy or mail voting shall be exercised. No person shall vote as proxy for more than one (1) member at any meeting of the members, and/or election.
Acts 1961, ch. 330, § 9; T.C.A., § 65-2909.
Tenn. Code Ann. § 65-2-115 — TN Code / Title 65 / Chapter 2 / Section 65-2-115
Effect of filing of petition for rehearing
Status: in_force

The filing of a petition for rehearing shall not suspend or delay the effective date of the commission's order, and the order shall take effect on the date fixed by the commission and shall continue in effect unless and until the petition is granted or until the order is superseded, modified, or set aside in a manner provided by law. Acts 1953, ch. 162, § 14 (Williams, § 5501.37); T.C.A. (orig. ed.), § 65-215; Acts 1995, ch. 305, § 9.
The filing of a petition for rehearing shall not suspend or delay the effective date of the commission's order, and the order shall take effect on the date fixed by the commission and shall continue in effect unless and until the petition is granted or until the order is superseded, modified, or set aside in a manner provided by law.
Acts 1953, ch. 162, § 14 (Williams, § 5501.37); T.C.A. (orig. ed.), § 65-215; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-11-106 — TN Code / Title 65 / Chapter 11 / Section 65-11-106
Liability for blocking street crossing
Status: in_force

No member of a railroad train crew shall be held personally guilty of violating a municipal ordinance regulating the blocking of street crossings by trains or cars, on proof that such action was necessary to comply with the orders or instructions of the crew member's employer or its officers; provided, that nothing in this section shall relieve the employer or railway from any responsibility placed upon it by the ordinance. Acts 1949, ch. 159, § 1; C. Supp. 1950, § 266.1; T.C.A. (orig. ed.), § 65-1106.
No member of a railroad train crew shall be held personally guilty of violating a municipal ordinance regulating the blocking of street crossings by trains or cars, on proof that such action was necessary to comply with the orders or instructions of the crew member's employer or its officers; provided, that nothing in this section shall relieve the employer or railway from any responsibility placed upon it by the ordinance.
Acts 1949, ch. 159, § 1; C. Supp. 1950, § 266.1; T.C.A. (orig. ed.), § 65-1106.
Tenn. Code Ann. § 65-25-118 — TN Code / Title 65 / Chapter 25 / Section 65-25-118
Merger
Status: in_force

One (1) or more cooperatives, each of which is hereinafter designated a "merging cooperative," may merge into another cooperative, hereinafter designated the "surviving cooperative," by complying with the following requirements: (1) The proposition for the merger and proposed articles of merger to give effect thereto shall be first approved by the board of each merging cooperative, or by the board or boards of one (1) or more other cooperatives when proposed by at least three hundred (300) members of a cooperative in the manner provided by § 65-25-113(a)(2)(D) and by the board of the surviving cooperative. The proposed articles of merger shall recite in the caption that they are executed pursuant to this chapter and shall state: (A) The name of each merging cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state; (B) The name of the surviving cooperative and the address of its principal office; (C) A statement that the merging cooperatives elect to be merged into the surviving cooperative; (D) The terms and conditions of the merger and the mode of carrying the same into effect, including the manner and basis of converting the memberships in the merging cooperative or cooperatives into memberships in the surviving cooperative; and (E) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the surviving cooperative; (2) The proposition for the merger and the proposed articles of merger shall then be submitted to a vote of the members of each merging cooperative and of the surviving cooperative at any annual or special meeting of the members thereof, the notice of which shall set forth full particulars concerning the proposed merger. The proposed merger and the proposed articles of merger shall be approved upon receiving the affirmative votes of as many as, but not fewer than, two-thirds (2/3) of those members of each cooperative voting thereon at each such meeting; and (3) Upon such approvals, articles of merger in the form approved shall be executed and acknowledged on behalf of each such cooperative by its president or vice president and attested by its secretary, who shall affix the cooperative's seal thereto if it has and employs such a seal. The president or vice president shall also make and annex thereto affidavits stating that this section was duly complied with by such person's respective cooperative. Such articles of merger and affidavits shall be submitted to the secretary of state for filing as provided in this chapter. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-218 .
One (1) or more cooperatives, each of which is hereinafter designated a "merging cooperative," may merge into another cooperative, hereinafter designated the "surviving cooperative," by complying with the following requirements:
(1) The proposition for the merger and proposed articles of merger to give effect thereto shall be first approved by the board of each merging cooperative, or by the board or boards of one (1) or more other cooperatives when proposed by at least three hundred (300) members of a cooperative in the manner provided by § 65-25-113(a)(2)(D) and by the board of the surviving cooperative. The proposed articles of merger shall recite in the caption that they are executed pursuant to this chapter and shall state: (A) The name of each merging cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state; (B) The name of the surviving cooperative and the address of its principal office; (C) A statement that the merging cooperatives elect to be merged into the surviving cooperative; (D) The terms and conditions of the merger and the mode of carrying the same into effect, including the manner and basis of converting the memberships in the merging cooperative or cooperatives into memberships in the surviving cooperative; and (E) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the surviving cooperative;
(A) The name of each merging cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state;
(B) The name of the surviving cooperative and the address of its principal office;
(C) A statement that the merging cooperatives elect to be merged into the surviving cooperative;
(D) The terms and conditions of the merger and the mode of carrying the same into effect, including the manner and basis of converting the memberships in the merging cooperative or cooperatives into memberships in the surviving cooperative; and
(E) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the surviving cooperative;
(2) The proposition for the merger and the proposed articles of merger shall then be submitted to a vote of the members of each merging cooperative and of the surviving cooperative at any annual or special meeting of the members thereof, the notice of which shall set forth full particulars concerning the proposed merger. The proposed merger and the proposed articles of merger shall be approved upon receiving the affirmative votes of as many as, but not fewer than, two-thirds (2/3) of those members of each cooperative voting thereon at each such meeting; and
(3) Upon such approvals, articles of merger in the form approved shall be executed and acknowledged on behalf of each such cooperative by its president or vice president and attested by its secretary, who shall affix the cooperative's seal thereto if it has and employs such a seal. The president or vice president shall also make and annex thereto affidavits stating that this section was duly complied with by such person's respective cooperative. Such articles of merger and affidavits shall be submitted to the secretary of state for filing as provided in this chapter.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-218 .
Tenn. Code Ann. § 65-14-103 — TN Code / Title 65 / Chapter 14 / Section 65-14-103
Authority to acquire, hold and dispose of stock or bonds
Status: in_force

Such railroad terminal corporation may acquire, hold, and dispose of the capital stock or bonds of railroad companies or of other terminal companies, for the purpose alone of raising money for the acquisition, construction, maintenance, and repair of such passenger and freight depots and stations, and other terminal facilities mentioned in §§ 65-14-101 and 65-14-102 , and not for the purpose of speculating in stocks or bonds, or managing or controlling railroads. Acts 1893, ch. 11, § 3; Shan., § 2436; mod. Code 1932, § 4065; T.C.A. (orig. ed.), § 65-1403.
Such railroad terminal corporation may acquire, hold, and dispose of the capital stock or bonds of railroad companies or of other terminal companies, for the purpose alone of raising money for the acquisition, construction, maintenance, and repair of such passenger and freight depots and stations, and other terminal facilities mentioned in §§ 65-14-101 and 65-14-102 , and not for the purpose of speculating in stocks or bonds, or managing or controlling railroads.
Acts 1893, ch. 11, § 3; Shan., § 2436; mod. Code 1932, § 4065; T.C.A. (orig. ed.), § 65-1403.
Tenn. Code Ann. § 65-21-106 — TN Code / Title 65 / Chapter 21 / Section 65-21-106
Discrimination in telephone connections prohibited
Status: in_force

Every telephone company doing business within this state, and engaged in a general telephone business, shall supply all applicants for telephone connection and facilities, without discrimination or partiality; provided, that such applicants comply or offer to comply with the reasonable regulations of the company. No such company shall impose any condition or restriction upon any such applicant that is not imposed impartially upon all persons or companies in like situations, nor shall such company discriminate against any individual or company engaged in lawful business by requiring, as condition for furnishing such facilities, that they shall not be used in the business of the applicant or otherwise, under penalty of one hundred dollars ($100) for each day such company continues such discrimination and refuses such facilities after compliance or offer to comply with the reasonable regulations, and time to furnish the same has elapsed, to be recovered by the applicant whose application is so neglected or refused. Acts 1885, ch. 66, § 11; Shan., § 1842; Code 1932, § 3107; T.C.A. (orig. ed.), § 65-2111.
Every telephone company doing business within this state, and engaged in a general telephone business, shall supply all applicants for telephone connection and facilities, without discrimination or partiality; provided, that such applicants comply or offer to comply with the reasonable regulations of the company. No such company shall impose any condition or restriction upon any such applicant that is not imposed impartially upon all persons or companies in like situations, nor shall such company discriminate against any individual or company engaged in lawful business by requiring, as condition for furnishing such facilities, that they shall not be used in the business of the applicant or otherwise, under penalty of one hundred dollars ($100) for each day such company continues such discrimination and refuses such facilities after compliance or offer to comply with the reasonable regulations, and time to furnish the same has elapsed, to be recovered by the applicant whose application is so neglected or refused.
Acts 1885, ch. 66, § 11; Shan., § 1842; Code 1932, § 3107; T.C.A. (orig. ed.), § 65-2111.
Tenn. Code Ann. § 65-25-133 — TN Code / Title 65 / Chapter 25 / Section 65-25-133
Joint ventures to provide alarm services not authorized
Status: in_force

Nothing in chapter 430 of the Public Acts of 1999, shall be construed to allow an electric cooperative or a joint venture in which an electric cooperative is a member to engage in the business of providing alarm systems, as defined in title 62, chapter 32, part 3. Acts 1999, ch. 430, § 8; T.C.A. § 65-25-233 .
Nothing in chapter 430 of the Public Acts of 1999, shall be construed to allow an electric cooperative or a joint venture in which an electric cooperative is a member to engage in the business of providing alarm systems, as defined in title 62, chapter 32, part 3.
Acts 1999, ch. 430, § 8; T.C.A. § 65-25-233 .
Tenn. Code Ann. § 65-15-115 — TN Code / Title 65 / Chapter 15 / Section 65-15-115
Powers and duties - Citizen transportation area
Status: in_force

(a) Upon petition by a county mayor or the legislative body of any county, the department of safety is authorized to designate that county a "citizen transportation area" authorizing the use of church buses, privately owned school buses, and private citizens to carry passengers for compensation within the boundaries of the county. (b) The department of safety in designating the county a "citizen transportation area" shall consider the availability of regular fixed route bus service to the area, the charter service actually provided to the citizens of the area by the existing franchised carriers, the potential service available to the community if regulatory requirements were relaxed, and whether the transportation needs of the citizens of that area are best met by the existing regulatory statutes. (c) The designation shall continue until revoked by the department of safety upon due notice and an opportunity to be heard. (d) However, the department of safety may inspect vehicles for purpose of safety and vehicles shall be subject to § 65-15-111 . Acts 1977, ch. 279, § 1; 1978, ch. 934, § 21; T.C.A., §§ 5-619, 5-6-119; Acts 1995, ch. 305, § 30; 2003, ch. 90, § 2; 2007, ch. 484, § 105.
(a) Upon petition by a county mayor or the legislative body of any county, the department of safety is authorized to designate that county a "citizen transportation area" authorizing the use of church buses, privately owned school buses, and private citizens to carry passengers for compensation within the boundaries of the county.
(b) The department of safety in designating the county a "citizen transportation area" shall consider the availability of regular fixed route bus service to the area, the charter service actually provided to the citizens of the area by the existing franchised carriers, the potential service available to the community if regulatory requirements were relaxed, and whether the transportation needs of the citizens of that area are best met by the existing regulatory statutes.
(c) The designation shall continue until revoked by the department of safety upon due notice and an opportunity to be heard.
(d) However, the department of safety may inspect vehicles for purpose of safety and vehicles shall be subject to § 65-15-111 .
Acts 1977, ch. 279, § 1; 1978, ch. 934, § 21; T.C.A., §§ 5-619, 5-6-119; Acts 1995, ch. 305, § 30; 2003, ch. 90, § 2; 2007, ch. 484, § 105.
Tenn. Code Ann. § 65-21-113 — TN Code / Title 65 / Chapter 21 / Section 65-21-113
Officer's right to cut, reroute or divert telephone lines in any emergency involving a barricaded person
Status: in_force

(a) Notwithstanding any law to the contrary, the chief law enforcement officer of any county, city or town, or such law enforcement officer's designee, may by written request require a telephone company employee designated by the company to cut, reroute or divert telephone lines in any emergency where a person or persons barricade themselves, or where a hostage or hostages are being held to prevent telephone communication by the holder of such hostage or hostages with any person other than a law enforcement officer or person authorized by such officer. Good faith reliance on an order issued by the chief law enforcement officer of any county, city or town, or such officer's designee, constitutes a defense to any action brought against a telephone company arising out of attempts by the telephone company to comply with such order. (b) For the purpose of this section, a barricaded person is one who, by obstruction, barrier or otherwise, makes that person inaccessible and who constitutes a threat to the life, safety or property of that person or others. Acts 1992, ch. 585, § 1.
(a) Notwithstanding any law to the contrary, the chief law enforcement officer of any county, city or town, or such law enforcement officer's designee, may by written request require a telephone company employee designated by the company to cut, reroute or divert telephone lines in any emergency where a person or persons barricade themselves, or where a hostage or hostages are being held to prevent telephone communication by the holder of such hostage or hostages with any person other than a law enforcement officer or person authorized by such officer. Good faith reliance on an order issued by the chief law enforcement officer of any county, city or town, or such officer's designee, constitutes a defense to any action brought against a telephone company arising out of attempts by the telephone company to comply with such order.
(b) For the purpose of this section, a barricaded person is one who, by obstruction, barrier or otherwise, makes that person inaccessible and who constitutes a threat to the life, safety or property of that person or others.
Acts 1992, ch. 585, § 1.
Tenn. Code Ann. § 65-29-105 — TN Code / Title 65 / Chapter 29 / Section 65-29-105
Name - Conversion of existing corporations
Status: in_force

(a) The name of each cooperative shall include the words "telephone" and "cooperative," and the abbreviation "Inc."; provided, that such limitation shall not apply if, in an affidavit made by the president or vice president of a cooperative and filed with the secretary of state, or in an affidavit made by a person signing articles of incorporation, consolidation, merger or conversion and filed, together with such articles, with the secretary of state, it shall appear that the cooperative desires to transact business in another state and is precluded therefrom by reason of its name; and provided further, that any corporation heretofore organized under § 4146 et seq. of the 1932 Tennessee Code, or such sections as from time to time amended, or § 48-1101, et seq., or amendments thereto, as such provisions existed prior to July 1, 1969, which may be converted into a cooperative and become subject to this chapter, as provided in § 65-29-117 , or any foreign corporation transacting business in this state pursuant to § 65-29-128 , may at its election retain the same corporate name which it has prior to such conversion or transaction of business. (b) The name of a cooperative shall distinguish it from the name of any other corporation organized under the laws of, or authorized to transact business in, this state. The words "telephone" and "cooperative" shall not both be used in the name of any corporation organized under the laws of, or authorized to transact business in, this state, except a cooperative or corporation transacting business in this state pursuant to this chapter. Acts 1961, ch. 330, § 5; T.C.A., § 65-2905.
(a) The name of each cooperative shall include the words "telephone" and "cooperative," and the abbreviation "Inc."; provided, that such limitation shall not apply if, in an affidavit made by the president or vice president of a cooperative and filed with the secretary of state, or in an affidavit made by a person signing articles of incorporation, consolidation, merger or conversion and filed, together with such articles, with the secretary of state, it shall appear that the cooperative desires to transact business in another state and is precluded therefrom by reason of its name; and provided further, that any corporation heretofore organized under § 4146 et seq. of the 1932 Tennessee Code, or such sections as from time to time amended, or § 48-1101, et seq., or amendments thereto, as such provisions existed prior to July 1, 1969, which may be converted into a cooperative and become subject to this chapter, as provided in § 65-29-117 , or any foreign corporation transacting business in this state pursuant to § 65-29-128 , may at its election retain the same corporate name which it has prior to such conversion or transaction of business.
(b) The name of a cooperative shall distinguish it from the name of any other corporation organized under the laws of, or authorized to transact business in, this state. The words "telephone" and "cooperative" shall not both be used in the name of any corporation organized under the laws of, or authorized to transact business in, this state, except a cooperative or corporation transacting business in this state pursuant to this chapter.
Acts 1961, ch. 330, § 5; T.C.A., § 65-2905.
Tenn. Code Ann. § 65-9-104 — TN Code / Title 65 / Chapter 9 / Section 65-9-104
Agreement and evidence of approval recorded
Status: in_force

The agreement, together with the evidence of the stockholders' approval, shall be filed and recorded in the office of the secretary of state. Acts 1871, ch. 69, § 1; 1877, ch. 72, § 2; Shan., § 1525; Code 1932, § 2600; T.C.A. (orig. ed.), § 65-904.
The agreement, together with the evidence of the stockholders' approval, shall be filed and recorded in the office of the secretary of state.
Acts 1871, ch. 69, § 1; 1877, ch. 72, § 2; Shan., § 1525; Code 1932, § 2600; T.C.A. (orig. ed.), § 65-904.
Tenn. Code Ann. § 65-4-107 — TN Code / Title 65 / Chapter 4 / Section 65-4-107
Approval of privilege or franchise
Status: in_force

