Tenn. Code Ann. § 65-31-108 — TN Code / Title 65 / Chapter 31 / Section 65-31-108
Response to notice of intent to excavate or demolish
Status: in_force

(a) (1) (A) Each operator notified in accordance with § 65-31-106 shall stake or otherwise mark, prior to the noticed time of the proposed excavation or demolition, the surface of the tract or parcel of land affected by the excavation or demolition to indicate the approximate location of all its underground utilities that may be damaged as a result of the excavation or demolition. The operator shall not charge the person giving notice to the one-call service, the excavator, or property owner for the marking of its facilities. However, an operator may recover the costs of the marking of its facilities from customers in an appropriate ratemaking procedure. The operator shall not be required to indicate the depth of any such utility, but only the approximate ground location under which the utility is located. Such staking or other marking shall utilize the following color code: (i) SAFETY RED shall be used to mark electric power distribution and transmission facilities; (ii) HIGH VISIBILITY SAFETY YELLOW shall be used to mark gas and oil distribution and transmission facilities; (iii) SAFETY ALERT ORANGE shall be used to mark telephone, telegraph, cable television, video, and other telecommunications facilities; (iv) SAFETY PRECAUTION BLUE shall be used to mark water systems facilities; (v) SAFETY GREEN shall be used to mark sewer systems facilities; and (vi) SAFETY PURPLE shall be used to mark reclaimed water. (B) In the event more than one (1) operator uses the same color code under subdivision (a)(1)(A), each operator using the same color shall include a distinctive marking, such as the initials of the operator's name or other marking, that appropriately identifies each operator and sufficiently distinguishes each operator's marking from any other operator authorized to use the same color under subdivision (a)(1)(A). (2) Notwithstanding subdivision (a)(1), the underground utility damage enforcement board may establish, by rule, best practices for uniform color code and marking consistent with this part. The rules may include stakes, flags, non-permanent paint, or other low impact marking practices. Rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (3) Notwithstanding any law to the contrary, marking methods established by subdivisions (a)(1) and (2) shall be the methods of marking underground facilities in this state. (b) Each operator participating in a one-call service that has been notified in accordance with § 65-31-106 shall notify the one-call service that the operator has marked the approximate location of all of its underground utilities as required by this section or that the operator has no underground utilities in the proposed area of excavation. The operator shall provide this notice to the one-call service in accordance with procedures adopted by the one-call service for this notification. This notice shall fulfill the operator's obligation set forth in subsection (e). When each operator notified in accordance with § 65-31-106 has notified the one-call service that its underground utilities in the proposed area of excavation have been marked or that the operator has no underground utilities in the proposed area of excavation, the person responsible for the excavation or demolition may immediately proceed with the excavation or demolition, notwithstanding the minimum three-working-day notice requirement before excavation or demolition can begin set forth in § 65-31-106(a) . (c) An excavator shall exercise reasonable care to avoid damage caused by an excavation or demolition within the safety zone around the marked location of the underground utilities by hand digging when practical, utilizing pneumatic hand tools, or utilizing mechanical or technical methods approved by the facility owner or operator. Hand digging and noninvasive methods are not required for removal of pavement or concrete. As used in this subsection (c), "safety zone" means a strip of land at least four feet (4') wide, but not wider than the width of the utility plus two feet (2') on either side of the utility. (d) If, upon arrival at the site of a proposed excavation, the excavator observes clear evidence of the presence of an unmarked utility in the area of the proposed excavation, the excavator shall not begin excavating until an additional notice is made to the one-call. The excavator may then proceed, exercising reasonable care to avoid damage to the utility which may be caused by such excavation or demolition. (e) If no facilities exist in the tract or parcel of land, the operators shall make a reasonable effort to so advise the individual who initiated the request, provided the request is received in accordance with § 65-31-106 . (f) The approximate location of underground utilities does not include a designation of location as to depth below the surface of the ground. Excavators must use reasonable care to ascertain for themselves the exact depth of the underground utilities below the surface of the ground. If, after so ascertaining, the excavator learns that its excavation or demolition is likely to interfere with the operation of the underground utility facilities, it must again notify the affected operator of such underground utility facilities and reasonably cooperate with the operator of the underground utility facilities to conduct its excavation or demolition in such a way that the operations of the underground utility facilities are not disturbed or the affected underground utility facilities are placed out of the way of the proposed excavation or demolition. (g) Each operator notified in accordance with § 65-31-109 , shall within two (2) hours stake or otherwise mark, utilizing the color code set forth in subsection (a), the surface of the tract or parcel of land affected by the excavation or demolition to indicate the approximate location of all its underground utilities that may be damaged as a result of the excavation or demolition. (h) Notwithstanding the requirements of subsection (g), an excavator submitting a notice of emergency excavation or demolition in accordance with § 65-31-109 may provide information that operator response is not required within two (2) hours and provide an alternate emergency operator response time that is more than two (2) hours and less than seventy-two (72) hours. In such circumstances, the operator receiving such notice shall respond before the emergency operator response time submitted in the notice. (i) Any contract locator acting on behalf of an operator is subject to this section. Amended by 2024 Tenn. Acts, ch. 628,s 5, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 307, s 5, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 307, s 4, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 716, Secs.s 1, s 6eff. 4/12/2018. Acts 1978, ch. 692, § 8; T.C.A., § 65-3208; Acts 1993, ch. 223, § 14; 1999, ch. 73, §4; 2006, ch. 686, §§ 7, 8.
(a) (1) (A) Each operator notified in accordance with § 65-31-106 shall stake or otherwise mark, prior to the noticed time of the proposed excavation or demolition, the surface of the tract or parcel of land affected by the excavation or demolition to indicate the approximate location of all its underground utilities that may be damaged as a result of the excavation or demolition. The operator shall not charge the person giving notice to the one-call service, the excavator, or property owner for the marking of its facilities. However, an operator may recover the costs of the marking of its facilities from customers in an appropriate ratemaking procedure. The operator shall not be required to indicate the depth of any such utility, but only the approximate ground location under which the utility is located. Such staking or other marking shall utilize the following color code: (i) SAFETY RED shall be used to mark electric power distribution and transmission facilities; (ii) HIGH VISIBILITY SAFETY YELLOW shall be used to mark gas and oil distribution and transmission facilities; (iii) SAFETY ALERT ORANGE shall be used to mark telephone, telegraph, cable television, video, and other telecommunications facilities; (iv) SAFETY PRECAUTION BLUE shall be used to mark water systems facilities; (v) SAFETY GREEN shall be used to mark sewer systems facilities; and (vi) SAFETY PURPLE shall be used to mark reclaimed water. (B) In the event more than one (1) operator uses the same color code under subdivision (a)(1)(A), each operator using the same color shall include a distinctive marking, such as the initials of the operator's name or other marking, that appropriately identifies each operator and sufficiently distinguishes each operator's marking from any other operator authorized to use the same color under subdivision (a)(1)(A). (2) Notwithstanding subdivision (a)(1), the underground utility damage enforcement board may establish, by rule, best practices for uniform color code and marking consistent with this part. The rules may include stakes, flags, non-permanent paint, or other low impact marking practices. Rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (3) Notwithstanding any law to the contrary, marking methods established by subdivisions (a)(1) and (2) shall be the methods of marking underground facilities in this state.
(1) (A) Each operator notified in accordance with § 65-31-106 shall stake or otherwise mark, prior to the noticed time of the proposed excavation or demolition, the surface of the tract or parcel of land affected by the excavation or demolition to indicate the approximate location of all its underground utilities that may be damaged as a result of the excavation or demolition. The operator shall not charge the person giving notice to the one-call service, the excavator, or property owner for the marking of its facilities. However, an operator may recover the costs of the marking of its facilities from customers in an appropriate ratemaking procedure. The operator shall not be required to indicate the depth of any such utility, but only the approximate ground location under which the utility is located. Such staking or other marking shall utilize the following color code: (i) SAFETY RED shall be used to mark electric power distribution and transmission facilities; (ii) HIGH VISIBILITY SAFETY YELLOW shall be used to mark gas and oil distribution and transmission facilities; (iii) SAFETY ALERT ORANGE shall be used to mark telephone, telegraph, cable television, video, and other telecommunications facilities; (iv) SAFETY PRECAUTION BLUE shall be used to mark water systems facilities; (v) SAFETY GREEN shall be used to mark sewer systems facilities; and (vi) SAFETY PURPLE shall be used to mark reclaimed water. (B) In the event more than one (1) operator uses the same color code under subdivision (a)(1)(A), each operator using the same color shall include a distinctive marking, such as the initials of the operator's name or other marking, that appropriately identifies each operator and sufficiently distinguishes each operator's marking from any other operator authorized to use the same color under subdivision (a)(1)(A).
(A) Each operator notified in accordance with § 65-31-106 shall stake or otherwise mark, prior to the noticed time of the proposed excavation or demolition, the surface of the tract or parcel of land affected by the excavation or demolition to indicate the approximate location of all its underground utilities that may be damaged as a result of the excavation or demolition. The operator shall not charge the person giving notice to the one-call service, the excavator, or property owner for the marking of its facilities. However, an operator may recover the costs of the marking of its facilities from customers in an appropriate ratemaking procedure. The operator shall not be required to indicate the depth of any such utility, but only the approximate ground location under which the utility is located. Such staking or other marking shall utilize the following color code: (i) SAFETY RED shall be used to mark electric power distribution and transmission facilities; (ii) HIGH VISIBILITY SAFETY YELLOW shall be used to mark gas and oil distribution and transmission facilities; (iii) SAFETY ALERT ORANGE shall be used to mark telephone, telegraph, cable television, video, and other telecommunications facilities; (iv) SAFETY PRECAUTION BLUE shall be used to mark water systems facilities; (v) SAFETY GREEN shall be used to mark sewer systems facilities; and (vi) SAFETY PURPLE shall be used to mark reclaimed water.