(a) No privilege or franchise hereafter granted to any public utility by the state or by any political subdivision of the state shall be valid until approved by the commission, such approval to be given when, after hearing, the commission determines that such privilege or franchise is necessary and proper for the public convenience and properly conserves the public interest, and the commission shall have power, if it so approves, to impose such conditions as to construction, equipment, maintenance, service or operation as the public convenience and interest may reasonably require; provided, however, that nothing contained in this chapter shall be construed as applying to the laying of sidings, sidetracks, or switchouts, by any public utility, and it shall not be necessary for any such public utility to obtain a certificate of convenience from the commission for such purpose. (b) All terms, conditions, obligations, and rights of a privilege or franchise approved by the commission for the provision of natural gas service shall remain in effect until approval of a subsequent privilege or franchise by the commission. Amended by 2016 Tenn. Acts, ch. 645,s 1, eff. 3/23/2016. Acts 1919, ch. 49, § 7; Shan. Supp., § 3059a90; Code 1932, § 5453; T.C.A. (orig. ed.), § 65-407; Acts 1995, ch. 305, § 20.
(a) No privilege or franchise hereafter granted to any public utility by the state or by any political subdivision of the state shall be valid until approved by the commission, such approval to be given when, after hearing, the commission determines that such privilege or franchise is necessary and proper for the public convenience and properly conserves the public interest, and the commission shall have power, if it so approves, to impose such conditions as to construction, equipment, maintenance, service or operation as the public convenience and interest may reasonably require; provided, however, that nothing contained in this chapter shall be construed as applying to the laying of sidings, sidetracks, or switchouts, by any public utility, and it shall not be necessary for any such public utility to obtain a certificate of convenience from the commission for such purpose.
(b) All terms, conditions, obligations, and rights of a privilege or franchise approved by the commission for the provision of natural gas service shall remain in effect until approval of a subsequent privilege or franchise by the commission.
Amended by 2016 Tenn. Acts, ch. 645,s 1, eff. 3/23/2016.
Acts 1919, ch. 49, § 7; Shan. Supp., § 3059a90; Code 1932, § 5453; T.C.A. (orig. ed.), § 65-407; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-9-102 — TN Code / Title 65 / Chapter 9 / Section 65-9-102
Consolidation agreement
Status: in_force

The agreement of consolidation shall be in writing, and shall set forth the corporate name agreed upon, and the terms and conditions of the consolidation. Acts 1871, ch. 69, § 1; 1877, ch. 72, § 2; Shan., § 1523; Code 1932, § 2598; T.C.A. (orig. ed.), § 65-902.
The agreement of consolidation shall be in writing, and shall set forth the corporate name agreed upon, and the terms and conditions of the consolidation.
Acts 1871, ch. 69, § 1; 1877, ch. 72, § 2; Shan., § 1523; Code 1932, § 2598; T.C.A. (orig. ed.), § 65-902.
Tenn. Code Ann. § 65-8-108 — TN Code / Title 65 / Chapter 8 / Section 65-8-108
Right of purchaser to tax exemption waived
Status: in_force

Nothing in § 65-8-106 , § 65-8-107 or § 65-10-112 shall be construed to exempt the railroad and its property from liability to state, county, and municipal taxation; and the purchasers shall waive any right of exemption from taxation, if any existed in the original charter, or other law of this state, in favor of such railroad property or stock therein. Acts 1877, ch. 12, §§ 2, 5; Shan., § 1514a1; Code 1932, § 2589; T.C.A. (orig. ed.), § 65-809.
Nothing in § 65-8-106 , § 65-8-107 or § 65-10-112 shall be construed to exempt the railroad and its property from liability to state, county, and municipal taxation; and the purchasers shall waive any right of exemption from taxation, if any existed in the original charter, or other law of this state, in favor of such railroad property or stock therein.
Acts 1877, ch. 12, §§ 2, 5; Shan., § 1514a1; Code 1932, § 2589; T.C.A. (orig. ed.), § 65-809.
Tenn. Code Ann. § 65-15-307 — TN Code / Title 65 / Chapter 15 / Section 65-15-307
Acceptance of street hails prohibited
Status: in_force

A driver shall not solicit or accept street hails. Added by 2015 Tenn. Acts, ch. 520,s 4, eff. 5/20/2015.
A driver shall not solicit or accept street hails.
Added by 2015 Tenn. Acts, ch. 520,s 4, eff. 5/20/2015.
Tenn. Code Ann. § 65-10-204 — TN Code / Title 65 / Chapter 10 / Section 65-10-204
Jurisdiction to enforce lien
Status: in_force

The liens provided for in § 65-10-201 may be enforced by suit brought against such railroad company in the circuit or chancery court of the county where the work or material, or any part thereof, was done or furnished, or any part of the services was rendered. Acts 1891, ch. 98, § 2; Shan., § 3583; Code 1932, § 8005; T.C.A. (orig. ed.), § 65-1014.
The liens provided for in § 65-10-201 may be enforced by suit brought against such railroad company in the circuit or chancery court of the county where the work or material, or any part thereof, was done or furnished, or any part of the services was rendered.
Acts 1891, ch. 98, § 2; Shan., § 3583; Code 1932, § 8005; T.C.A. (orig. ed.), § 65-1014.
Tenn. Code Ann. § 65-4-503 — TN Code / Title 65 / Chapter 4 / Section 65-4-503
Implementation
Status: in_force

The commission is authorized to promulgate any rules and regulations necessary to implement and effectuate this part. Acts 2003, ch. 15, § 1.
The commission is authorized to promulgate any rules and regulations necessary to implement and effectuate this part.
Acts 2003, ch. 15, § 1.
Tenn. Code Ann. § 65-21-115 — TN Code / Title 65 / Chapter 21 / Section 65-21-115
Funding for the Tennessee relay services/telecommunications devices access program - Legislative intent - Operation
Status: in_force

(a) Funding for the Tennessee relay services/telecommunications devices access program (TRS/TDAP) programs shall be provided by the state emergency communications board. Such funding shall not exceed the total cost of the TRS/TDAP program in 2012 unless approved by the fiscal review committee. (b) The Tennessee public utility commission may create a reserve for the TRS/TDAP program which shall not exceed one million dollars ($1,000,000) in any given year. (c) It is the legislative intent that the TRS/TDAP program be designed with consideration of fair distribution of equipment that is technologically available and economically feasible to be provided to assist individuals with any disability using the basic telephone network. (d) The administrative cost of the Tennessee public utility commission to implement this section shall come from the funding described in subsection (a). (e) The Tennessee public utility commission is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section. Amended by 2017 Tenn. Acts, ch. 94,s 56, eff. 4/4/2017. Amended by 2014 Tenn. Acts, ch. 795,s 12, eff. 1/1/2015. Acts 1999, ch. 417, § 1; 2004, ch. 912, § 2.
(a) Funding for the Tennessee relay services/telecommunications devices access program (TRS/TDAP) programs shall be provided by the state emergency communications board. Such funding shall not exceed the total cost of the TRS/TDAP program in 2012 unless approved by the fiscal review committee.
(b) The Tennessee public utility commission may create a reserve for the TRS/TDAP program which shall not exceed one million dollars ($1,000,000) in any given year.
(c) It is the legislative intent that the TRS/TDAP program be designed with consideration of fair distribution of equipment that is technologically available and economically feasible to be provided to assist individuals with any disability using the basic telephone network.
(d) The administrative cost of the Tennessee public utility commission to implement this section shall come from the funding described in subsection (a).
(e) The Tennessee public utility commission is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section.
Amended by 2017 Tenn. Acts, ch. 94,s 56, eff. 4/4/2017.
Amended by 2014 Tenn. Acts, ch. 795,s 12, eff. 1/1/2015.
Acts 1999, ch. 417, § 1; 2004, ch. 912, § 2.
Tenn. Code Ann. § 65-5-102 — TN Code / Title 65 / Chapter 5 / Section 65-5-102
Commission may require filing of schedules
Status: in_force

The commission has the power to require every such public utility to file with it complete schedules of every classification employed and of every individual or joint rate, toll, fare, or charge made or exacted by it for any product supplied or service rendered within this state as specified in such requirement. Acts 1919, ch. 49, § 4; Shan. Supp., § 3059a87; Code 1932, § 5450; T.C.A. (orig. ed.), § 65-519; Acts 1995, ch. 305, § 23; T.C.A. § 65-5-202 .
The commission has the power to require every such public utility to file with it complete schedules of every classification employed and of every individual or joint rate, toll, fare, or charge made or exacted by it for any product supplied or service rendered within this state as specified in such requirement.
Acts 1919, ch. 49, § 4; Shan. Supp., § 3059a87; Code 1932, § 5450; T.C.A. (orig. ed.), § 65-519; Acts 1995, ch. 305, § 23; T.C.A. § 65-5-202 .
Tenn. Code Ann. § 65-34-106 — TN Code / Title 65 / Chapter 34 / Section 65-34-106
Eminent domain
Status: in_force

Electric and community service cooperatives and municipal electric systems may in the exercise of their powers of eminent domain acquire facilities, equipment, and service areas of non-consumer owned electric systems, notwithstanding the fact that such facilities and equipment shall be dedicated to utility use following their acquisition. Acts 1989, ch. 230, § 6.
Electric and community service cooperatives and municipal electric systems may in the exercise of their powers of eminent domain acquire facilities, equipment, and service areas of non-consumer owned electric systems, notwithstanding the fact that such facilities and equipment shall be dedicated to utility use following their acquisition.
Acts 1989, ch. 230, § 6.
Tenn. Code Ann. § 65-11-115 — TN Code / Title 65 / Chapter 11 / Section 65-11-115
Installation of warning strips authorized
Status: in_force

The department of transportation may install warning strips on both approaches of any highway crossing on the system of state highways not protected by automatic warning or protective devices, unless the surface of such approaches is gravel or chip and seal paving. Acts 1990, ch. 997, § 1.
The department of transportation may install warning strips on both approaches of any highway crossing on the system of state highways not protected by automatic warning or protective devices, unless the surface of such approaches is gravel or chip and seal paving.
Acts 1990, ch. 997, § 1.
Tenn. Code Ann. § 65-2-122 — TN Code / Title 65 / Chapter 2 / Section 65-2-122
Establishment of optional services purchased by regulated entities or unregulated service providers - Cost-based charges for services - Election to use services
Status: in_force

(a) The commission may establish optional services that may be purchased by regulated entities or other unregulated service providers, which are related to the exercise, administration or enforcement of jurisdiction delegated to the commission by state or federal law. (b) The establishment of charges for services described in subsection (a) shall be cost-based. (c) No charge for services as established in this section shall be applied to any party that does not expressly elect to use such services, and no party shall be required to elect to use such optional services as a condition of initiating any case before the commission. Added by 2013 Tenn. Acts, ch. 245, s 3, eff. 4/19/2013.
(a) The commission may establish optional services that may be purchased by regulated entities or other unregulated service providers, which are related to the exercise, administration or enforcement of jurisdiction delegated to the commission by state or federal law.
(b) The establishment of charges for services described in subsection (a) shall be cost-based.
(c) No charge for services as established in this section shall be applied to any party that does not expressly elect to use such services, and no party shall be required to elect to use such optional services as a condition of initiating any case before the commission.
Added by 2013 Tenn. Acts, ch. 245, s 3, eff. 4/19/2013.
Tenn. Code Ann. § 65-29-133 — TN Code / Title 65 / Chapter 29 / Section 65-29-133
Cooperative elections - Criminal penalties
Status: in_force

(a) It is a Class C misdemeanor in such cooperative elections to: (1) Commit any act prohibited in title 2, chapter 19, part 1; (2) Prepare more ballots than the number of accounts or eligible members of the cooperative holding the election; (3) Violate the rules or bylaws of the cooperative relative to voting; or (4) Otherwise engage in any fraudulent conduct in conducting such elections. (b) Any action under this section shall be brought in the criminal court of the county in which the election is conducted, as, notwithstanding title 2, chapter 17, shall any action challenging an action under § 65-29-109 , relative to the filling of an office specified in § 65-29-111 . Acts 1985, ch. 316, § 1; 1989, ch. 591, § 113.
(a) It is a Class C misdemeanor in such cooperative elections to: (1) Commit any act prohibited in title 2, chapter 19, part 1; (2) Prepare more ballots than the number of accounts or eligible members of the cooperative holding the election; (3) Violate the rules or bylaws of the cooperative relative to voting; or (4) Otherwise engage in any fraudulent conduct in conducting such elections.
(1) Commit any act prohibited in title 2, chapter 19, part 1;
(2) Prepare more ballots than the number of accounts or eligible members of the cooperative holding the election;
(3) Violate the rules or bylaws of the cooperative relative to voting; or
(4) Otherwise engage in any fraudulent conduct in conducting such elections.
(b) Any action under this section shall be brought in the criminal court of the county in which the election is conducted, as, notwithstanding title 2, chapter 17, shall any action challenging an action under § 65-29-109 , relative to the filling of an office specified in § 65-29-111 .
Acts 1985, ch. 316, § 1; 1989, ch. 591, § 113.
Tenn. Code Ann. § 65-31-104 — TN Code / Title 65 / Chapter 31 / Section 65-31-104
Excavations without ascertainment of underground utilities prohibited
Status: in_force

(a) Except as provided in § 65-31-109 , no person may excavate in a street, highway, public space, a private easement of an operator or within one hundred feet (100') of the edge of the pavement of a street or highway, or demolish a building, without giving the notice required by § 65-31-106 in the manner prescribed by such section. (b) A general DIG certificate shall be issued for agricultural land as defined in § 67-5-1004 that lies outside a street, highway, public space or a private easement of an operator but within one hundred feet (100') of the edge of the pavement of a street or highway when no utilities are located within that area. The general certificate shall be valid until title to the land is transferred or until a utility line is located within the area. Acts 1978, ch. 692, § 4; T.C.A., § 65-3204; Acts 1993, ch. 223, §4; 2007 , ch. 218, §§ 2, 3, 5.
(a) Except as provided in § 65-31-109 , no person may excavate in a street, highway, public space, a private easement of an operator or within one hundred feet (100') of the edge of the pavement of a street or highway, or demolish a building, without giving the notice required by § 65-31-106 in the manner prescribed by such section.
(b) A general DIG certificate shall be issued for agricultural land as defined in § 67-5-1004 that lies outside a street, highway, public space or a private easement of an operator but within one hundred feet (100') of the edge of the pavement of a street or highway when no utilities are located within that area. The general certificate shall be valid until title to the land is transferred or until a utility line is located within the area.
Acts 1978, ch. 692, § 4; T.C.A., § 65-3204; Acts 1993, ch. 223, §4; 2007 , ch. 218, §§ 2, 3, 5.
Tenn. Code Ann. § 65-4-204 — TN Code / Title 65 / Chapter 4 / Section 65-4-204
Public hearing on certificate - Plans and information required of applicant
Status: in_force

The commission may, upon its own initiative, or shall upon written application of any party in interest, order a public hearing with due notice to all interested parties, at which hearing the person proposing to create the development of water power or other plant or equipment, or extension of the same, shall be required to file with the commission, under oath, engineering plans and other information fully descriptive of the proposed development or such thereof as in the opinion of the commission can reasonably be furnished by such applicant, together with such other reasonable information as may be called for at the hearing or any adjournment of the same; and the commission shall have full power to issue or refuse the certificate of public necessity and convenience, or to qualify or withdraw the same as provided in § 65-4-203 . Acts 1923, ch. 87, § 3; Shan. Supp., § 1843a4; Code 1932, § 5505; T.C.A. (orig. ed.), § 65-418; Acts 1995, ch. 305, § 20.
The commission may, upon its own initiative, or shall upon written application of any party in interest, order a public hearing with due notice to all interested parties, at which hearing the person proposing to create the development of water power or other plant or equipment, or extension of the same, shall be required to file with the commission, under oath, engineering plans and other information fully descriptive of the proposed development or such thereof as in the opinion of the commission can reasonably be furnished by such applicant, together with such other reasonable information as may be called for at the hearing or any adjournment of the same; and the commission shall have full power to issue or refuse the certificate of public necessity and convenience, or to qualify or withdraw the same as provided in § 65-4-203 .
Acts 1923, ch. 87, § 3; Shan. Supp., § 1843a4; Code 1932, § 5505; T.C.A. (orig. ed.), § 65-418; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-10-113 — TN Code / Title 65 / Chapter 10 / Section 65-10-113
Lessee holds subject to burdens against lessor
Status: in_force

The lessee of any railroad shall hold such road subject to the liens and liabilities to which it was subject in the hands of the lessor, and be bound for all payments for which the lessor was liable. Code 1858, § 1123 (deriv. Acts 1857-1858, ch. 8, § 3); Shan., § 1539; Code 1932, § 2609; T.C.A. (orig. ed.), § 65-1022.
The lessee of any railroad shall hold such road subject to the liens and liabilities to which it was subject in the hands of the lessor, and be bound for all payments for which the lessor was liable.
Code 1858, § 1123 (deriv. Acts 1857-1858, ch. 8, § 3); Shan., § 1539; Code 1932, § 2609; T.C.A. (orig. ed.), § 65-1022.
Tenn. Code Ann. § 65-31-118 — TN Code / Title 65 / Chapter 31 / Section 65-31-118
Design locate request
Status: in_force