(i) SAFETY RED shall be used to mark electric power distribution and transmission facilities;
(ii) HIGH VISIBILITY SAFETY YELLOW shall be used to mark gas and oil distribution and transmission facilities;
(iii) SAFETY ALERT ORANGE shall be used to mark telephone, telegraph, cable television, video, and other telecommunications facilities;
(iv) SAFETY PRECAUTION BLUE shall be used to mark water systems facilities;
(v) SAFETY GREEN shall be used to mark sewer systems facilities; and
(vi) SAFETY PURPLE shall be used to mark reclaimed water.
(B) In the event more than one (1) operator uses the same color code under subdivision (a)(1)(A), each operator using the same color shall include a distinctive marking, such as the initials of the operator's name or other marking, that appropriately identifies each operator and sufficiently distinguishes each operator's marking from any other operator authorized to use the same color under subdivision (a)(1)(A).
(2) Notwithstanding subdivision (a)(1), the underground utility damage enforcement board may establish, by rule, best practices for uniform color code and marking consistent with this part. The rules may include stakes, flags, non-permanent paint, or other low impact marking practices. Rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(3) Notwithstanding any law to the contrary, marking methods established by subdivisions (a)(1) and (2) shall be the methods of marking underground facilities in this state.
(b) Each operator participating in a one-call service that has been notified in accordance with § 65-31-106 shall notify the one-call service that the operator has marked the approximate location of all of its underground utilities as required by this section or that the operator has no underground utilities in the proposed area of excavation. The operator shall provide this notice to the one-call service in accordance with procedures adopted by the one-call service for this notification. This notice shall fulfill the operator's obligation set forth in subsection (e). When each operator notified in accordance with § 65-31-106 has notified the one-call service that its underground utilities in the proposed area of excavation have been marked or that the operator has no underground utilities in the proposed area of excavation, the person responsible for the excavation or demolition may immediately proceed with the excavation or demolition, notwithstanding the minimum three-working-day notice requirement before excavation or demolition can begin set forth in § 65-31-106(a) .
(c) An excavator shall exercise reasonable care to avoid damage caused by an excavation or demolition within the safety zone around the marked location of the underground utilities by hand digging when practical, utilizing pneumatic hand tools, or utilizing mechanical or technical methods approved by the facility owner or operator. Hand digging and noninvasive methods are not required for removal of pavement or concrete. As used in this subsection (c), "safety zone" means a strip of land at least four feet (4') wide, but not wider than the width of the utility plus two feet (2') on either side of the utility.
(d) If, upon arrival at the site of a proposed excavation, the excavator observes clear evidence of the presence of an unmarked utility in the area of the proposed excavation, the excavator shall not begin excavating until an additional notice is made to the one-call. The excavator may then proceed, exercising reasonable care to avoid damage to the utility which may be caused by such excavation or demolition.
(e) If no facilities exist in the tract or parcel of land, the operators shall make a reasonable effort to so advise the individual who initiated the request, provided the request is received in accordance with § 65-31-106 .
(f) The approximate location of underground utilities does not include a designation of location as to depth below the surface of the ground. Excavators must use reasonable care to ascertain for themselves the exact depth of the underground utilities below the surface of the ground. If, after so ascertaining, the excavator learns that its excavation or demolition is likely to interfere with the operation of the underground utility facilities, it must again notify the affected operator of such underground utility facilities and reasonably cooperate with the operator of the underground utility facilities to conduct its excavation or demolition in such a way that the operations of the underground utility facilities are not disturbed or the affected underground utility facilities are placed out of the way of the proposed excavation or demolition.
(g) Each operator notified in accordance with § 65-31-109 , shall within two (2) hours stake or otherwise mark, utilizing the color code set forth in subsection (a), the surface of the tract or parcel of land affected by the excavation or demolition to indicate the approximate location of all its underground utilities that may be damaged as a result of the excavation or demolition.
(h) Notwithstanding the requirements of subsection (g), an excavator submitting a notice of emergency excavation or demolition in accordance with § 65-31-109 may provide information that operator response is not required within two (2) hours and provide an alternate emergency operator response time that is more than two (2) hours and less than seventy-two (72) hours. In such circumstances, the operator receiving such notice shall respond before the emergency operator response time submitted in the notice.
(i) Any contract locator acting on behalf of an operator is subject to this section.
Amended by 2024 Tenn. Acts, ch. 628,s 5, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 307, s 5, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 307, s 4, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 716, Secs.s 1, s 6eff. 4/12/2018.