(a) Any person may submit a design locate request to the one-call service. The design locate request shall: (1) Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed by the one-call service, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and (2) State the name, address, and telephone number of the person who has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection under subdivision (b)(1)(C). (b) (1) Within fifteen (15) working days after a design locate request has been submitted to the one-call service for a proposed project, the facility owner or operator shall respond by one (1) of the following methods: (A) Designate or cause to be designated by a locator under § 65-31-108 , the location of all utility facilities and sewer laterals within the area of the proposed excavation; (B) Provide to the person submitting the design locate request the best available description of all utility facilities and sewer laterals in the area of proposed excavation, which might include drawings of utility facilities and sewer laterals already built in the area, or other facility records that are maintained by the facility owner or operator; or (C) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities and sewer laterals within the proposed area of excavation. (2) In the event that the one-call service charges a fee to a member operator for design location notification, the utility operator may recover that fee from the requestor. (c) Upon responding pursuant to subsection (b), the facility owner or operator shall provide the response to the one-call service in accordance with one-call service procedures. (d) An operator may reject a design locate request based upon homeland security considerations pending the operator obtaining additional information confirming the legitimacy of the request. The operator shall notify the person making the request of the denial and may request additional information through the positive response system provided by the one-call service. (e) Nothing in this section shall supersede any federal, state, or local laws governing the confidentiality of the location of utility facilities. (f) Any utility operator responding to a design locate request under this section shall not be liable for any damages associated with the response to the request. (g) Nothing in this chapter shall amend, alter, or affect title 54, chapter 5, part 8. (h) A design locate request shall not be used for excavation purposes. Added by 2015 Tenn. Acts, ch. 488,s 8, eff. 5/20/2015.
(a) Any person may submit a design locate request to the one-call service. The design locate request shall: (1) Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed by the one-call service, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and (2) State the name, address, and telephone number of the person who has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection under subdivision (b)(1)(C).
(1) Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed by the one-call service, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and
(2) State the name, address, and telephone number of the person who has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection under subdivision (b)(1)(C).
(b) (1) Within fifteen (15) working days after a design locate request has been submitted to the one-call service for a proposed project, the facility owner or operator shall respond by one (1) of the following methods: (A) Designate or cause to be designated by a locator under § 65-31-108 , the location of all utility facilities and sewer laterals within the area of the proposed excavation; (B) Provide to the person submitting the design locate request the best available description of all utility facilities and sewer laterals in the area of proposed excavation, which might include drawings of utility facilities and sewer laterals already built in the area, or other facility records that are maintained by the facility owner or operator; or (C) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities and sewer laterals within the proposed area of excavation. (2) In the event that the one-call service charges a fee to a member operator for design location notification, the utility operator may recover that fee from the requestor.
(1) Within fifteen (15) working days after a design locate request has been submitted to the one-call service for a proposed project, the facility owner or operator shall respond by one (1) of the following methods: (A) Designate or cause to be designated by a locator under § 65-31-108 , the location of all utility facilities and sewer laterals within the area of the proposed excavation; (B) Provide to the person submitting the design locate request the best available description of all utility facilities and sewer laterals in the area of proposed excavation, which might include drawings of utility facilities and sewer laterals already built in the area, or other facility records that are maintained by the facility owner or operator; or (C) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities and sewer laterals within the proposed area of excavation.
(A) Designate or cause to be designated by a locator under § 65-31-108 , the location of all utility facilities and sewer laterals within the area of the proposed excavation;
(B) Provide to the person submitting the design locate request the best available description of all utility facilities and sewer laterals in the area of proposed excavation, which might include drawings of utility facilities and sewer laterals already built in the area, or other facility records that are maintained by the facility owner or operator; or
(C) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities and sewer laterals within the proposed area of excavation.
(2) In the event that the one-call service charges a fee to a member operator for design location notification, the utility operator may recover that fee from the requestor.
(c) Upon responding pursuant to subsection (b), the facility owner or operator shall provide the response to the one-call service in accordance with one-call service procedures.
(d) An operator may reject a design locate request based upon homeland security considerations pending the operator obtaining additional information confirming the legitimacy of the request. The operator shall notify the person making the request of the denial and may request additional information through the positive response system provided by the one-call service.
(e) Nothing in this section shall supersede any federal, state, or local laws governing the confidentiality of the location of utility facilities.
(f) Any utility operator responding to a design locate request under this section shall not be liable for any damages associated with the response to the request.
(g) Nothing in this chapter shall amend, alter, or affect title 54, chapter 5, part 8.
(h) A design locate request shall not be used for excavation purposes.
Added by 2015 Tenn. Acts, ch. 488,s 8, eff. 5/20/2015.
Tenn. Code Ann. § 65-4-111 — TN Code / Title 65 / Chapter 4 / Section 65-4-111
Uniform system of accounting - Reports
Status: in_force

(a) The commission has the power, after hearing, upon notice, by order in writing, to require every public utility as defined in § 65-4-101 to keep its books, records, and accounts so as to afford an intelligent understanding of the conduct of its business, and to that end to require every such public utility of the same class to adopt a uniform system of accounting. The accounting system shall conform, where applicable, to any system adopted or approved by the interstate commerce commission. (b) The commission also has the power to require each such utility to furnish annually, or at such other times as the commission may require, a detailed report of finances and operations as shown by such system of accounts. Acts 1919, ch. 49, § 5; Shan. Supp., § 3059a88; Code 1932, § 5451; T.C.A. (orig. ed.), § 65-411; Acts 1995, ch. 305, § 20.
(a) The commission has the power, after hearing, upon notice, by order in writing, to require every public utility as defined in § 65-4-101 to keep its books, records, and accounts so as to afford an intelligent understanding of the conduct of its business, and to that end to require every such public utility of the same class to adopt a uniform system of accounting. The accounting system shall conform, where applicable, to any system adopted or approved by the interstate commerce commission.
(b) The commission also has the power to require each such utility to furnish annually, or at such other times as the commission may require, a detailed report of finances and operations as shown by such system of accounts.
Acts 1919, ch. 49, § 5; Shan. Supp., § 3059a88; Code 1932, § 5451; T.C.A. (orig. ed.), § 65-411; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-3-108 — TN Code / Title 65 / Chapter 3 / Section 65-3-108
Powers of department of transportation to examine
Status: in_force

The department of transportation is given full power to examine the books and papers of the companies, and to examine, under oath, the officers, agents, and employees of the companies and any other persons, to procure the necessary information to intelligently and justly discharge its duties and carry out the provisions of this chapter and chapter 5 of this title. Acts 1897, ch. 10, § 8; Shan., § 3059a26; Code 1932, § 5402; T.C.A. (orig. ed.), § 65-310; Acts 1995, ch. 305, § 10.
The department of transportation is given full power to examine the books and papers of the companies, and to examine, under oath, the officers, agents, and employees of the companies and any other persons, to procure the necessary information to intelligently and justly discharge its duties and carry out the provisions of this chapter and chapter 5 of this title.
Acts 1897, ch. 10, § 8; Shan., § 3059a26; Code 1932, § 5402; T.C.A. (orig. ed.), § 65-310; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-34-104 — TN Code / Title 65 / Chapter 34 / Section 65-34-104
Non-consumer owned electric systems - Removal of equipment, facilities
Status: in_force

(a) Any non-consumer owned electric system owning any lines, poles, facilities, or other equipment used or useful for the distribution or sale of electricity located outside the non-consumer owned electric system's current geographic territory on any property or right-of-way owned by the state or by any county or municipality or other subdivision of the state must remove such equipment or facilities at the non-consumer owned electric system's expense within six (6) months of May 2, 1989. (b) If the non-consumer owned electric system owning or otherwise exercising control over such equipment or facilities neglects to remove the equipment or facilities within six (6) months of May 2, 1989, the governmental entity owning the property or right-of-way on which such equipment or facilities are located may, after notice to the non-consumer owned electric system and opportunity for hearing, remove and dispose of such equipment or facilities in whatever manner it deems appropriate, if it determines that such equipment or facilities are located outside the non-consumer owned electric system's current geographic territory. The manner of disposal may include, without limitation, selling such equipment or facilities for other utility use or for scrap and applying the proceeds of such disposal to offset the costs the governmental entity incurred in removing such equipment or facilities. The requirement for removal shall not apply to equipment or facilities otherwise lawfully located on public rights-of-way used solely for the transmission of electricity for parcels of land within the non-consumer owned electric system's current geographic territory. Acts 1989, ch. 230, § 4.
(a) Any non-consumer owned electric system owning any lines, poles, facilities, or other equipment used or useful for the distribution or sale of electricity located outside the non-consumer owned electric system's current geographic territory on any property or right-of-way owned by the state or by any county or municipality or other subdivision of the state must remove such equipment or facilities at the non-consumer owned electric system's expense within six (6) months of May 2, 1989.
(b) If the non-consumer owned electric system owning or otherwise exercising control over such equipment or facilities neglects to remove the equipment or facilities within six (6) months of May 2, 1989, the governmental entity owning the property or right-of-way on which such equipment or facilities are located may, after notice to the non-consumer owned electric system and opportunity for hearing, remove and dispose of such equipment or facilities in whatever manner it deems appropriate, if it determines that such equipment or facilities are located outside the non-consumer owned electric system's current geographic territory. The manner of disposal may include, without limitation, selling such equipment or facilities for other utility use or for scrap and applying the proceeds of such disposal to offset the costs the governmental entity incurred in removing such equipment or facilities. The requirement for removal shall not apply to equipment or facilities otherwise lawfully located on public rights-of-way used solely for the transmission of electricity for parcels of land within the non-consumer owned electric system's current geographic territory.
Acts 1989, ch. 230, § 4.
Tenn. Code Ann. § 65-4-501 — TN Code / Title 65 / Chapter 4 / Section 65-4-501
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commission" means the Tennessee public utility commission; (2) "Fax" or "facsimile" means: (A) Every process in which electronic signals are transmitted by telephone lines for conversion into written text or other graphic images; but (B) "Fax" or "facsimile" does not include: (i) Electronic mail or "e-mail" as regulated pursuant to title 47, chapter 18, part 25; or (ii) Any transmission of electronic signals by a local exchange company to the extent that the local exchange company merely carries that transmission over its network; (3) "Local exchange company" includes telecommunications service providers as defined in § 65-4-101 , competing telecommunications service providers as such term is defined in § 65-4-101 , telephone cooperatives, and cellular or other wireless telecommunications providers, or interactive computer service provider as defined by 47 U.S.C. § 230(f) ; (4) "Person" means a natural person, individual, partnership, trust, estate, incorporated or unincorporated association, any corporation, parent, subsidiary or affiliate thereof, or any other legal or commercial entity however organized and wherever located; (A) "Affiliate" of a specific person means a person that directly or indirectly through one or more intermediaries, controls, or is controlled by, is under common control with, the person specified; (B) "Parent" means a company owning more than fifty percent (50%) of the voting shares, or otherwise a controlling interest, of another company; and (C) "Subsidiary" means a corporation with more than fifty percent (50%) of its outstanding voting shares being owned by its parent or the parent's other subsidiaries; and (5) "Unsolicited facsimile advertisement" means any material advertising the commercial availability or quality of any property, goods, or services, that is transmitted by fax to any person located within this state without such person's prior express invitation or permission, and is transmitted from Tennessee or elsewhere for the purpose of offering the extension of credit or encouraging the purchase or rental of, or investment in, property, goods, or services. Acts 2003 , ch. 15, § 1.
As used in this part, unless the context otherwise requires:
(1) "Commission" means the Tennessee public utility commission;
(2) "Fax" or "facsimile" means: (A) Every process in which electronic signals are transmitted by telephone lines for conversion into written text or other graphic images; but (B) "Fax" or "facsimile" does not include: (i) Electronic mail or "e-mail" as regulated pursuant to title 47, chapter 18, part 25; or (ii) Any transmission of electronic signals by a local exchange company to the extent that the local exchange company merely carries that transmission over its network;
(A) Every process in which electronic signals are transmitted by telephone lines for conversion into written text or other graphic images; but
(B) "Fax" or "facsimile" does not include: (i) Electronic mail or "e-mail" as regulated pursuant to title 47, chapter 18, part 25; or (ii) Any transmission of electronic signals by a local exchange company to the extent that the local exchange company merely carries that transmission over its network;
(i) Electronic mail or "e-mail" as regulated pursuant to title 47, chapter 18, part 25; or
(ii) Any transmission of electronic signals by a local exchange company to the extent that the local exchange company merely carries that transmission over its network;
(3) "Local exchange company" includes telecommunications service providers as defined in § 65-4-101 , competing telecommunications service providers as such term is defined in § 65-4-101 , telephone cooperatives, and cellular or other wireless telecommunications providers, or interactive computer service provider as defined by 47 U.S.C. § 230(f) ;
(4) "Person" means a natural person, individual, partnership, trust, estate, incorporated or unincorporated association, any corporation, parent, subsidiary or affiliate thereof, or any other legal or commercial entity however organized and wherever located; (A) "Affiliate" of a specific person means a person that directly or indirectly through one or more intermediaries, controls, or is controlled by, is under common control with, the person specified; (B) "Parent" means a company owning more than fifty percent (50%) of the voting shares, or otherwise a controlling interest, of another company; and (C) "Subsidiary" means a corporation with more than fifty percent (50%) of its outstanding voting shares being owned by its parent or the parent's other subsidiaries; and
(A) "Affiliate" of a specific person means a person that directly or indirectly through one or more intermediaries, controls, or is controlled by, is under common control with, the person specified;
(B) "Parent" means a company owning more than fifty percent (50%) of the voting shares, or otherwise a controlling interest, of another company; and
(C) "Subsidiary" means a corporation with more than fifty percent (50%) of its outstanding voting shares being owned by its parent or the parent's other subsidiaries; and
(5) "Unsolicited facsimile advertisement" means any material advertising the commercial availability or quality of any property, goods, or services, that is transmitted by fax to any person located within this state without such person's prior express invitation or permission, and is transmitted from Tennessee or elsewhere for the purpose of offering the extension of credit or encouraging the purchase or rental of, or investment in, property, goods, or services.
Acts 2003 , ch. 15, § 1.
Tenn. Code Ann. § 65-4-206 — TN Code / Title 65 / Chapter 4 / Section 65-4-206
Agreement to permit other entity to operate within same geographic boundaries
Status: in_force

Notwithstanding an investor-owned water utility's exclusive right to furnish services in the geographic boundaries set forth in its certificate of convenience and necessity as issued by the Tennessee public utility commission, an investor-owned water utility may enter into an agreement with a municipal water system, a water utility district, a county water system, a county water authority, or a county water and wastewater system treatment authority to permit that other entity to operate within the same geographic boundaries. An investor-owned water utility shall establish a method by which the utility's ratepayers may petition the utility to consider entering into an agreement pursuant to this section. Added by 2022 Tenn. Acts, ch. 889,s 4, eff. 4/14/2022.
Notwithstanding an investor-owned water utility's exclusive right to furnish services in the geographic boundaries set forth in its certificate of convenience and necessity as issued by the Tennessee public utility commission, an investor-owned water utility may enter into an agreement with a municipal water system, a water utility district, a county water system, a county water authority, or a county water and wastewater system treatment authority to permit that other entity to operate within the same geographic boundaries. An investor-owned water utility shall establish a method by which the utility's ratepayers may petition the utility to consider entering into an agreement pursuant to this section.
Added by 2022 Tenn. Acts, ch. 889,s 4, eff. 4/14/2022.
Tenn. Code Ann. § 65-7-113 — TN Code / Title 65 / Chapter 7 / Section 65-7-113
Bond issue for payment
Status: in_force

When such subscription shall become due and payable, as provided in § 65-7-112 , the county or city or town making the subscription shall make and execute its coupon bonds for the amount of such subscription, payable not more than twenty (20) years after date, and bearing interest at such rate as may be agreed upon, payable semiannually, and deliver the same to the railroad company; provided, that such county, city, or town may pay such subscription in cash at maturity, if it shall so elect. Acts 1887, ch. 3, § 12; Shan., § 1570; Code 1932, § 2624; Acts 1980, ch. 601, §21; T.C.A. (orig. ed.), § 65-713.
When such subscription shall become due and payable, as provided in § 65-7-112 , the county or city or town making the subscription shall make and execute its coupon bonds for the amount of such subscription, payable not more than twenty (20) years after date, and bearing interest at such rate as may be agreed upon, payable semiannually, and deliver the same to the railroad company; provided, that such county, city, or town may pay such subscription in cash at maturity, if it shall so elect.
Acts 1887, ch. 3, § 12; Shan., § 1570; Code 1932, § 2624; Acts 1980, ch. 601, §21; T.C.A. (orig. ed.), § 65-713.
Tenn. Code Ann. § 65-5-111 — TN Code / Title 65 / Chapter 5 / Section 65-5-111
Evaluation - Reports by commission
Status: in_force