Acts 1978, ch. 692, § 8; T.C.A., § 65-3208; Acts 1993, ch. 223, § 14; 1999, ch. 73, §4; 2006, ch. 686, §§ 7, 8.
Tenn. Code Ann. § 65-26-105 — TN Code / Title 65 / Chapter 26 / Section 65-26-105
Condemnation
Status: in_force

The corporation shall have the power of condemnation granted to electric companies in § 65-22-101 . Code 1932, § 3964; T.C.A. (orig. ed.), § 65-2605.
The corporation shall have the power of condemnation granted to electric companies in § 65-22-101 .
Code 1932, § 3964; T.C.A. (orig. ed.), § 65-2605.
Tenn. Code Ann. § 65-34-102 — TN Code / Title 65 / Chapter 34 / Section 65-34-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Current geographic territory" means the parcels of land, as such parcels are defined or designated by the assessor of property of the county in which the parcels are located, to which a public electric system was providing electric service on February 16, 1989. In any case in which more than one (1) public electric system was providing electric service to a parcel of land on such date, the parcel shall be included within the current geographic territory of the public electric system that first provided electric service to such parcel. Should a public electric system enter into an agreement authorized by § 65-34-108 , the current geographic territory of that public electric system shall be modified as provided in that agreement; (2) "Electric and community service cooperative" has the meaning set forth in § 65-25-102(4) ; (3) "Municipal electric system" means any electric system owned by any county, municipality, power district, or other subdivision of Tennessee; (4) "Non-consumer owned electric system" means any public electric system other than electric and community service cooperatives and municipal electric systems; and (5) "Public electric system" includes electric and community service cooperatives, municipal electric systems, and every individual, co-partnership, association, corporation or joint stock company, their lessees, trustees or receivers, appointed by any court whatsoever, that own, operate, manage, or control any electric power system, plant, or equipment within Tennessee affected by and dedicated to public use. Acts 1989, ch. 230, § 2.
As used in this chapter, unless the context otherwise requires:
(1) "Current geographic territory" means the parcels of land, as such parcels are defined or designated by the assessor of property of the county in which the parcels are located, to which a public electric system was providing electric service on February 16, 1989. In any case in which more than one (1) public electric system was providing electric service to a parcel of land on such date, the parcel shall be included within the current geographic territory of the public electric system that first provided electric service to such parcel. Should a public electric system enter into an agreement authorized by § 65-34-108 , the current geographic territory of that public electric system shall be modified as provided in that agreement;
(2) "Electric and community service cooperative" has the meaning set forth in § 65-25-102(4) ;
(3) "Municipal electric system" means any electric system owned by any county, municipality, power district, or other subdivision of Tennessee;
(4) "Non-consumer owned electric system" means any public electric system other than electric and community service cooperatives and municipal electric systems; and
(5) "Public electric system" includes electric and community service cooperatives, municipal electric systems, and every individual, co-partnership, association, corporation or joint stock company, their lessees, trustees or receivers, appointed by any court whatsoever, that own, operate, manage, or control any electric power system, plant, or equipment within Tennessee affected by and dedicated to public use.
Acts 1989, ch. 230, § 2.
Tenn. Code Ann. § 65-6-134 — TN Code / Title 65 / Chapter 6 / Section 65-6-134
Locomotive engineer's operator permit
Status: in_force

Every company, association, person or other entity which employs or permits any person to operate a railroad locomotive shall issue to such person an engineer's operator permit. Such permit shall include the engineer's name, address, description, date of birth and a certification that such person is qualified as a locomotive engineer. Acts 1980, ch. 542, § 2; T.C.A., § 65-655.
Every company, association, person or other entity which employs or permits any person to operate a railroad locomotive shall issue to such person an engineer's operator permit. Such permit shall include the engineer's name, address, description, date of birth and a certification that such person is qualified as a locomotive engineer.
Acts 1980, ch. 542, § 2; T.C.A., § 65-655.
Tenn. Code Ann. § 65-29-110 — TN Code / Title 65 / Chapter 29 / Section 65-29-110
Initiative by members
Status: in_force

(a) Notwithstanding any other provision of this chapter, any proposition embodied in a petition signed by not less than ten percent (10%) of all members of the cooperative, together with any document submitted with such petition to give effect to the proposition, shall be submitted to the members of a cooperative either at a special meeting of the members held within forty-five (45) days after the presentation of such petition to the board of directors, or, if the date of the next annual meeting of members falls within ninety (90) days after such presentation or if the petition so requests, at such annual meeting. (b) The approval of the board of directors shall not be required in respect of any proposition or document submitted to the members pursuant to this section and approved by them, but such proposition or document shall be subject to all other applicable provisions of this chapter. (c) Any affidavit or affidavits required to be filed with any such document pursuant to applicable provisions of this chapter shall, in such case, be modified to show compliance with this section. Acts 1961, ch. 330, § 17; T.C.A., § 65-2910.