The general assembly shall evaluate the implementation of chapter 408 of the Public Acts of 1995, every two (2) years for not less than the next six (6) years by requiring the submission of a report prepared by the commission consisting of the following information: (1) The compliance of market participants with chapter 408 of the Public Acts of 1995; (2) The status of universal service in Tennessee; (3) The availability of service capabilities and service offerings, subdivided by facilities-based and non-facilities-based, for each telecommunications services provider; (4) The number of customers, access lines served, and revenues, subdivided by residential and business, for each telecommunications services provider; (5) The impact of federal telecommunications initiatives; (6) The degree of technological change in the marketplace; (7) The technical compatibility between providers; (8) The service performance of providers; and (9) Any other information the commission considers necessary for proper oversight and evaluation. Acts 1995, ch. 408, § 15; T.C.A. § 65-5-211.
The general assembly shall evaluate the implementation of chapter 408 of the Public Acts of 1995, every two (2) years for not less than the next six (6) years by requiring the submission of a report prepared by the commission consisting of the following information:
(1) The compliance of market participants with chapter 408 of the Public Acts of 1995;
(2) The status of universal service in Tennessee;
(3) The availability of service capabilities and service offerings, subdivided by facilities-based and non-facilities-based, for each telecommunications services provider;
(4) The number of customers, access lines served, and revenues, subdivided by residential and business, for each telecommunications services provider;
(5) The impact of federal telecommunications initiatives;
(6) The degree of technological change in the marketplace;
(7) The technical compatibility between providers;
(8) The service performance of providers; and
(9) Any other information the commission considers necessary for proper oversight and evaluation.
Acts 1995, ch. 408, § 15; T.C.A. § 65-5-211.
Tenn. Code Ann. § 65-6-119 — TN Code / Title 65 / Chapter 6 / Section 65-6-119
Construction and maintenance of roadbeds
Status: in_force

Any railroad company owning or operating a railroad or any part thereof in this state, whether chartered under the laws of this state or under the laws of any other state or states, is empowered to fill its trestles and to make all creek changes necessary for the same; to construct channels and canals contiguous to its rights of way so as to prevent the unnecessary crossing of creeks and to make such other changes in the beds of creeks as may be necessary for the proper construction and maintenance of its roadbeds; provided, that where any property owner is damaged by such change in a creek, such landowners shall be entitled to just compensation for the same. Acts 1911, ch. 55, § 1; Shan., § 1490a1; Code 1932, § 2576; T.C.A. (orig. ed.), § 65-622.
Any railroad company owning or operating a railroad or any part thereof in this state, whether chartered under the laws of this state or under the laws of any other state or states, is empowered to fill its trestles and to make all creek changes necessary for the same; to construct channels and canals contiguous to its rights of way so as to prevent the unnecessary crossing of creeks and to make such other changes in the beds of creeks as may be necessary for the proper construction and maintenance of its roadbeds; provided, that where any property owner is damaged by such change in a creek, such landowners shall be entitled to just compensation for the same.
Acts 1911, ch. 55, § 1; Shan., § 1490a1; Code 1932, § 2576; T.C.A. (orig. ed.), § 65-622.
Tenn. Code Ann. § 65-3-123 — TN Code / Title 65 / Chapter 3 / Section 65-3-123
Abatement of dangerous or unhealthy conditions
Status: in_force

(a) The department of transportation has the power and authority relative to commercial railroads, interurban railroads, and street railroads to inspect the conditions existing on all trains operating in Tennessee, along the rail rights-of-way, in rail yards and terminals, and at rail loading and unloading facilities connected to property owned or operated by the railroads, except for those areas of loading and unloading facilities requiring no access for service by Class I railroads. This power and authority is in addition to those granted in § 65-11-107 . Such inspection shall be conducted for the purpose of assuring the safety, health and comfort of rail customers, the general public and rail employees, and for the purpose of abating and removing any dangerous or unhealthy conditions found to exist in these locations. (b) The department of transportation, on its own motion or on the petition of any citizen, shall have a hearing on the question embraced within this section, as to the presence of dangerous or unhealthy conditions of trains or along the rights-of-way, yards and terminals of all commercial railroads and street railroads. (c) It is the duty of the department of transportation, after the hearing, to order the abatement and removal of any dangerous or unhealthy condition, if found to exist, and to order improvements to be made remedying same, when such conditions are shown to be dangerous to the health and safety of the general public or the employees. Acts 1939, ch. 130, § 1; C. Supp. 1950, § 5449; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-331; Acts 1991, ch. 138, § 1; 1995, ch. 305, §§ 10, 12.
(a) The department of transportation has the power and authority relative to commercial railroads, interurban railroads, and street railroads to inspect the conditions existing on all trains operating in Tennessee, along the rail rights-of-way, in rail yards and terminals, and at rail loading and unloading facilities connected to property owned or operated by the railroads, except for those areas of loading and unloading facilities requiring no access for service by Class I railroads. This power and authority is in addition to those granted in § 65-11-107 . Such inspection shall be conducted for the purpose of assuring the safety, health and comfort of rail customers, the general public and rail employees, and for the purpose of abating and removing any dangerous or unhealthy conditions found to exist in these locations.
(b) The department of transportation, on its own motion or on the petition of any citizen, shall have a hearing on the question embraced within this section, as to the presence of dangerous or unhealthy conditions of trains or along the rights-of-way, yards and terminals of all commercial railroads and street railroads.
(c) It is the duty of the department of transportation, after the hearing, to order the abatement and removal of any dangerous or unhealthy condition, if found to exist, and to order improvements to be made remedying same, when such conditions are shown to be dangerous to the health and safety of the general public or the employees.
Acts 1939, ch. 130, § 1; C. Supp. 1950, § 5449; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-331; Acts 1991, ch. 138, § 1; 1995, ch. 305, §§ 10, 12.
Tenn. Code Ann. § 65-10-111 — TN Code / Title 65 / Chapter 10 / Section 65-10-111
Equipment and rolling stock
Status: in_force

(a) In any written contract of or for the sale of the railroad equipment or rolling stock, deliverable immediately or subsequently at stipulated periods, by the terms of which the purchase money, in whole or in part, is to be paid in the future, it may be agreed that the title to the property so sold or contracted to be sold shall not pass to or vest in the vendee until the purchase money shall have been fully paid, or that the vendor shall have and retain a lien thereon for the unpaid purchase money, notwithstanding delivery thereof to and possession by the vendee; provided, that the terms of credit for the payment of the purchase money shall not exceed fifteen (15) years from the execution of the contract. (b) In any written contract for the leasing or renting of railroad equipment or rolling stock, it is lawful to stipulate for a conditional sale thereof at the termination of such lease, and to stipulate that the rentals received may, as paid or when paid in full, be applied and treated as purchase money, and that the title of such property shall not vest in such lessee or vendee until the purchase money shall have been paid in full, notwithstanding delivery to and possession by such lessee or vendee, subject, however, to the proviso contained in subsection (a). (c) Every such contract specified in this section shall be good, valid, and effectual, both in law and equity, against all purchasers and creditors; provided, first, the same shall be acknowledged by the vendee or lessee before some officer authorized by law to take acknowledgments of deeds in the form required as to conveyance of real estate; second, such instrument shall be registered in the office of the register of the county in which, at the time of the execution thereof, is situated the principal office of the vendee or lessee in this state; and third, each locomotive engine or car so sold or contracted to be sold or leased as aforementioned shall have the name of the vendor or lessor, or the assignee of such vendor or lessor, plainly placed or marked on each side thereof, or be otherwise marked so as to indicate the ownership thereof. Acts 1885, ch. 96, §§ 1-3, 5; 1903, ch. 199, § 1; Shan., §§ 3587-3589; Code 1932, §§ 8009-8011; T.C.A. (orig. ed.), §§ 65-1018 -- 65-1020; Acts 1991, ch. 360, § 1.
(a) In any written contract of or for the sale of the railroad equipment or rolling stock, deliverable immediately or subsequently at stipulated periods, by the terms of which the purchase money, in whole or in part, is to be paid in the future, it may be agreed that the title to the property so sold or contracted to be sold shall not pass to or vest in the vendee until the purchase money shall have been fully paid, or that the vendor shall have and retain a lien thereon for the unpaid purchase money, notwithstanding delivery thereof to and possession by the vendee; provided, that the terms of credit for the payment of the purchase money shall not exceed fifteen (15) years from the execution of the contract.
(b) In any written contract for the leasing or renting of railroad equipment or rolling stock, it is lawful to stipulate for a conditional sale thereof at the termination of such lease, and to stipulate that the rentals received may, as paid or when paid in full, be applied and treated as purchase money, and that the title of such property shall not vest in such lessee or vendee until the purchase money shall have been paid in full, notwithstanding delivery to and possession by such lessee or vendee, subject, however, to the proviso contained in subsection (a).
(c) Every such contract specified in this section shall be good, valid, and effectual, both in law and equity, against all purchasers and creditors; provided, first, the same shall be acknowledged by the vendee or lessee before some officer authorized by law to take acknowledgments of deeds in the form required as to conveyance of real estate; second, such instrument shall be registered in the office of the register of the county in which, at the time of the execution thereof, is situated the principal office of the vendee or lessee in this state; and third, each locomotive engine or car so sold or contracted to be sold or leased as aforementioned shall have the name of the vendor or lessor, or the assignee of such vendor or lessor, plainly placed or marked on each side thereof, or be otherwise marked so as to indicate the ownership thereof.
Acts 1885, ch. 96, §§ 1-3, 5; 1903, ch. 199, § 1; Shan., §§ 3587-3589; Code 1932, §§ 8009-8011; T.C.A. (orig. ed.), §§ 65-1018 -- 65-1020; Acts 1991, ch. 360, § 1.
Tenn. Code Ann. § 65-1-111 — TN Code / Title 65 / Chapter 1 / Section 65-1-111
Report to general assembly
Status: in_force

The Tennessee public utility commission shall, on the first Monday of February each year, make a report to the general assembly and to the governor of all matters relating to its office for the preceding year, and such as will disclose the practical workings of companies under its jurisdiction in this state, along with such suggestions as it may deem proper, together with an abstract of the minutes of all of its meetings. Amended by 2016 Tenn. Acts, ch. 797, s 18, eff. 4/14/2016. Acts 1995, ch. 305, § 5; T.C.A. § 65-1-211; Acts 2012, ch. 1070, §§ 9, 10.
The Tennessee public utility commission shall, on the first Monday of February each year, make a report to the general assembly and to the governor of all matters relating to its office for the preceding year, and such as will disclose the practical workings of companies under its jurisdiction in this state, along with such suggestions as it may deem proper, together with an abstract of the minutes of all of its meetings.
Amended by 2016 Tenn. Acts, ch. 797, s 18, eff. 4/14/2016.
Acts 1995, ch. 305, § 5; T.C.A. § 65-1-211; Acts 2012, ch. 1070, §§ 9, 10.
Tenn. Code Ann. § 65-31-101 — TN Code / Title 65 / Chapter 31 / Section 65-31-101
Short title
Status: in_force

This chapter may be cited as the "Underground Utility Damage Prevention Act." Acts 1978, ch. 692, § 1; T.C.A., § 65-3201.
This chapter may be cited as the "Underground Utility Damage Prevention Act."
Acts 1978, ch. 692, § 1; T.C.A., § 65-3201.
Tenn. Code Ann. § 65-20-101 — TN Code / Title 65 / Chapter 20 / Section 65-20-101
Compressed cotton
Status: in_force

(a) It is unlawful for any common carrier, doing business in this state, to become a party to any combination or monopoly, for the purpose of controlling the compression of cotton, in bales, in the interest of special individuals, firms, or companies. (b) All such common carriers shall be required to receive all compressed cotton, and transport the same as such at regular schedule rates of freight, without discrimination as to individuals, firms, or compresses offering the same for shipment. (c) A violation of this section is a Class C misdemeanor. Acts 1879, ch. 160, §§ 1-3; Shan., §§ 3077-3079; Code 1932, §§ 5524-5526; T.C.A. (orig. ed.), §§ 65-2001 -- 65-2003; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any common carrier, doing business in this state, to become a party to any combination or monopoly, for the purpose of controlling the compression of cotton, in bales, in the interest of special individuals, firms, or companies.
(b) All such common carriers shall be required to receive all compressed cotton, and transport the same as such at regular schedule rates of freight, without discrimination as to individuals, firms, or compresses offering the same for shipment.
(c) A violation of this section is a Class C misdemeanor.
Acts 1879, ch. 160, §§ 1-3; Shan., §§ 3077-3079; Code 1932, §§ 5524-5526; T.C.A. (orig. ed.), §§ 65-2001 -- 65-2003; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 65-5-104 — TN Code / Title 65 / Chapter 5 / Section 65-5-104
Unjust rate, fare, schedule or classification prohibited
Status: in_force

(a) No public utility shall: (1) Make, impose, or exact any unreasonable, unjustly discriminatory or unduly preferential individual or joint rate, or special rate, toll, fare, charge, or schedule for any product, or service supplied or rendered by it within this state; or (2) Adopt or impose any unjust or unreasonable classification in the making or as the basis of any rate, toll, charge, fare, or schedule for any product or service rendered by it within this state. (b) Any measure taken by any public utility to avoid discrimination in rates, charges, fees and in the availability and quality of energy against consumers using solar- or wind-powered equipment as a source of energy shall not be considered unreasonable, unjust, or unduly preferential in violation of this section, unless such customers do not have sufficient safety equipment to protect the suppliers from damage. Acts 1919, ch. 49, § 6; Shan. Supp., § 3059a89; Code 1932, § 5452; Acts 1980, ch. 756, § 3; T.C.A. (orig. ed.), § 65-521; Acts 1995, ch. 305, § 23; T.C.A. § 65-5-204.
(a) No public utility shall: (1) Make, impose, or exact any unreasonable, unjustly discriminatory or unduly preferential individual or joint rate, or special rate, toll, fare, charge, or schedule for any product, or service supplied or rendered by it within this state; or (2) Adopt or impose any unjust or unreasonable classification in the making or as the basis of any rate, toll, charge, fare, or schedule for any product or service rendered by it within this state.
(1) Make, impose, or exact any unreasonable, unjustly discriminatory or unduly preferential individual or joint rate, or special rate, toll, fare, charge, or schedule for any product, or service supplied or rendered by it within this state; or
(2) Adopt or impose any unjust or unreasonable classification in the making or as the basis of any rate, toll, charge, fare, or schedule for any product or service rendered by it within this state.
(b) Any measure taken by any public utility to avoid discrimination in rates, charges, fees and in the availability and quality of energy against consumers using solar- or wind-powered equipment as a source of energy shall not be considered unreasonable, unjust, or unduly preferential in violation of this section, unless such customers do not have sufficient safety equipment to protect the suppliers from damage.
Acts 1919, ch. 49, § 6; Shan. Supp., § 3059a89; Code 1932, § 5452; Acts 1980, ch. 756, § 3; T.C.A. (orig. ed.), § 65-521; Acts 1995, ch. 305, § 23; T.C.A. § 65-5-204.
Tenn. Code Ann. § 65-5-108 — TN Code / Title 65 / Chapter 5 / Section 65-5-108
Classification of services - Exempt services - Price floor - Maximum rates for non-basic services
Status: in_force

(a) Services of incumbent local exchange telephone companies who apply for price regulation under § 65-5-109 are classified as follows: (1) "Basic local exchange telephone services" are telecommunications services which are comprised of an access line, dial tone, touch-tone and usage provided to the premises for the provision of two-way switched voice or data transmission over voice grade facilities of residential customers or business customers within a local calling area, Lifeline, Link-Up Tennessee, 911 Emergency Services and educational discounts existing on June 6, 1995, or other services required by state or federal statute. These services shall, at a minimum, be provided at the same level of quality as is being provided on June 6, 1995. Rates for these services shall include both recurring and nonrecurring charges; (2) "Nonbasic services" are telecommunications services which are not defined as basic local exchange telephone services and are not exempted under subsection (b). Rates for these services shall include both recurring and nonrecurring charges. (b) The commission, after notice and opportunity for hearing, may find that the public interest and the policies set forth in this part are served by exempting a service or group of services from all or a portion of the requirements of this part. Upon making such a finding, the commission may exempt telecommunications service providers from such requirements as appropriate. The commission shall in any event exempt a telecommunications service for which existing and potential competition is an effective regulator of the price of those services. (c) Effective January 1, 1996, an incumbent local exchange telephone company shall adhere to a price floor for its competitive services subject to such determination as the commission shall make pursuant to § 65-5-107 . The price floor shall equal the incumbent local exchange telephone company's tariffed rates for essential elements utilized by competing telecommunications service providers plus the total long-run incremental cost of the competitive elements of the service. When shown to be in the public interest, the commission shall exempt a service or group of services provided by an incumbent local exchange telephone company from the requirement of the price floor. The commission shall, as appropriate, also adopt other rules or issue orders to prohibit cross-subsidization, preferences to competitive services or affiliated entities, predatory pricing, price squeezing, price discrimination, tying arrangements or other anticompetitive practices. (d) The maximum rate for any new nonbasic service first offered after June 6, 1995, shall not exceed the stand-alone cost of the service. Acts 1995, ch. 408, § 9; T.C.A. § 65-5-208.
(a) Services of incumbent local exchange telephone companies who apply for price regulation under § 65-5-109 are classified as follows: (1) "Basic local exchange telephone services" are telecommunications services which are comprised of an access line, dial tone, touch-tone and usage provided to the premises for the provision of two-way switched voice or data transmission over voice grade facilities of residential customers or business customers within a local calling area, Lifeline, Link-Up Tennessee, 911 Emergency Services and educational discounts existing on June 6, 1995, or other services required by state or federal statute. These services shall, at a minimum, be provided at the same level of quality as is being provided on June 6, 1995. Rates for these services shall include both recurring and nonrecurring charges; (2) "Nonbasic services" are telecommunications services which are not defined as basic local exchange telephone services and are not exempted under subsection (b). Rates for these services shall include both recurring and nonrecurring charges.
(1) "Basic local exchange telephone services" are telecommunications services which are comprised of an access line, dial tone, touch-tone and usage provided to the premises for the provision of two-way switched voice or data transmission over voice grade facilities of residential customers or business customers within a local calling area, Lifeline, Link-Up Tennessee, 911 Emergency Services and educational discounts existing on June 6, 1995, or other services required by state or federal statute. These services shall, at a minimum, be provided at the same level of quality as is being provided on June 6, 1995. Rates for these services shall include both recurring and nonrecurring charges;
(2) "Nonbasic services" are telecommunications services which are not defined as basic local exchange telephone services and are not exempted under subsection (b). Rates for these services shall include both recurring and nonrecurring charges.
(b) The commission, after notice and opportunity for hearing, may find that the public interest and the policies set forth in this part are served by exempting a service or group of services from all or a portion of the requirements of this part. Upon making such a finding, the commission may exempt telecommunications service providers from such requirements as appropriate. The commission shall in any event exempt a telecommunications service for which existing and potential competition is an effective regulator of the price of those services.
(c) Effective January 1, 1996, an incumbent local exchange telephone company shall adhere to a price floor for its competitive services subject to such determination as the commission shall make pursuant to § 65-5-107 . The price floor shall equal the incumbent local exchange telephone company's tariffed rates for essential elements utilized by competing telecommunications service providers plus the total long-run incremental cost of the competitive elements of the service. When shown to be in the public interest, the commission shall exempt a service or group of services provided by an incumbent local exchange telephone company from the requirement of the price floor. The commission shall, as appropriate, also adopt other rules or issue orders to prohibit cross-subsidization, preferences to competitive services or affiliated entities, predatory pricing, price squeezing, price discrimination, tying arrangements or other anticompetitive practices.
(d) The maximum rate for any new nonbasic service first offered after June 6, 1995, shall not exceed the stand-alone cost of the service.
Acts 1995, ch. 408, § 9; T.C.A. § 65-5-208.
Tenn. Code Ann. § 65-18-106 — TN Code / Title 65 / Chapter 18 / Section 65-18-106
Private crossings and cow gaps
Status: in_force

Where land on both sides of a track is owned by the same proprietor, convenient crossings shall be made and kept up at the expense of the corporation for the use of the proprietor, and all necessary cow gaps made. Acts 1887, ch. 16, § 2; Shan., § 2253; Code 1932, § 3971; T.C.A. (orig. ed.), § 65-1806.
Where land on both sides of a track is owned by the same proprietor, convenient crossings shall be made and kept up at the expense of the corporation for the use of the proprietor, and all necessary cow gaps made.
Acts 1887, ch. 16, § 2; Shan., § 2253; Code 1932, § 3971; T.C.A. (orig. ed.), § 65-1806.
Tenn. Code Ann. § 65-35-104 — TN Code / Title 65 / Chapter 35 / Section 65-35-104
Civil liability - Damages - Liens - Perfection of liens
Status: in_force

(a) Any person violating § 65-35-102 is liable civilly for damages resulting from such violation, including actual, compensatory, incidental and punitive damages. (b) The damages shall be three (3) times the utility's estimated loss of revenue, plus reasonable attorneys' fees and costs associated with such loss. (c) A finding of guilt in violation of § 65-35-102 , as part of an action brought to impose the penalties under § 39-14-104 , is conclusive evidence of liability for civil damages recoverable under this chapter in any court of appropriate jurisdiction in a proceeding to assess civil damages against the guilty party. (d) Regardless of any criminal charge or lack thereof, any utility may nevertheless bring a civil action in any court of appropriate jurisdiction against the owner, occupant or tenant and allege the violation of any of the acts prohibited by § 65-35-102 ; and upon a finding that the person has violated § 65-35-102 , the court shall likewise determine the estimated loss of revenues and award judgment for sums specified in subsections (a) and (b). (e) (1) Any utility that can properly establish the amount of utility service fraudulently taken on or by any premises occupied by the owner thereof shall have the right to declare a lien for the value of such utility service against the property on which the utility service was taken. (2) The lien shall be filed within one (1) year of the date of the utility's first actual knowledge of the fraudulently diverted utility service. (3) (A) The lien shall be perfected upon the filing of a notice with the office of the register of deeds of the county in which the property upon which the lien is claimed is located, and such lien shall be second only to liens of the state, county, or municipality for taxes and special assessments, and any valid lien, right, or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. Such notice shall contain the name of the titleholder or titleholders of the property upon which the lien is claimed, the property address, a description of the property sufficient to identify it, the signature and address of the entity claiming the lien, and the amount claimed by such entity. (B) The priority of liens established by this subdivision (e)(3) shall apply to all liens filed pursuant to this subsection (e) on or after April 10, 1990. (4) If a utility has not registered the notice as provided in subdivision (e)(3), such lien shall not be effective against a bona fide purchaser for value without actual or constructive knowledge of the fraudulently diverted utility service. (f) Civil actions pursuant to this section shall be commenced within the time required by law in an action to recover damages for the loss of property. Acts 1990, ch. 851, § 4; 1991, ch. 47, §§ 1-3; 1991, ch. 220, §§ 1, 2.
(a) Any person violating § 65-35-102 is liable civilly for damages resulting from such violation, including actual, compensatory, incidental and punitive damages.
(b) The damages shall be three (3) times the utility's estimated loss of revenue, plus reasonable attorneys' fees and costs associated with such loss.
(c) A finding of guilt in violation of § 65-35-102 , as part of an action brought to impose the penalties under § 39-14-104 , is conclusive evidence of liability for civil damages recoverable under this chapter in any court of appropriate jurisdiction in a proceeding to assess civil damages against the guilty party.
(d) Regardless of any criminal charge or lack thereof, any utility may nevertheless bring a civil action in any court of appropriate jurisdiction against the owner, occupant or tenant and allege the violation of any of the acts prohibited by § 65-35-102 ; and upon a finding that the person has violated § 65-35-102 , the court shall likewise determine the estimated loss of revenues and award judgment for sums specified in subsections (a) and (b).
(e) (1) Any utility that can properly establish the amount of utility service fraudulently taken on or by any premises occupied by the owner thereof shall have the right to declare a lien for the value of such utility service against the property on which the utility service was taken. (2) The lien shall be filed within one (1) year of the date of the utility's first actual knowledge of the fraudulently diverted utility service. (3) (A) The lien shall be perfected upon the filing of a notice with the office of the register of deeds of the county in which the property upon which the lien is claimed is located, and such lien shall be second only to liens of the state, county, or municipality for taxes and special assessments, and any valid lien, right, or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. Such notice shall contain the name of the titleholder or titleholders of the property upon which the lien is claimed, the property address, a description of the property sufficient to identify it, the signature and address of the entity claiming the lien, and the amount claimed by such entity. (B) The priority of liens established by this subdivision (e)(3) shall apply to all liens filed pursuant to this subsection (e) on or after April 10, 1990. (4) If a utility has not registered the notice as provided in subdivision (e)(3), such lien shall not be effective against a bona fide purchaser for value without actual or constructive knowledge of the fraudulently diverted utility service.
(1) Any utility that can properly establish the amount of utility service fraudulently taken on or by any premises occupied by the owner thereof shall have the right to declare a lien for the value of such utility service against the property on which the utility service was taken.
(2) The lien shall be filed within one (1) year of the date of the utility's first actual knowledge of the fraudulently diverted utility service.
(3) (A) The lien shall be perfected upon the filing of a notice with the office of the register of deeds of the county in which the property upon which the lien is claimed is located, and such lien shall be second only to liens of the state, county, or municipality for taxes and special assessments, and any valid lien, right, or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. Such notice shall contain the name of the titleholder or titleholders of the property upon which the lien is claimed, the property address, a description of the property sufficient to identify it, the signature and address of the entity claiming the lien, and the amount claimed by such entity. (B) The priority of liens established by this subdivision (e)(3) shall apply to all liens filed pursuant to this subsection (e) on or after April 10, 1990.
(A) The lien shall be perfected upon the filing of a notice with the office of the register of deeds of the county in which the property upon which the lien is claimed is located, and such lien shall be second only to liens of the state, county, or municipality for taxes and special assessments, and any valid lien, right, or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. Such notice shall contain the name of the titleholder or titleholders of the property upon which the lien is claimed, the property address, a description of the property sufficient to identify it, the signature and address of the entity claiming the lien, and the amount claimed by such entity.
(B) The priority of liens established by this subdivision (e)(3) shall apply to all liens filed pursuant to this subsection (e) on or after April 10, 1990.
(4) If a utility has not registered the notice as provided in subdivision (e)(3), such lien shall not be effective against a bona fide purchaser for value without actual or constructive knowledge of the fraudulently diverted utility service.
(f) Civil actions pursuant to this section shall be commenced within the time required by law in an action to recover damages for the loss of property.
Acts 1990, ch. 851, § 4; 1991, ch. 47, §§ 1-3; 1991, ch. 220, §§ 1, 2.
Tenn. Code Ann. § 65-31-103 — TN Code / Title 65 / Chapter 31 / Section 65-31-103
Permits do not relieve liability
Status: in_force

A permit issued pursuant to law authorizing excavation or demolition operations shall not be deemed to relieve a person from the responsibility for complying with this chapter. Acts 1978, ch. 692, § 3; T.C.A., § 65-3203.
A permit issued pursuant to law authorizing excavation or demolition operations shall not be deemed to relieve a person from the responsibility for complying with this chapter.
Acts 1978, ch. 692, § 3; T.C.A., § 65-3203.
Tenn. Code Ann. § 65-12-107 — TN Code / Title 65 / Chapter 12 / Section 65-12-107
Standard of care required when livestock on tracks
Status: in_force

Whenever livestock appears on the tracks as an obstruction ahead of a railroad train, it shall be the duty of the engineer, or the person in charge of the operation of the train, to blow the alarm whistle and apply the brakes, in order to prevent, if reasonably possible, the striking of the livestock.
Tenn. Code Ann. § 65-6-302 — TN Code / Title 65 / Chapter 6 / Section 65-6-302
Enlargement of unfenced area
Status: in_force

In case a field or enclosure through which unfenced railroad track passes shall be enlarged or extended, or the owner of the land over which such unfenced track passes shall open a field so as to embrace the track of such railroad, such railroad company is required to place good and sufficient cattle guards or stops at the margin of such enclosure or fields, and keep the same in repair; provided, that such owner shall give the nearest or most accessible agent of such company thirty (30) days' notice of such change. Acts 1889, ch. 248, § 2; Shan., § 1596; Code 1932, § 2663; T.C.A. (orig. ed.), § 65-646.
In case a field or enclosure through which unfenced railroad track passes shall be enlarged or extended, or the owner of the land over which such unfenced track passes shall open a field so as to embrace the track of such railroad, such railroad company is required to place good and sufficient cattle guards or stops at the margin of such enclosure or fields, and keep the same in repair; provided, that such owner shall give the nearest or most accessible agent of such company thirty (30) days' notice of such change.
Acts 1889, ch. 248, § 2; Shan., § 1596; Code 1932, § 2663; T.C.A. (orig. ed.), § 65-646.
Tenn. Code Ann. § 65-21-112 — TN Code / Title 65 / Chapter 21 / Section 65-21-112
Failure to relinquish telephone line for emergency call
Status: in_force

(a) Any person who fails to relinquish a telephone party line or a public pay telephone after having been requested to do so to permit another to place an emergency call to a fire department or police department, or for medical aid or ambulance service, commits a Class C misdemeanor. (b) It is a defense to a prosecution under this section that the accused did not know or did not have reason to know of the emergency in question, or that the accused was also using the telephone party line or public pay telephone for such an emergency call. (c) Any person who requests another to relinquish a telephone party line or a public pay telephone on the pretext that such person must place an emergency call, knowing such pretext to be false, commits a Class C misdemeanor. (d) Every telephone company doing business in this state shall print a statement of the substance of this section in a permanent place in each telephone directory published by it. Acts 1955, ch. 272, §§ 1-3; T.C.A. (orig. ed.), §§ 65-2120 -- 65-2122; Acts 1989, ch. 591, § 113.
(a) Any person who fails to relinquish a telephone party line or a public pay telephone after having been requested to do so to permit another to place an emergency call to a fire department or police department, or for medical aid or ambulance service, commits a Class C misdemeanor.
(b) It is a defense to a prosecution under this section that the accused did not know or did not have reason to know of the emergency in question, or that the accused was also using the telephone party line or public pay telephone for such an emergency call.
(c) Any person who requests another to relinquish a telephone party line or a public pay telephone on the pretext that such person must place an emergency call, knowing such pretext to be false, commits a Class C misdemeanor.
(d) Every telephone company doing business in this state shall print a statement of the substance of this section in a permanent place in each telephone directory published by it.
Acts 1955, ch. 272, §§ 1-3; T.C.A. (orig. ed.), §§ 65-2120 -- 65-2122; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 65-3-124 — TN Code / Title 65 / Chapter 3 / Section 65-3-124
Report on blocked highway-rail grade crossings
Status: in_force

On or before November 1, 2021, and on or before November 1 of each year between 2022 - 2026, the department of transportation shall report to the transportation committee of the house of representatives and the transportation and safety committee of the senate on the data collected on the following website, or any successor website, established by the federal railroad administration (FRA) for the public and law enforcement agencies to report blocked highway-rail grade crossings: www.fra.dot.gov/blockedcrossings. The department shall publish the link to the FRA website in a prominent location on its website. The department shall submit its final report on or before July 1, 2027. From the data available on the website, the department's report must identify the areas in this state impacted by the blocked crossings, such as areas where commerce is impeded or potential public safety risks are posed, and must include the location and length of the obstructions in those areas. The department shall send a copy of each report to the five (5) municipalities with the highest number of areas impacted by blocked crossings. Added by 2021 Tenn. Acts, ch. 178, s 1, eff. 4/20/2021.
On or before November 1, 2021, and on or before November 1 of each year between 2022 - 2026, the department of transportation shall report to the transportation committee of the house of representatives and the transportation and safety committee of the senate on the data collected on the following website, or any successor website, established by the federal railroad administration (FRA) for the public and law enforcement agencies to report blocked highway-rail grade crossings: www.fra.dot.gov/blockedcrossings. The department shall publish the link to the FRA website in a prominent location on its website. The department shall submit its final report on or before July 1, 2027. From the data available on the website, the department's report must identify the areas in this state impacted by the blocked crossings, such as areas where commerce is impeded or potential public safety risks are posed, and must include the location and length of the obstructions in those areas. The department shall send a copy of each report to the five (5) municipalities with the highest number of areas impacted by blocked crossings.
Added by 2021 Tenn. Acts, ch. 178, s 1, eff. 4/20/2021.
Tenn. Code Ann. § 65-4-108 — TN Code / Title 65 / Chapter 4 / Section 65-4-108
Appeal to commission from local regulation
Status: in_force

Any such public utility may appeal to the commission from any order or regulation made by any local, municipal, or county governing body, and the commission is given power and jurisdiction to hear such appeal and to determine the matter in question on the merits and make such order in the premises as may be just and reasonable. Acts 1919, ch. 49, § 8; Shan. Supp., § 3059a91; Code 1932, § 5454; T.C.A. (orig. ed.), § 65-408; Acts 1995, ch. 305, § 20.
Any such public utility may appeal to the commission from any order or regulation made by any local, municipal, or county governing body, and the commission is given power and jurisdiction to hear such appeal and to determine the matter in question on the merits and make such order in the premises as may be just and reasonable.
Acts 1919, ch. 49, § 8; Shan. Supp., § 3059a91; Code 1932, § 5454; T.C.A. (orig. ed.), § 65-408; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-4-103 — TN Code / Title 65 / Chapter 4 / Section 65-4-103
Interstate commerce excepted
Status: in_force

This chapter shall be construed to apply to and affect only public utilities which furnish products or services within the state, and this chapter shall not be construed to extend to any public utility engaged in interstate commerce the government or regulation of which jurisdiction is vested in the interstate commerce commission or other federal board or commission. Acts 1919, ch. 49, § 10; Shan. Supp., § 3059a93; Code 1932, § 5456; T.C.A. (orig. ed.), § 65-403.
This chapter shall be construed to apply to and affect only public utilities which furnish products or services within the state, and this chapter shall not be construed to extend to any public utility engaged in interstate commerce the government or regulation of which jurisdiction is vested in the interstate commerce commission or other federal board or commission.
Acts 1919, ch. 49, § 10; Shan. Supp., § 3059a93; Code 1932, § 5456; T.C.A. (orig. ed.), § 65-403.
Tenn. Code Ann. § 65-17-104 — TN Code / Title 65 / Chapter 17 / Section 65-17-104
Permit required
Status: in_force