(a) Notwithstanding any other provision of this chapter, any proposition embodied in a petition signed by not less than ten percent (10%) of all members of the cooperative, together with any document submitted with such petition to give effect to the proposition, shall be submitted to the members of a cooperative either at a special meeting of the members held within forty-five (45) days after the presentation of such petition to the board of directors, or, if the date of the next annual meeting of members falls within ninety (90) days after such presentation or if the petition so requests, at such annual meeting.
(b) The approval of the board of directors shall not be required in respect of any proposition or document submitted to the members pursuant to this section and approved by them, but such proposition or document shall be subject to all other applicable provisions of this chapter.
(c) Any affidavit or affidavits required to be filed with any such document pursuant to applicable provisions of this chapter shall, in such case, be modified to show compliance with this section.
Acts 1961, ch. 330, § 17; T.C.A., § 65-2910.
Tenn. Code Ann. § 65-19-103 — TN Code / Title 65 / Chapter 19 / Section 65-19-103
Bond required
Status: in_force

Any such common carrier, before operating any public conveyance as aforementioned, in addition to obtaining such a permit or license, shall execute to the state and file with the county clerk of the county in which the business is to be carried on, and renew or increase from time to time as may be required by such city or town, a bond with good and sufficient surety or sureties, to be approved by the mayor of such incorporated city or town, in such sum as such city or town may reasonably demand, in no case, however, in a sum less than five thousand dollars ($5,000) for each car operated, conditioned that such common carrier will pay any damage that may be adjudged finally against such carrier as compensation for loss of life or injury to person or property inflicted by such carrier or caused by the negligence of the carrier. Acts 1915, ch. 60, § 3; Shan., § 3079a201; Code 1932, § 5535; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 65-1903.
Any such common carrier, before operating any public conveyance as aforementioned, in addition to obtaining such a permit or license, shall execute to the state and file with the county clerk of the county in which the business is to be carried on, and renew or increase from time to time as may be required by such city or town, a bond with good and sufficient surety or sureties, to be approved by the mayor of such incorporated city or town, in such sum as such city or town may reasonably demand, in no case, however, in a sum less than five thousand dollars ($5,000) for each car operated, conditioned that such common carrier will pay any damage that may be adjudged finally against such carrier as compensation for loss of life or injury to person or property inflicted by such carrier or caused by the negligence of the carrier.
Acts 1915, ch. 60, § 3; Shan., § 3079a201; Code 1932, § 5535; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 65-1903.
Tenn. Code Ann. § 65-2-114 — TN Code / Title 65 / Chapter 2 / Section 65-2-114
Petitions for rehearing in contested cases
Status: in_force

Any party to a contested case who deems to be aggrieved by a final order of the commission and who desires to have the same modified or set aside may within fifteen (15) days after the entry of such order file with the commission a written petition for rehearing, which shall specify in detail the grounds for the relief sought in the petition and authorities in support. Acts 1953, ch. 162, § 13 (Williams, § 5501.36); T.C.A. (orig. ed.), § 65-214; Acts 1995, ch. 305, § 9.
Any party to a contested case who deems to be aggrieved by a final order of the commission and who desires to have the same modified or set aside may within fifteen (15) days after the entry of such order file with the commission a written petition for rehearing, which shall specify in detail the grounds for the relief sought in the petition and authorities in support.
Acts 1953, ch. 162, § 13 (Williams, § 5501.36); T.C.A. (orig. ed.), § 65-214; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-11-101 — TN Code / Title 65 / Chapter 11 / Section 65-11-101
Construction and repair
Status: in_force

(a) All persons, or corporations, owning or operating a railroad in this state, are required to make and furnish good and sufficient crossings on the public highways crossed by them, and keep such crossings in lawful repair at their own expense. (b) (1) Subsection (a) shall not preclude construction, reconstruction, improvement or repair of crossings, through financial participation of the state or local government with a railroad authority established by law, when accomplished by contract with an independent contractor, or when such work will be performed by employees of a local government acting under direct supervision and total control of a railroad authority or its agent. (2) For liability purposes, when employees of a local government are working under the control of a railroad authority, such employees shall not be treated as employees of the local government, but instead shall be treated as employees of the railroad authority exercising control of the employees. (c) (1) Notwithstanding subsections (a) or (b) to the contrary, after July 1, 2001, no public railroad grade crossing shall be constructed and no private crossing shall be converted to a public crossing without the entity desiring the crossing or the conversion having first: (A) Submitted the plans for the construction or conversion of the proposed crossing to the department of transportation; and (B) Obtained the department of transportation's approval of those plans. Prior to rendering its final decision, the department of transportation shall submit the plans it proposes to approve to the federal highway administration, the affected local government, and the involved railroad for review and comment. Any entity desiring the construction or conversion of a crossing shall be responsible for all costs associated with constructing or converting such crossing in compliance with the plans approved by the department of transportation. No public railroad grade crossing constructed after July 1, 2001, and no private crossing converted to a public crossing after July 1, 2001, shall be opened to vehicular traffic until such crossing is inspected by the department of transportation to assure that the crossing was constructed or converted in accordance with the approved plans. (2) The department of transportation shall promulgate standards pertaining to the construction or conversion of grade crossings pursuant to this subsection (c) including, but not limited to, appropriate warning devices. The department of transportation shall not approve any