No person shall undertake the construction, operation, or redevelopment of a wind energy facility or a wind energy facility expansion in this state unless a certificate of public convenience and necessity is first obtained from the public utility commission pursuant to chapter 4, part 2 of this title, and a permit is obtained from the local legislative body of the local government in which the facility or expansion will be located pursuant to §§ 65-17-105 - 65-17-113. The person shall submit a copy of the certificate of public convenience and necessity with its application for a permit to the local legislative body. Acts 2018, ch. 825, § 4.
No person shall undertake the construction, operation, or redevelopment of a wind energy facility or a wind energy facility expansion in this state unless a certificate of public convenience and necessity is first obtained from the public utility commission pursuant to chapter 4, part 2 of this title, and a permit is obtained from the local legislative body of the local government in which the facility or expansion will be located pursuant to §§ 65-17-105 - 65-17-113. The person shall submit a copy of the certificate of public convenience and necessity with its application for a permit to the local legislative body.
Acts 2018, ch. 825, § 4.
Tenn. Code Ann. § 65-1-113 — TN Code / Title 65 / Chapter 1 / Section 65-1-113
Enforcement - Duties of commission
Status: in_force

It is the duty of the Tennessee public utility commission to ensure that chapter 305 of the Public Acts of 1995 and all laws of this state over which they have jurisdiction are enforced and obeyed, that violations thereof are promptly prosecuted, and all penalties due the state are collected. Acts 1995, ch. 305, § 5; T.C.A. § 65-1-213.
It is the duty of the Tennessee public utility commission to ensure that chapter 305 of the Public Acts of 1995 and all laws of this state over which they have jurisdiction are enforced and obeyed, that violations thereof are promptly prosecuted, and all penalties due the state are collected.
Acts 1995, ch. 305, § 5; T.C.A. § 65-1-213.
Tenn. Code Ann. § 65-5-203 — TN Code / Title 65 / Chapter 5 / Section 65-5-203
Federal preemption
Status: in_force

In order to ensure that this state provides an attractive environment for investment in broadband technology by establishing certainty regarding the regulatory treatment of that technology, consistent with the decisions of the federal communications commission to preempt certain state actions that are not in accordance with the policies developed by the federal communications commission, the Tennessee public utility commission shall not exercise jurisdiction of any type over or relating to broadband services, regardless of the entity providing the service, except as provided in § 65-5-202(a) . Acts 2006, ch. 681, § 4.
In order to ensure that this state provides an attractive environment for investment in broadband technology by establishing certainty regarding the regulatory treatment of that technology, consistent with the decisions of the federal communications commission to preempt certain state actions that are not in accordance with the policies developed by the federal communications commission, the Tennessee public utility commission shall not exercise jurisdiction of any type over or relating to broadband services, regardless of the entity providing the service, except as provided in § 65-5-202(a) .
Acts 2006, ch. 681, § 4.
Tenn. Code Ann. § 65-4-127 — TN Code / Title 65 / Chapter 4 / Section 65-4-127
Cyber security plan
Status: in_force

(a) As used in this section: (1) "Commission" means the Tennessee public utilities commission; and (2) "Utility" means a public utility that provides electric, water, wastewater, or natural gas services. (b) (1) By July 1, 2023, or within one (1) year after a utility is formed, whichever is later, a utility shall prepare and implement a cyber security plan to provide for the protection of the utility's facilities from unauthorized use, alteration, ransom, or destruction of electronic data. The utility shall annually submit documentation of the utility's compliance with this section to the commission by July 1. (2) The documentation required by this section must be made in writing and under oath by the chief executive officer, president, or other person with an equivalent role of the utility. (c) A utility shall assess and update the cyber security plan implemented pursuant to this section no less frequently than once every two (2) years to address new threats. (d) A utility that fails to comply with this section is subject to reasonable sanctions ordered by the commission as described in rule. The fees collected from civil penalties under this section must be remitted to the commission for enforcement of this section. (e) The commission shall enforce this section and may promulgate rules necessary to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (f) The commission shall include with the annual report required under § 65-1-111 , a separate report regarding compliance with this section to the chair of the commerce committee of the house of representatives, the chair of the commerce and labor committee of the senate, the department of safety, and the legislative librarian. The report must include, at a minimum, information on the utilities that have failed to comply with this section. Added by 2022 Tenn. Acts, ch. 1111, s 2, eff. 6/1/2022.
(a) As used in this section: (1) "Commission" means the Tennessee public utilities commission; and (2) "Utility" means a public utility that provides electric, water, wastewater, or natural gas services.
(1) "Commission" means the Tennessee public utilities commission; and
(2) "Utility" means a public utility that provides electric, water, wastewater, or natural gas services.
(b) (1) By July 1, 2023, or within one (1) year after a utility is formed, whichever is later, a utility shall prepare and implement a cyber security plan to provide for the protection of the utility's facilities from unauthorized use, alteration, ransom, or destruction of electronic data. The utility shall annually submit documentation of the utility's compliance with this section to the commission by July 1. (2) The documentation required by this section must be made in writing and under oath by the chief executive officer, president, or other person with an equivalent role of the utility.
(1) By July 1, 2023, or within one (1) year after a utility is formed, whichever is later, a utility shall prepare and implement a cyber security plan to provide for the protection of the utility's facilities from unauthorized use, alteration, ransom, or destruction of electronic data. The utility shall annually submit documentation of the utility's compliance with this section to the commission by July 1.
(2) The documentation required by this section must be made in writing and under oath by the chief executive officer, president, or other person with an equivalent role of the utility.
(c) A utility shall assess and update the cyber security plan implemented pursuant to this section no less frequently than once every two (2) years to address new threats.
(d) A utility that fails to comply with this section is subject to reasonable sanctions ordered by the commission as described in rule. The fees collected from civil penalties under this section must be remitted to the commission for enforcement of this section.
(e) The commission shall enforce this section and may promulgate rules necessary to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f) The commission shall include with the annual report required under § 65-1-111 , a separate report regarding compliance with this section to the chair of the commerce committee of the house of representatives, the chair of the commerce and labor committee of the senate, the department of safety, and the legislative librarian. The report must include, at a minimum, information on the utilities that have failed to comply with this section.
Added by 2022 Tenn. Acts, ch. 1111, s 2, eff. 6/1/2022.
Tenn. Code Ann. § 65-15-108 — TN Code / Title 65 / Chapter 15 / Section 65-15-108
Void and unenforceable covenants, promises, agreements or understandings concerning motor carrier transportation contracts
Status: in_force

(a) A covenant, promise, agreement or understanding in or in connection with or collateral to a motor carrier transportation contract purporting to indemnify the promisee against liability for damages resulting from the negligence of the promisee, the promisee's agents or employees, or indemnitee, is against public policy and is void and unenforceable. (b) Subsection (a) shall not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis, containers or other intermodal equipment. Acts 2008, ch. 636, § 1.
(a) A covenant, promise, agreement or understanding in or in connection with or collateral to a motor carrier transportation contract purporting to indemnify the promisee against liability for damages resulting from the negligence of the promisee, the promisee's agents or employees, or indemnitee, is against public policy and is void and unenforceable.
(b) Subsection (a) shall not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis, containers or other intermodal equipment.
Acts 2008, ch. 636, § 1.
Tenn. Code Ann. § 65-8-101 — TN Code / Title 65 / Chapter 8 / Section 65-8-101
Power to acquire and operate other railroads
Status: in_force

Every railroad corporation in this state, and railroad companies existing under the joint legislation of this and another state or states, and railroad companies incorporated by this, or another or other state or states, whose roads connect with, or intersect each other in this or any other state, and all railroad corporations created in this state, or by virtue of statutes of any other state, ratified and confirmed by the authority of this state, has the power to acquire, by purchase or other lawful contract, and have, hold, use, and operate, any railroad, with its franchises, belonging to any other railroad corporation; and likewise to have, hold, use, and operate any such railroad, with its franchises, which it may have purchased or acquired. Acts 1871, ch. 22, § 1; 1871, ch. 69, § 1; 1875, ch. 51, § 1; 1877, ch. 72, § 1; Shan., § 1509; mod. Code 1932, § 2580; T.C.A. (orig. ed.), § 65-801.
Every railroad corporation in this state, and railroad companies existing under the joint legislation of this and another state or states, and railroad companies incorporated by this, or another or other state or states, whose roads connect with, or intersect each other in this or any other state, and all railroad corporations created in this state, or by virtue of statutes of any other state, ratified and confirmed by the authority of this state, has the power to acquire, by purchase or other lawful contract, and have, hold, use, and operate, any railroad, with its franchises, belonging to any other railroad corporation; and likewise to have, hold, use, and operate any such railroad, with its franchises, which it may have purchased or acquired.
Acts 1871, ch. 22, § 1; 1871, ch. 69, § 1; 1875, ch. 51, § 1; 1877, ch. 72, § 1; Shan., § 1509; mod. Code 1932, § 2580; T.C.A. (orig. ed.), § 65-801.
Tenn. Code Ann. § 65-21-202 — TN Code / Title 65 / Chapter 21 / Section 65-21-202
Obstruction of public ways prohibited
Status: in_force

The ordinary use of such public highways, streets, works, railroads, bridges, trestles, or structures shall not be thereby obstructed, nor the navigation of such waters impeded, and just damages shall be paid to the owners of such lands, railroads, and turnpikes, by reason of the occupation of the lands, railroads, and turnpikes by the telegraph or telephone corporations. Acts 1885, ch. 66, § 1; Shan., § 1831; Code 1932, § 3095; T.C.A. (orig. ed.), § 65-2106.
The ordinary use of such public highways, streets, works, railroads, bridges, trestles, or structures shall not be thereby obstructed, nor the navigation of such waters impeded, and just damages shall be paid to the owners of such lands, railroads, and turnpikes, by reason of the occupation of the lands, railroads, and turnpikes by the telegraph or telephone corporations.
Acts 1885, ch. 66, § 1; Shan., § 1831; Code 1932, § 3095; T.C.A. (orig. ed.), § 65-2106.
Tenn. Code Ann. § 65-21-110 — TN Code / Title 65 / Chapter 21 / Section 65-21-110
Damage to equipment - Impairment of service - Unauthorized connections
Status: in_force

(a) It is unlawful for any person to damage or obstruct any telegraph or telephone poles, wires, fixtures, or other apparatus or appliances, or to impede or impair the service of any telegraph or telephone line; or to connect by wire, or other means, with any such line, so as to hear, or be in a position to hear, messages going over such line or lines, or for the purpose of getting any service over the line or lines, without first procuring the consent of the owner or owners of the line, or the duly authorized agent of same. (b) A violation of this section is a Class C misdemeanor. Acts 1921, ch. 59, §§ 1, 2; Shan. Supp., §§ 1840a4, 1840a5; mod. Code 1932, §§ 3103, 3104; T.C.A. (orig. ed.), §§ 65-2117, 65-2118; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any person to damage or obstruct any telegraph or telephone poles, wires, fixtures, or other apparatus or appliances, or to impede or impair the service of any telegraph or telephone line; or to connect by wire, or other means, with any such line, so as to hear, or be in a position to hear, messages going over such line or lines, or for the purpose of getting any service over the line or lines, without first procuring the consent of the owner or owners of the line, or the duly authorized agent of same.
(b) A violation of this section is a Class C misdemeanor.
Acts 1921, ch. 59, §§ 1, 2; Shan. Supp., §§ 1840a4, 1840a5; mod. Code 1932, §§ 3103, 3104; T.C.A. (orig. ed.), §§ 65-2117, 65-2118; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 65-3-104 — TN Code / Title 65 / Chapter 3 / Section 65-3-104
Power to adopt rules and regulations
Status: in_force

The department of transportation has the power to make all needed rules for its government and for its proceedings, and regulate the mode of all investigations and hearings of railroad companies and other parties before it, and to adopt and enforce such rules and regulations and modes of procedure as it may deem proper for the hearing and determination of all complaints made by any railroad company or other parties; provided, that no person desiring to be present at any such investigation by the department of transportation shall be denied admission. Acts 1897, ch. 10, § 8; 1907, ch. 390, § 2; Shan., § 3059a23; Code 1932, § 5399; T.C.A. (orig. ed.), § 65-304; Acts 1995, ch. 305, § 10.
The department of transportation has the power to make all needed rules for its government and for its proceedings, and regulate the mode of all investigations and hearings of railroad companies and other parties before it, and to adopt and enforce such rules and regulations and modes of procedure as it may deem proper for the hearing and determination of all complaints made by any railroad company or other parties; provided, that no person desiring to be present at any such investigation by the department of transportation shall be denied admission.
Acts 1897, ch. 10, § 8; 1907, ch. 390, § 2; Shan., § 3059a23; Code 1932, § 5399; T.C.A. (orig. ed.), § 65-304; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-8-107 — TN Code / Title 65 / Chapter 8 / Section 65-8-107
Sale under judgment
Status: in_force

Whenever the property and franchises of any railroad are sold, under any judgment, decree, or process from any of the courts of record of this state, for the payment of any debt due from the incorporated company, the purchasers at the sale, or their assignees, may organize into a corporate body, with the right to have, hold, and operate the property and franchises so purchased, with all powers, rights, privileges, and immunities, and subject to all the restrictions, imposed by the original charter, and amendments thereto, of the corporation whose property and franchises have been sold. Acts 1879, ch. 52, § 2; Shan., § 1513a; Code 1932, § 2586; T.C.A. (orig. ed.), § 65-807.
Whenever the property and franchises of any railroad are sold, under any judgment, decree, or process from any of the courts of record of this state, for the payment of any debt due from the incorporated company, the purchasers at the sale, or their assignees, may organize into a corporate body, with the right to have, hold, and operate the property and franchises so purchased, with all powers, rights, privileges, and immunities, and subject to all the restrictions, imposed by the original charter, and amendments thereto, of the corporation whose property and franchises have been sold.
Acts 1879, ch. 52, § 2; Shan., § 1513a; Code 1932, § 2586; T.C.A. (orig. ed.), § 65-807.
Tenn. Code Ann. § 65-3-116 — TN Code / Title 65 / Chapter 3 / Section 65-3-116
Officers or employees testifying exempt from indictment
Status: in_force

No officer, agent, servant, or employee of any such company, who appears and testifies before the department of transportation under this chapter or chapter 5 of this title or in any civil or criminal proceedings instituted by the department of transportation under this chapter or chapter 5 of this title, shall be liable to indictment or presentment for any violation of this chapter or chapter 5 of this title about which such person so testifies. Acts 1897, ch. 10, § 10; Shan., § 3059a33; Code 1932, § 5409; T.C.A. (orig. ed.), § 65-318; Acts 1995, ch. 305, § 10.
No officer, agent, servant, or employee of any such company, who appears and testifies before the department of transportation under this chapter or chapter 5 of this title or in any civil or criminal proceedings instituted by the department of transportation under this chapter or chapter 5 of this title, shall be liable to indictment or presentment for any violation of this chapter or chapter 5 of this title about which such person so testifies.
Acts 1897, ch. 10, § 10; Shan., § 3059a33; Code 1932, § 5409; T.C.A. (orig. ed.), § 65-318; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-31-113 — TN Code / Title 65 / Chapter 31 / Section 65-31-113
Severability
Status: in_force

If any provisions of this chapter or the applicability thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. Acts 1993, ch. 223, § 20.
If any provisions of this chapter or the applicability thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
Acts 1993, ch. 223, § 20.
Tenn. Code Ann. § 65-21-101 — TN Code / Title 65 / Chapter 21 / Section 65-21-101
Special powers of corporations
Status: in_force

Telegraph and telephone corporations may construct a telegraph or telephone line and erect the necessary fixtures along, or over, or under the line of any public highway, the streets of any village, town, or city, across, or over, or under rivers, or any land belonging to the state, or along, across, or under county roads, and also over the lands of private individuals in pursuance of the general law authorizing the condemnation of the easement of right of way for works of internal improvement as set forth in title 29, chapter 16; provided, that the ordinary use of such public highway, streets, or county road be not thereby obstructed or the navigation of such waters impeded. Acts 1875, ch. 142, § 8; 1907, ch. 134, § 1; Shan., § 2444; Code 1932, § 4055; T.C.A. (orig. ed.), § 65-2101.
Telegraph and telephone corporations may construct a telegraph or telephone line and erect the necessary fixtures along, or over, or under the line of any public highway, the streets of any village, town, or city, across, or over, or under rivers, or any land belonging to the state, or along, across, or under county roads, and also over the lands of private individuals in pursuance of the general law authorizing the condemnation of the easement of right of way for works of internal improvement as set forth in title 29, chapter 16; provided, that the ordinary use of such public highway, streets, or county road be not thereby obstructed or the navigation of such waters impeded.
Acts 1875, ch. 142, § 8; 1907, ch. 134, § 1; Shan., § 2444; Code 1932, § 4055; T.C.A. (orig. ed.), § 65-2101.
Tenn. Code Ann. § 65-12-103 — TN Code / Title 65 / Chapter 12 / Section 65-12-103
Violation of Section 65-12-102 is negligence per se
Status: in_force

A violation of § 65-12-102 by any railroad company constitutes negligence per se and in the trial of any causes involving § 65-12-102 , the burden of proof, the issue of proximate cause, and the issue of contributory negligence shall be tried and be applied in the same manner and with the same effect as in the trial of other negligence actions under the common law in this state. Acts 1875, ch. 142, § 6; Shan., § 2421; Code 1932, § 4008; T.C.A. (orig. ed.), § 65-1203.
A violation of § 65-12-102 by any railroad company constitutes negligence per se and in the trial of any causes involving § 65-12-102 , the burden of proof, the issue of proximate cause, and the issue of contributory negligence shall be tried and be applied in the same manner and with the same effect as in the trial of other negligence actions under the common law in this state.
Acts 1875, ch. 142, § 6; Shan., § 2421; Code 1932, § 4008; T.C.A. (orig. ed.), § 65-1203.
Tenn. Code Ann. § 65-25-101 — TN Code / Title 65 / Chapter 25 / Section 65-25-101
Short title - Legislative findings
Status: in_force