plans for construction or conversion of a railroad grade crossing that do not comply with the promulgated standards. (3) The department of transportation shall charge a fee for the review and approval of plans for construction or conversion of railroad crossings and the inspection of the completed crossings. Such fee shall be sufficient to offset the cost to the department of transportation of performing these services. Such fee shall be paid by the party seeking approval of the plans for the crossing. (4) The department of transportation shall promulgate rules and regulations pertaining to the approval of plans for construction or conversion of railroad grade crossings and the inspection of those crossings pursuant to this subsection (c). (5) Upon receipt of an application for approval of plans pursuant to this subsection (c), the department of transportation shall notify the affected railroad and the governmental body having jurisdiction over the proposed location. (6) If a crossing is constructed or converted in violation of this subsection (c), the affected railroad may remove the crossing and recover the cost of such removal from the party that constructed or converted the crossing. (7) (A) It is the intent of the general assembly that the standards, rules and regulations promulgated pursuant to this subsection (c) shall not be applied for any reason whatsoever to any railroad crossings established prior to July 1, 2001, except for the sole purpose of evaluating such railroad grade crossings for possible closure. (B) It is the intent of the general assembly that the standards, rules and regulations promulgated by the department of transportation pursuant to this subsection (c) shall take effect on or before March 1, 2002. Acts 1889, ch. 119, § 1; Shan., § 1593; Code 1932, § 2657; T.C.A. (orig. ed.), § 65-1101; Acts 1990, ch. 733, § 1; 2001, ch. 315, §1; 2002, ch. 536, §§ 1, 2.
(a) All persons, or corporations, owning or operating a railroad in this state, are required to make and furnish good and sufficient crossings on the public highways crossed by them, and keep such crossings in lawful repair at their own expense.
(b) (1) Subsection (a) shall not preclude construction, reconstruction, improvement or repair of crossings, through financial participation of the state or local government with a railroad authority established by law, when accomplished by contract with an independent contractor, or when such work will be performed by employees of a local government acting under direct supervision and total control of a railroad authority or its agent. (2) For liability purposes, when employees of a local government are working under the control of a railroad authority, such employees shall not be treated as employees of the local government, but instead shall be treated as employees of the railroad authority exercising control of the employees.
(1) Subsection (a) shall not preclude construction, reconstruction, improvement or repair of crossings, through financial participation of the state or local government with a railroad authority established by law, when accomplished by contract with an independent contractor, or when such work will be performed by employees of a local government acting under direct supervision and total control of a railroad authority or its agent.
(2) For liability purposes, when employees of a local government are working under the control of a railroad authority, such employees shall not be treated as employees of the local government, but instead shall be treated as employees of the railroad authority exercising control of the employees.
(c) (1) Notwithstanding subsections (a) or (b) to the contrary, after July 1, 2001, no public railroad grade crossing shall be constructed and no private crossing shall be converted to a public crossing without the entity desiring the crossing or the conversion having first: (A) Submitted the plans for the construction or conversion of the proposed crossing to the department of transportation; and (B) Obtained the department of transportation's approval of those plans. Prior to rendering its final decision, the department of transportation shall submit the plans it proposes to approve to the federal highway administration, the affected local government, and the involved railroad for review and comment. Any entity desiring the construction or conversion of a crossing shall be responsible for all costs associated with constructing or converting such crossing in compliance with the plans approved by the department of transportation. No public railroad grade crossing constructed after July 1, 2001, and no private crossing converted to a public crossing after July 1, 2001, shall be opened to vehicular traffic until such crossing is inspected by the department of transportation to assure that the crossing was constructed or converted in accordance with the approved plans. (2) The department of transportation shall promulgate standards pertaining to the construction or conversion of grade crossings pursuant to this subsection (c) including, but not limited to, appropriate warning devices. The department of transportation shall not approve any plans for construction or conversion of a railroad grade crossing that do not comply with the promulgated standards. (3) The department of transportation shall charge a fee for the review and approval of plans for construction or conversion of railroad crossings and the inspection of the completed crossings. Such fee shall be sufficient to offset the cost to the department of transportation of performing these services. Such fee shall be paid by the party seeking approval of the plans for the crossing. (4) The department of transportation shall promulgate rules and regulations pertaining to the approval of plans for construction or conversion of railroad grade crossings and the inspection of those crossings pursuant to this subsection (c). (5) Upon receipt of an application for approval of plans pursuant to this subsection (c), the department of transportation shall notify the affected railroad and the governmental body having jurisdiction over the proposed location. (6) If a crossing is constructed or converted in violation of this subsection (c), the affected railroad may remove the crossing and recover the cost of such removal from the party that constructed or converted the crossing. (7) (A) It is the intent of the general assembly that the standards, rules and regulations promulgated pursuant to this subsection (c) shall not be applied for any reason whatsoever to any railroad crossings established prior to July 1, 2001, except for the sole purpose of evaluating such railroad grade crossings for possible closure. (B) It is the intent of the general assembly that the standards, rules and regulations promulgated by the department of transportation pursuant to this subsection (c) shall take effect on or before March 1, 2002.
(1) Notwithstanding subsections (a) or (b) to the contrary, after July 1, 2001, no public railroad grade crossing shall be constructed and no private crossing shall be converted to a public crossing without the entity desiring the crossing or the conversion having first: (A) Submitted the plans for the construction or conversion of the proposed crossing to the department of transportation; and (B) Obtained the department of transportation's approval of those plans. Prior to rendering its final decision, the department of transportation shall submit the plans it proposes to approve to the federal highway administration, the affected local government, and the involved railroad for review and comment. Any entity desiring the construction or conversion of a crossing shall be responsible for all costs associated with constructing or converting such crossing in compliance with the plans approved by the department of transportation. No public railroad grade crossing constructed after July 1, 2001, and no private crossing converted to a public crossing after July 1, 2001, shall be opened to vehicular traffic until such crossing is inspected by the department of transportation to assure that the crossing was constructed or converted in accordance with the approved plans.
(A) Submitted the plans for the construction or conversion of the proposed crossing to the department of transportation; and
(B) Obtained the department of transportation's approval of those plans. Prior to rendering its final decision, the department of transportation shall submit the plans it proposes to approve to the federal highway administration, the affected local government, and the involved railroad for review and comment. Any entity desiring the construction or conversion of a crossing shall be responsible for all costs associated with constructing or converting such crossing in compliance with the plans approved by the department of transportation. No public railroad grade crossing constructed after July 1, 2001, and no private crossing converted to a public crossing after July 1, 2001, shall be opened to vehicular traffic until such crossing is inspected by the department of transportation to assure that the crossing was constructed or converted in accordance with the approved plans.
(2) The department of transportation shall promulgate standards pertaining to the construction or conversion of grade crossings pursuant to this subsection (c) including, but not limited to, appropriate warning devices. The department of transportation shall not approve any plans for construction or conversion of a railroad grade crossing that do not comply with the promulgated standards.
(3) The department of transportation shall charge a fee for the review and approval of plans for construction or conversion of railroad crossings and the inspection of the completed crossings. Such fee shall be sufficient to offset the cost to the department of transportation of performing these services. Such fee shall be paid by the party seeking approval of the plans for the crossing.
(4) The department of transportation shall promulgate rules and regulations pertaining to the approval of plans for construction or conversion of railroad grade crossings and the inspection of those crossings pursuant to this subsection (c).
(5) Upon receipt of an application for approval of plans pursuant to this subsection (c), the department of transportation shall notify the affected railroad and the governmental body having jurisdiction over the proposed location.
(6) If a crossing is constructed or converted in violation of this subsection (c), the affected railroad may remove the crossing and recover the cost of such removal from the party that constructed or converted the crossing.
(7) (A) It is the intent of the general assembly that the standards, rules and regulations promulgated pursuant to this subsection (c) shall not be applied for any reason whatsoever to any railroad crossings established prior to July 1, 2001, except for the sole purpose of evaluating such railroad grade crossings for possible closure. (B) It is the intent of the general assembly that the standards, rules and regulations promulgated by the department of transportation pursuant to this subsection (c) shall take effect on or before March 1, 2002.
(A) It is the intent of the general assembly that the standards, rules and regulations promulgated pursuant to this subsection (c) shall not be applied for any reason whatsoever to any railroad crossings established prior to July 1, 2001, except for the sole purpose of evaluating such railroad grade crossings for possible closure.
(B) It is the intent of the general assembly that the standards, rules and regulations promulgated by the department of transportation pursuant to this subsection (c) shall take effect on or before March 1, 2002.
Acts 1889, ch. 119, § 1; Shan., § 1593; Code 1932, § 2657; T.C.A. (orig. ed.), § 65-1101; Acts 1990, ch. 733, § 1; 2001, ch. 315, §1; 2002, ch. 536, §§ 1, 2.