(a) This chapter shall be known and may be cited as the "Rural Electric and Community Services Cooperative Act." (b) (1) The general assembly finds that rural electric cooperatives, since their inception fifty (50) years ago, have proved to be ideal business organizations in providing adequate and reliable electric services at reasonable rates throughout the rural communities of Tennessee. There are growing needs and demands for other comparable utility services in Tennessee's rural communities, including the need for television reception and programming services which are already available, for the most part, in the state's urban areas. As proved to be the case in providing electric service in rural communities, it is vital that the area coverage principle be applied in providing other utility services in the more sparsely settled areas of the state. It is, therefore, in the public's best interest that rural electric cooperatives be empowered to provide such services and that new cooperatives may be organized for such purposes. (2) The general assembly finds that unfair and unwelcomed efforts may be made in Tennessee, as they recently have in other states, whereby absentee-owned profit power companies will attempt the acquisition of properties and the take-over of the businesses of rural electric cooperatives, and thereby disrupt Tennessee's long-standing and successful policy of providing rural electric services through nonprofit, cooperative organizations. It is, therefore, in the public's best interest that laws affecting such efforts will provide fair and equitable due process procedures and standards so as to ensure that such acquisitions will not be accomplished if inimical to the best interests of the rural citizens who will be affected. (3) The general assembly further finds that Tennessee statutes currently governing electric cooperatives have not been comprehensively revised since their initial enactment. It is, therefore, in the public interest that cooperative business organizations, their respective members and the rural communities of the state would be better served by updating such statutes to make them more compatible with changed conditions and to appropriately reconcile such statutes with the new Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68. Acts 1988, ch. 689, §§ 1, 2; T.C.A. § 65-25-201 .
(a) This chapter shall be known and may be cited as the "Rural Electric and Community Services Cooperative Act."
(b) (1) The general assembly finds that rural electric cooperatives, since their inception fifty (50) years ago, have proved to be ideal business organizations in providing adequate and reliable electric services at reasonable rates throughout the rural communities of Tennessee. There are growing needs and demands for other comparable utility services in Tennessee's rural communities, including the need for television reception and programming services which are already available, for the most part, in the state's urban areas. As proved to be the case in providing electric service in rural communities, it is vital that the area coverage principle be applied in providing other utility services in the more sparsely settled areas of the state. It is, therefore, in the public's best interest that rural electric cooperatives be empowered to provide such services and that new cooperatives may be organized for such purposes. (2) The general assembly finds that unfair and unwelcomed efforts may be made in Tennessee, as they recently have in other states, whereby absentee-owned profit power companies will attempt the acquisition of properties and the take-over of the businesses of rural electric cooperatives, and thereby disrupt Tennessee's long-standing and successful policy of providing rural electric services through nonprofit, cooperative organizations. It is, therefore, in the public's best interest that laws affecting such efforts will provide fair and equitable due process procedures and standards so as to ensure that such acquisitions will not be accomplished if inimical to the best interests of the rural citizens who will be affected. (3) The general assembly further finds that Tennessee statutes currently governing electric cooperatives have not been comprehensively revised since their initial enactment. It is, therefore, in the public interest that cooperative business organizations, their respective members and the rural communities of the state would be better served by updating such statutes to make them more compatible with changed conditions and to appropriately reconcile such statutes with the new Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68.
(1) The general assembly finds that rural electric cooperatives, since their inception fifty (50) years ago, have proved to be ideal business organizations in providing adequate and reliable electric services at reasonable rates throughout the rural communities of Tennessee. There are growing needs and demands for other comparable utility services in Tennessee's rural communities, including the need for television reception and programming services which are already available, for the most part, in the state's urban areas. As proved to be the case in providing electric service in rural communities, it is vital that the area coverage principle be applied in providing other utility services in the more sparsely settled areas of the state. It is, therefore, in the public's best interest that rural electric cooperatives be empowered to provide such services and that new cooperatives may be organized for such purposes.
(2) The general assembly finds that unfair and unwelcomed efforts may be made in Tennessee, as they recently have in other states, whereby absentee-owned profit power companies will attempt the acquisition of properties and the take-over of the businesses of rural electric cooperatives, and thereby disrupt Tennessee's long-standing and successful policy of providing rural electric services through nonprofit, cooperative organizations. It is, therefore, in the public's best interest that laws affecting such efforts will provide fair and equitable due process procedures and standards so as to ensure that such acquisitions will not be accomplished if inimical to the best interests of the rural citizens who will be affected.
(3) The general assembly further finds that Tennessee statutes currently governing electric cooperatives have not been comprehensively revised since their initial enactment. It is, therefore, in the public interest that cooperative business organizations, their respective members and the rural communities of the state would be better served by updating such statutes to make them more compatible with changed conditions and to appropriately reconcile such statutes with the new Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68.
Acts 1988, ch. 689, §§ 1, 2; T.C.A. § 65-25-201 .
Tenn. Code Ann. § 65-6-207 — TN Code / Title 65 / Chapter 6 / Section 65-6-207
Enforcement
Status: in_force

The department of transportation is directed to enforce compliance with this part; provided, that the commissioner of transportation or the commissioner's designee shall have the power and the duty to prescribe and authorize a vertical or side clearance less than the minimum required in this part in particular cases when, on application therefor, after notice posted at the railroad station nearest the place affected, and after hearing if requested, the department of transportation may find a reasonable necessity or justification for such action; and provided further, that this part shall not apply to temporary forms, supports, falsework, bracing, etc., used only during and in the construction or repair of any underpass or overpass for a street, road or highway. Acts 1949, ch. 178, § 7; C. Supp. 1950, § 2670.7; Acts 1953, ch. 179, § 1; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-629; Acts 1995, ch. 305, § 24.
The department of transportation is directed to enforce compliance with this part; provided, that the commissioner of transportation or the commissioner's designee shall have the power and the duty to prescribe and authorize a vertical or side clearance less than the minimum required in this part in particular cases when, on application therefor, after notice posted at the railroad station nearest the place affected, and after hearing if requested, the department of transportation may find a reasonable necessity or justification for such action; and provided further, that this part shall not apply to temporary forms, supports, falsework, bracing, etc., used only during and in the construction or repair of any underpass or overpass for a street, road or highway.
Acts 1949, ch. 178, § 7; C. Supp. 1950, § 2670.7; Acts 1953, ch. 179, § 1; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-629; Acts 1995, ch. 305, § 24.
Tenn. Code Ann. § 65-3-206 — TN Code / Title 65 / Chapter 3 / Section 65-3-206
Railroads to file statements
Status: in_force

Every such railroad doing business in this state shall file with the department of transportation a statement under oath, in such form and substance as may be prescribed by the department of transportation, setting forth accurately the ton miles operated in the state, together with the total number of Tennessee main line miles for the preceding calendar year. Any such railroad failing to file such statement as required, or failing to give such other information as may be reasonably required of such railroad, commits a Class C misdemeanor for each day of such failure to comply. Acts 1970, ch. 599, § 1(5); T.C.A., § 65-337; Acts 1989, ch. 591, § 113; 1995, ch. 305, § 10.
Every such railroad doing business in this state shall file with the department of transportation a statement under oath, in such form and substance as may be prescribed by the department of transportation, setting forth accurately the ton miles operated in the state, together with the total number of Tennessee main line miles for the preceding calendar year. Any such railroad failing to file such statement as required, or failing to give such other information as may be reasonably required of such railroad, commits a Class C misdemeanor for each day of such failure to comply.
Acts 1970, ch. 599, § 1(5); T.C.A., § 65-337; Acts 1989, ch. 591, § 113; 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-2-101 — TN Code / Title 65 / Chapter 2 / Section 65-2-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Commission" means the Tennessee public utility commission; (2) "Contested case" means all proceedings before the commission in which the legal rights, duties, or privileges of specific parties are determined after a hearing before the commission; provided, that the fixing of rates shall be deemed a contested case rather than a rule-making proceeding; and (3) "Rule" means every regulation, or statement of policy, or interpretation of general application and future effect, including the amendment or repeal thereof, adopted by the commission, whether with or without a prior hearing, to implement or make specific the laws enforced or administered by it, or to govern its organization or procedures, but does not include regulations concerning only the internal management of the commission which do not directly affect the rights or procedures available to the public. Amended by 2017 Tenn. Acts, ch. 94,Secs.s48, s50 eff. 4/4/2017. Acts 1953, ch. 162, § 1 (Williams, § 5501.24); impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-201; Acts 1995, ch. 305, § 9.
As used in this chapter, unless the context otherwise requires:
(1) "Commission" means the Tennessee public utility commission;
(2) "Contested case" means all proceedings before the commission in which the legal rights, duties, or privileges of specific parties are determined after a hearing before the commission; provided, that the fixing of rates shall be deemed a contested case rather than a rule-making proceeding; and
(3) "Rule" means every regulation, or statement of policy, or interpretation of general application and future effect, including the amendment or repeal thereof, adopted by the commission, whether with or without a prior hearing, to implement or make specific the laws enforced or administered by it, or to govern its organization or procedures, but does not include regulations concerning only the internal management of the commission which do not directly affect the rights or procedures available to the public.
Amended by 2017 Tenn. Acts, ch. 94,Secs.s48, s50 eff. 4/4/2017.
Acts 1953, ch. 162, § 1 (Williams, § 5501.24); impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-201; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-30-110 — TN Code / Title 65 / Chapter 30 / Section 65-30-110
Interconnection with land line telephone utility
Status: in_force

Whenever the commission finds that public convenience and necessity require the interconnection of the radio communications facilities of a certificated radio common carrier with the telephone facilities of a land line telephone utility serving all or part of the certificated territory of the radio common carrier, and that such common carrier and land line telephone utility have failed to agree upon such interconnection or the terms and conditions or compensation for the same, the commission may, upon petition of either party, order that such interconnection be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for such interconnection. Acts 1972, ch. 641, § 12; T.C.A., § 65-3012; Acts 1995, ch. 305, § 40.
Whenever the commission finds that public convenience and necessity require the interconnection of the radio communications facilities of a certificated radio common carrier with the telephone facilities of a land line telephone utility serving all or part of the certificated territory of the radio common carrier, and that such common carrier and land line telephone utility have failed to agree upon such interconnection or the terms and conditions or compensation for the same, the commission may, upon petition of either party, order that such interconnection be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for such interconnection.
Acts 1972, ch. 641, § 12; T.C.A., § 65-3012; Acts 1995, ch. 305, § 40.
Tenn. Code Ann. § 65-27-109 — TN Code / Title 65 / Chapter 27 / Section 65-27-109
Pollution of water or reservoir
Status: in_force

It is also unlawful for any person to willfully corrupt or permit anything to run or fall into any stream or reservoir from which the corporation takes water for the purpose of supplying any city, town, or village, or the inhabitants thereof, which will corrupt the same or render it unpalatable, unwholesome, or unfit for use for any purpose for which it may be supplied, or to bathe in or lead any animal into the same. Acts 1909, ch. 127, § 6; Shan., § 2489a8; Code 1932, § 4071; T.C.A. (orig. ed.), § 65-2709.
It is also unlawful for any person to willfully corrupt or permit anything to run or fall into any stream or reservoir from which the corporation takes water for the purpose of supplying any city, town, or village, or the inhabitants thereof, which will corrupt the same or render it unpalatable, unwholesome, or unfit for use for any purpose for which it may be supplied, or to bathe in or lead any animal into the same.
Acts 1909, ch. 127, § 6; Shan., § 2489a8; Code 1932, § 4071; T.C.A. (orig. ed.), § 65-2709.
Tenn. Code Ann. § 65-15-116 — TN Code / Title 65 / Chapter 15 / Section 65-15-116
Passenger transportation services
Status: in_force

(a) Notwithstanding this title or title 7, chapter 51, to the contrary, each for-hire motor carrier providing passenger transportation service in a motor vehicle or motor vehicles designed or constructed to accommodate and transport passengers, eight (8) or more in number, services exclusive of the driver, or any motor vehicle transporting passengers who are TennCare enrollees eligible for such transportation services under TennCare, excluding those vehicles licensed and permitted pursuant to title 68, chapter 140, part 3, shall at a minimum: (1) Maintain a policy of liability insurance in the amount of not less than one million dollars ($1,000,000) in value, which shall bind the obligors under the policy to make compensation for injury to persons and for loss of or damage to property resulting from the negligent operation by the driver, unless the transportation provider is a self insured local government or public transportation provider; (2) Conduct a program of mandatory random drug testing for the operators of its motor vehicles in accordance with regulations promulgated by the United States department of transportation; (3) Require the operators of its motor vehicles to submit to physical examination every two (2) years, in accordance with regulations promulgated by the United States department of transportation; (4) Subject each transportation provider operating in the capacity as a passenger transportation service to an annual safety examination compliance review to be conducted by the department of safety. For purposes of this section, "compliance review" means reviewing: (A) Proof of insurance or self insured status; (B) Employee random drug testing documents; (C) Employee physical examination documents; and (D) Vehicle maintenance records; and (5) Comply with all other requirements deemed necessary to protect the public safety and welfare as specified by the department of safety in its promulgation of rules and regulations to effectuate such purpose. (b) The commissioner of safety is authorized to promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2007, ch. 329, §§ 1, 2; 2009, ch. 321, § 29; 2010, ch. 1013, § 1; 2012, ch. 539, § 1.
(a) Notwithstanding this title or title 7, chapter 51, to the contrary, each for-hire motor carrier providing passenger transportation service in a motor vehicle or motor vehicles designed or constructed to accommodate and transport passengers, eight (8) or more in number, services exclusive of the driver, or any motor vehicle transporting passengers who are TennCare enrollees eligible for such transportation services under TennCare, excluding those vehicles licensed and permitted pursuant to title 68, chapter 140, part 3, shall at a minimum: (1) Maintain a policy of liability insurance in the amount of not less than one million dollars ($1,000,000) in value, which shall bind the obligors under the policy to make compensation for injury to persons and for loss of or damage to property resulting from the negligent operation by the driver, unless the transportation provider is a self insured local government or public transportation provider; (2) Conduct a program of mandatory random drug testing for the operators of its motor vehicles in accordance with regulations promulgated by the United States department of transportation; (3) Require the operators of its motor vehicles to submit to physical examination every two (2) years, in accordance with regulations promulgated by the United States department of transportation; (4) Subject each transportation provider operating in the capacity as a passenger transportation service to an annual safety examination compliance review to be conducted by the department of safety. For purposes of this section, "compliance review" means reviewing: (A) Proof of insurance or self insured status; (B) Employee random drug testing documents; (C) Employee physical examination documents; and (D) Vehicle maintenance records; and (5) Comply with all other requirements deemed necessary to protect the public safety and welfare as specified by the department of safety in its promulgation of rules and regulations to effectuate such purpose.
(1) Maintain a policy of liability insurance in the amount of not less than one million dollars ($1,000,000) in value, which shall bind the obligors under the policy to make compensation for injury to persons and for loss of or damage to property resulting from the negligent operation by the driver, unless the transportation provider is a self insured local government or public transportation provider;
(2) Conduct a program of mandatory random drug testing for the operators of its motor vehicles in accordance with regulations promulgated by the United States department of transportation;
(3) Require the operators of its motor vehicles to submit to physical examination every two (2) years, in accordance with regulations promulgated by the United States department of transportation;
(4) Subject each transportation provider operating in the capacity as a passenger transportation service to an annual safety examination compliance review to be conducted by the department of safety. For purposes of this section, "compliance review" means reviewing: (A) Proof of insurance or self insured status; (B) Employee random drug testing documents; (C) Employee physical examination documents; and (D) Vehicle maintenance records; and
(A) Proof of insurance or self insured status;
(B) Employee random drug testing documents;
(C) Employee physical examination documents; and
(D) Vehicle maintenance records; and
(5) Comply with all other requirements deemed necessary to protect the public safety and welfare as specified by the department of safety in its promulgation of rules and regulations to effectuate such purpose.
(b) The commissioner of safety is authorized to promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2007, ch. 329, §§ 1, 2; 2009, ch. 321, § 29; 2010, ch. 1013, § 1; 2012, ch. 539, § 1.
Tenn. Code Ann. § 65-21-104 — TN Code / Title 65 / Chapter 21 / Section 65-21-104
Consolidation of telephone and electric light companies
Status: in_force

It is lawful for telephone and electric light companies to consolidate into one (1) corporation, or partially consolidate or cooperate in such manner as the respective corporations may determine, with the concurrence of the stockholders of each; but the rights and privileges conferred by this section shall be subject to revocation and repeal. Acts 1883, ch. 232, § 3; Shan., § 2202; mod. Code 1932, § 4059; T.C.A. (orig. ed.), § 65-2104.
It is lawful for telephone and electric light companies to consolidate into one (1) corporation, or partially consolidate or cooperate in such manner as the respective corporations may determine, with the concurrence of the stockholders of each; but the rights and privileges conferred by this section shall be subject to revocation and repeal.
Acts 1883, ch. 232, § 3; Shan., § 2202; mod. Code 1932, § 4059; T.C.A. (orig. ed.), § 65-2104.
Tenn. Code Ann. § 65-27-108 — TN Code / Title 65 / Chapter 27 / Section 65-27-108
Use of company property without contract
Status: in_force

It is also unlawful for any person to take or use any water, or other thing belonging to the company for any purpose without having previously contracted with the company therefor. Acts 1909, ch. 127, § 6; Shan., § 2489a7; mod. Code 1932, §4070; T.C.A. (orig. ed.), § 65-2708.
It is also unlawful for any person to take or use any water, or other thing belonging to the company for any purpose without having previously contracted with the company therefor.
Acts 1909, ch. 127, § 6; Shan., § 2489a7; mod. Code 1932, §4070; T.C.A. (orig. ed.), § 65-2708.
Tenn. Code Ann. § 65-21-201 — TN Code / Title 65 / Chapter 21 / Section 65-21-201
Rights-of-way authorized
Status: in_force

Any person or corporation organized for the purpose of transmitting intelligence by magnetic telegraph or telephone, or other system of transmitting intelligence the equivalent thereof, which may be invented or discovered, may construct, operate, and maintain such telegraph, telephone, or other lines necessary for the speedy transmission of intelligence, along and over the public highways and streets of cities and towns, or across and under the waters, and over any lands or public works belonging to this state, and on and over the lands of private individuals, and upon, along, and parallel to any of the railroads, and on and over the bridges, trestles, or structures of such railroads. Acts 1885, ch. 66, § 1; Shan., § 1830; mod. Code 1932, § 3094; T.C.A. (orig. ed.), § 65-2105.
Any person or corporation organized for the purpose of transmitting intelligence by magnetic telegraph or telephone, or other system of transmitting intelligence the equivalent thereof, which may be invented or discovered, may construct, operate, and maintain such telegraph, telephone, or other lines necessary for the speedy transmission of intelligence, along and over the public highways and streets of cities and towns, or across and under the waters, and over any lands or public works belonging to this state, and on and over the lands of private individuals, and upon, along, and parallel to any of the railroads, and on and over the bridges, trestles, or structures of such railroads.
Acts 1885, ch. 66, § 1; Shan., § 1830; mod. Code 1932, § 3094; T.C.A. (orig. ed.), § 65-2105.
Tenn. Code Ann. § 65-28-110 — TN Code / Title 65 / Chapter 28 / Section 65-28-110
Inspection, control, and supervision fees
Status: in_force

(a) Every public utility engaged in the operation of gas pipeline systems in this state to which this chapter applies, with the exception of those utilities presently paying a fee as provided by chapter 4, part 3 of this title, shall pay to the state, on or before April 1 of each year, a fee for the inspection and supervision of the standards of safety as prescribed by this chapter. The fees collected pursuant to this section shall be used to fund the commission's gas safety inspection program and shall be segregated in an account so designated. (b) Such fee shall be paid by such public utility engaged in the operation of gas pipeline systems in addition to any and all property, franchise, license and other taxes, fees and charges fixed, assessed or charged by law against such utility, but shall not be levied against those utilities paying a fee under chapter 4, part 3 of this title. (c) The amount of such fee is to be measured by the number of active gas meters in service within the service area of each public utility, municipal gas system and gas utility district. Where there are no meters, the fee is to be measured by the number of active services. The fee fixed and assessed against and to be paid by each public utility, municipal gas system, and gas utility district is as follows: (1) (A) A flat rate of one hundred dollars ($100) for all meters in service of up to one hundred fifty-four (154) meters; (B) Sixty-five cents (65¢) for each meter in service from one hundred fifty-five (155) to two thousand (2,000) meters; (C) Fifty cents (50¢) for each meter in service from two thousand one (2,001) to ten thousand (10,000) meters; and (D) Thirty-five cents (35¢) for each meter in service exceeding ten thousand (10,000) in number; or (2) In the case of interstate pipeline companies or systems, or companies or systems having no gross receipts, or no active meters in service, or other service in this state, but traversing the state in its transmission of gas service, the fee is to be assessed at the rate of four dollars seventy-five cents ($4.75) per mile of twenty-four inch (24") equivalent pipeline. (d) In no case shall the fee to be paid be less than one hundred dollars ($100), which will be the minimum inspection fee to be paid by the public utility engaged in the operation of gas pipeline systems subject to such fee and not presently paying a fee as provided in chapter 4, part 3 of this title, nor more than seventy-eight thousand dollars ($78,000), which shall be the maximum paid by such companies; provided, that for a petroleum gas system subject to the Natural Gas Pipeline Safety Act ( 49 U.S.C. § 60101 et seq.), except a system serving ten (10) or more customers from a common tank, the fee shall be twenty dollars ($20.00). (e) The inspection, control and supervision fees provided for in this section shall become due and payable on April 1 of each year. (f) The inspection fees and penalties provided for in this section shall be collected by the commission. Acts 1970, ch. 558, §§ 9-14; 1973, ch. 217, § 2; 1974, ch. 756, § 1; 1976, ch. 686, § 1; T.C.A., §§ 65-2812 -- 65-2817; Acts 1989, ch. 146, §§ 1-3; 1995, ch. 305, §§ 36, 37.
(a) Every public utility engaged in the operation of gas pipeline systems in this state to which this chapter applies, with the exception of those utilities presently paying a fee as provided by chapter 4, part 3 of this title, shall pay to the state, on or before April 1 of each year, a fee for the inspection and supervision of the standards of safety as prescribed by this chapter. The fees collected pursuant to this section shall be used to fund the commission's gas safety inspection program and shall be segregated in an account so designated.
(b) Such fee shall be paid by such public utility engaged in the operation of gas pipeline systems in addition to any and all property, franchise, license and other taxes, fees and charges fixed, assessed or charged by law against such utility, but shall not be levied against those utilities paying a fee under chapter 4, part 3 of this title.
(c) The amount of such fee is to be measured by the number of active gas meters in service within the service area of each public utility, municipal gas system and gas utility district. Where there are no meters, the fee is to be measured by the number of active services. The fee fixed and assessed against and to be paid by each public utility, municipal gas system, and gas utility district is as follows: (1) (A) A flat rate of one hundred dollars ($100) for all meters in service of up to one hundred fifty-four (154) meters; (B) Sixty-five cents (65¢) for each meter in service from one hundred fifty-five (155) to two thousand (2,000) meters; (C) Fifty cents (50¢) for each meter in service from two thousand one (2,001) to ten thousand (10,000) meters; and (D) Thirty-five cents (35¢) for each meter in service exceeding ten thousand (10,000) in number; or (2) In the case of interstate pipeline companies or systems, or companies or systems having no gross receipts, or no active meters in service, or other service in this state, but traversing the state in its transmission of gas service, the fee is to be assessed at the rate of four dollars seventy-five cents ($4.75) per mile of twenty-four inch (24") equivalent pipeline.
(1) (A) A flat rate of one hundred dollars ($100) for all meters in service of up to one hundred fifty-four (154) meters; (B) Sixty-five cents (65¢) for each meter in service from one hundred fifty-five (155) to two thousand (2,000) meters; (C) Fifty cents (50¢) for each meter in service from two thousand one (2,001) to ten thousand (10,000) meters; and (D) Thirty-five cents (35¢) for each meter in service exceeding ten thousand (10,000) in number; or
(A) A flat rate of one hundred dollars ($100) for all meters in service of up to one hundred fifty-four (154) meters;
(B) Sixty-five cents (65¢) for each meter in service from one hundred fifty-five (155) to two thousand (2,000) meters;
(C) Fifty cents (50¢) for each meter in service from two thousand one (2,001) to ten thousand (10,000) meters; and
(D) Thirty-five cents (35¢) for each meter in service exceeding ten thousand (10,000) in number; or
(2) In the case of interstate pipeline companies or systems, or companies or systems having no gross receipts, or no active meters in service, or other service in this state, but traversing the state in its transmission of gas service, the fee is to be assessed at the rate of four dollars seventy-five cents ($4.75) per mile of twenty-four inch (24") equivalent pipeline.
(d) In no case shall the fee to be paid be less than one hundred dollars ($100), which will be the minimum inspection fee to be paid by the public utility engaged in the operation of gas pipeline systems subject to such fee and not presently paying a fee as provided in chapter 4, part 3 of this title, nor more than seventy-eight thousand dollars ($78,000), which shall be the maximum paid by such companies; provided, that for a petroleum gas system subject to the Natural Gas Pipeline Safety Act ( 49 U.S.C. § 60101 et seq.), except a system serving ten (10) or more customers from a common tank, the fee shall be twenty dollars ($20.00).
(e) The inspection, control and supervision fees provided for in this section shall become due and payable on April 1 of each year.
(f) The inspection fees and penalties provided for in this section shall be collected by the commission.
Acts 1970, ch. 558, §§ 9-14; 1973, ch. 217, § 2; 1974, ch. 756, § 1; 1976, ch. 686, § 1; T.C.A., §§ 65-2812 -- 65-2817; Acts 1989, ch. 146, §§ 1-3; 1995, ch. 305, §§ 36, 37.
Tenn. Code Ann. § 65-2-109 — TN Code / Title 65 / Chapter 2 / Section 65-2-109
Rules of evidence - Judicial notice - Burden of proof
Status: in_force

In all contested cases: (1) The commission shall not be bound by the rules of evidence applicable in a court, but it may admit and give probative effect to any evidence which possesses such probative value as would entitle it to be accepted by reasonably prudent persons in the conduct of their affairs; provided, that the commission shall give effect to the rules of privilege recognized by law; and provided further, that the commission may exclude incompetent, irrelevant, immaterial or unduly repetitious evidence; (2) All evidence, including records and documents in the possession of the commission of which it desires to avail itself, shall be offered and made a part of the record in the case, and no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference; (3) Every party shall have the right of cross-examination of witnesses who testify, and shall have the right to submit rebuttal evidence; (4) The commission may take notice of judicially cognizable facts and, in addition, may take notice of general, technical, or scientific facts within its specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noted. The commission may utilize its experience, technical competence, and specialized knowledge in the evaluation of evidence presented to it; and (5) The burden of proof shall be on the party or parties asserting the affirmative of an issue; provided, that when the commission has issued a show cause order pursuant to this chapter, the burden of proof shall be on the parties thus directed to show cause. Acts 1953, ch. 162, § 10 (Williams, § 5501.33); T.C.A. (orig. ed.), § 65-209; Acts 1995, ch. 305, § 9.
In all contested cases:
(1) The commission shall not be bound by the rules of evidence applicable in a court, but it may admit and give probative effect to any evidence which possesses such probative value as would entitle it to be accepted by reasonably prudent persons in the conduct of their affairs; provided, that the commission shall give effect to the rules of privilege recognized by law; and provided further, that the commission may exclude incompetent, irrelevant, immaterial or unduly repetitious evidence;
(2) All evidence, including records and documents in the possession of the commission of which it desires to avail itself, shall be offered and made a part of the record in the case, and no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference;
(3) Every party shall have the right of cross-examination of witnesses who testify, and shall have the right to submit rebuttal evidence;
(4) The commission may take notice of judicially cognizable facts and, in addition, may take notice of general, technical, or scientific facts within its specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noted. The commission may utilize its experience, technical competence, and specialized knowledge in the evaluation of evidence presented to it; and
(5) The burden of proof shall be on the party or parties asserting the affirmative of an issue; provided, that when the commission has issued a show cause order pursuant to this chapter, the burden of proof shall be on the parties thus directed to show cause.
Acts 1953, ch. 162, § 10 (Williams, § 5501.33); T.C.A. (orig. ed.), § 65-209; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-20-103 — TN Code / Title 65 / Chapter 20 / Section 65-20-103
Claims for lost or damaged freight and overcharges
Status: in_force

(a) All common carriers operating in this state are required to settle all claims for lost or damaged freight and overcharges on freight for which they are liable within a reasonable time, to wit: (1) Freight lost or damaged and overcharges on freight between two (2) given points on same line or system shall be paid within sixty (60) days from the filing of written notice with the agent of the company at the point of destination of the freight of the loss or damage thereof; and (2) Where freight is handled by two (2) or more carriers, roads or systems of roads, and the same is lost or damaged or an overcharge made, such claim shall be paid within ninety (90) days from the filing of written notice with the agent of the railroad company at the point of shipment or destination of the freight, by the consignor or consignee, of the loss or damage thereof or overcharge thereon; provided, that this section shall only apply to claims against such common carriers where the amount claimed is fifty dollars ($50.00) or less. (b) Persons engaged as common carriers, in all cases where they fail to pay the claim mentioned in subsection (a) within sixty (60) or ninety (90) days, as the case may be, after notice filed as specified in subsection (a), shall be required to pay the owner of the freight, in addition to the loss and interest thereon, twenty-five percent (25%) of the amount recovered for the loss; provided, that the penalty shall not apply when it shall appear to the court trying the case that the common carrier has tendered within the time specified to the claimant an amount of money sufficient to cover the loss for which the common carrier is held to be liable. Acts 1907, ch. 235, §§ 1, 2; Shan., §§ 3600a4, 3600a5; Code 1932, §§ 6689, 6690; T.C.A. (orig. ed.), §§ 65-2008, 65-2009.
(a) All common carriers operating in this state are required to settle all claims for lost or damaged freight and overcharges on freight for which they are liable within a reasonable time, to wit: (1) Freight lost or damaged and overcharges on freight between two (2) given points on same line or system shall be paid within sixty (60) days from the filing of written notice with the agent of the company at the point of destination of the freight of the loss or damage thereof; and (2) Where freight is handled by two (2) or more carriers, roads or systems of roads, and the same is lost or damaged or an overcharge made, such claim shall be paid within ninety (90) days from the filing of written notice with the agent of the railroad company at the point of shipment or destination of the freight, by the consignor or consignee, of the loss or damage thereof or overcharge thereon; provided, that this section shall only apply to claims against such common carriers where the amount claimed is fifty dollars ($50.00) or less.
(1) Freight lost or damaged and overcharges on freight between two (2) given points on same line or system shall be paid within sixty (60) days from the filing of written notice with the agent of the company at the point of destination of the freight of the loss or damage thereof; and
(2) Where freight is handled by two (2) or more carriers, roads or systems of roads, and the same is lost or damaged or an overcharge made, such claim shall be paid within ninety (90) days from the filing of written notice with the agent of the railroad company at the point of shipment or destination of the freight, by the consignor or consignee, of the loss or damage thereof or overcharge thereon; provided, that this section shall only apply to claims against such common carriers where the amount claimed is fifty dollars ($50.00) or less.
provided, that this section shall only apply to claims against such common carriers where the amount claimed is fifty dollars ($50.00) or less.
(b) Persons engaged as common carriers, in all cases where they fail to pay the claim mentioned in subsection (a) within sixty (60) or ninety (90) days, as the case may be, after notice filed as specified in subsection (a), shall be required to pay the owner of the freight, in addition to the loss and interest thereon, twenty-five percent (25%) of the amount recovered for the loss; provided, that the penalty shall not apply when it shall appear to the court trying the case that the common carrier has tendered within the time specified to the claimant an amount of money sufficient to cover the loss for which the common carrier is held to be liable.
Acts 1907, ch. 235, §§ 1, 2; Shan., §§ 3600a4, 3600a5; Code 1932, §§ 6689, 6690; T.C.A. (orig. ed.), §§ 65-2008, 65-2009.
Tenn. Code Ann. § 65-3-106 — TN Code / Title 65 / Chapter 3 / Section 65-3-106
Information concerning company affairs
Status: in_force

(a) The department of transportation shall inform itself fully and thoroughly in regard to the affairs of every company doing business in this state, and under its jurisdiction. It shall cause to be prepared suitable blanks with questions calculated to elicit all information concerning same, and, as often as may be necessary, furnish the blanks to each such company. (b) Each company receiving from the department of transportation any such blanks shall cause the same to be properly filled out, so as to answer fully and correctly each question therein propounded, and in case such company is unable to answer any question, it shall give a satisfactory reason for its failure, and the answer, duly sworn to by the proper officer of the company, shall be returned to the department of transportation at its office in Nashville within thirty (30) days from the receipt of same. Acts 1897, ch. 10, § 8; Shan., §§ 3059a24, 3059a25; Code 1932, §§ 5400, 5401; T.C.A. (orig. ed.), §§ 65-306, 65-307; Acts 1995, ch. 305, § 10.
(a) The department of transportation shall inform itself fully and thoroughly in regard to the affairs of every company doing business in this state, and under its jurisdiction. It shall cause to be prepared suitable blanks with questions calculated to elicit all information concerning same, and, as often as may be necessary, furnish the blanks to each such company.
(b) Each company receiving from the department of transportation any such blanks shall cause the same to be properly filled out, so as to answer fully and correctly each question therein propounded, and in case such company is unable to answer any question, it shall give a satisfactory reason for its failure, and the answer, duly sworn to by the proper officer of the company, shall be returned to the department of transportation at its office in Nashville within thirty (30) days from the receipt of same.
Acts 1897, ch. 10, § 8; Shan., §§ 3059a24, 3059a25; Code 1932, §§ 5400, 5401; T.C.A. (orig. ed.), §§ 65-306, 65-307; Acts 1995, ch. 305, § 10.