Tenn. Code Ann. § 65-3-202 — TN Code / Title 65 / Chapter 3 / Section 65-3-202
Collection and disposition of fee
Status: in_force

The inspection, control and supervision fees provided for in this part shall be collected by the department of transportation. Such fees, when collected, shall be deposited in the state treasury but shall be kept in a separate account, to be known as the "railroad account," and the funds so raised shall thus be segregated on a fiscal year basis. Effective June 30, 1996, the balance in the railroad account is to reflect all fees collected for the fiscal year and should reflect any payments authorized by this chapter for the fiscal year and each year thereafter. The same accounting procedures used by the department of finance and administration for the determination of other reserve fund balances for the department of transportation shall be applicable to the railroad account balance. Acts 1970, ch. 599, § 1(6); T.C.A., § 65-333; Acts 1995, ch. 305, § 10; 1995, ch. 536, § 2.
The inspection, control and supervision fees provided for in this part shall be collected by the department of transportation. Such fees, when collected, shall be deposited in the state treasury but shall be kept in a separate account, to be known as the "railroad account," and the funds so raised shall thus be segregated on a fiscal year basis. Effective June 30, 1996, the balance in the railroad account is to reflect all fees collected for the fiscal year and should reflect any payments authorized by this chapter for the fiscal year and each year thereafter. The same accounting procedures used by the department of finance and administration for the determination of other reserve fund balances for the department of transportation shall be applicable to the railroad account balance.
Acts 1970, ch. 599, § 1(6); T.C.A., § 65-333; Acts 1995, ch. 305, § 10; 1995, ch. 536, § 2.
Tenn. Code Ann. § 65-5-112 — TN Code / Title 65 / Chapter 5 / Section 65-5-112
Small and minority-owned telecommunications business participation plan
Status: in_force

Each telecommunications service provider shall file with the commission a small and minority-owned telecommunications business participation plan within sixty (60) days of June 6, 1995. Competing telecommunications service providers shall file such plan with the commission with their application for a certificate. Such plan shall contain such entity's plan for purchasing goods and services from small and minority telecommunications businesses and information on programs, if any, to provide technical assistance to such businesses. All providers shall update plans filed with the commission annually. For purposes of chapter 408 of the Public Acts of 1995, "minority business" means a business which is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls the daily operations of such business, and who is impeded from normal entry into the economic mainstream because of race, religion, sex or national origin and such business has annual gross receipts of less than four million dollars ($4,000,000). For purposes of chapter 408 of the Public Acts of 1995, "small business" means a business with annual gross receipts of less than four million dollars ($4,000,000). Acts 1995, ch. 408, § 16; T.C.A. § 65-5-212.
Each telecommunications service provider shall file with the commission a small and minority-owned telecommunications business participation plan within sixty (60) days of June 6, 1995. Competing telecommunications service providers shall file such plan with the commission with their application for a certificate. Such plan shall contain such entity's plan for purchasing goods and services from small and minority telecommunications businesses and information on programs, if any, to provide technical assistance to such businesses. All providers shall update plans filed with the commission annually. For purposes of chapter 408 of the Public Acts of 1995, "minority business" means a business which is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls the daily operations of such business, and who is impeded from normal entry into the economic mainstream because of race, religion, sex or national origin and such business has annual gross receipts of less than four million dollars ($4,000,000). For purposes of chapter 408 of the Public Acts of 1995, "small business" means a business with annual gross receipts of less than four million dollars ($4,000,000).
Acts 1995, ch. 408, § 16; T.C.A. § 65-5-212.
Tenn. Code Ann. § 65-4-101 — TN Code / Title 65 / Chapter 4 / Section 65-4-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Competing telecommunications service provider" means any individual or entity that offers or provides any two-way communications service, telephone service, telegraph service, paging service, or communications service similar to such services and is certificated as a provider of such services after June 6, 1995, unless otherwise exempted from this definition by state or federal law; (2) "Current authorized fair rate of return" means: (A) For an incumbent local exchange telephone company operating pursuant to a regulatory reform plan ordered by the former public service commission under TPSC rule 1220-4-2-.55, any return within the range contemplated by TPSC rule 1220-4-2-.55(1)(c)(1) or TPSC rule 1220-4-2-.55(d); (B) For any other incumbent local exchange telephone company, the rate of return on rate base most recently used by the former public service commission in an order evaluating its rates; (3) "Gross domestic product-price index (GDP-PI)" used to determine limits on rate changes means the final estimate of the chain-weighted gross domestic product-price index as prepared by the United States department of commerce and published in the Survey of Current Business, or its successor; (4) "Incumbent local exchange telephone company" means a public utility offering and providing basic local exchange telephone service as defined by § 65-5-108(a) pursuant to tariffs approved by the former public service commission prior to June 6, 1995; (5) "Interconnection services" means telecommunications services, including intrastate switched access service, that allow a telecommunications service provider to interconnect with the networks of all other telecommunications service providers; (6) (A) "Public utility" means every individual, copartnership, association, corporation, or joint stock company, its lessees, trustees, or receivers, appointed by any court whatsoever, that own, operate, manage or control, within the state, any interurban electric railway, traction company, all other common carriers, express, gas, electric light, heat, power, water, telephone, telegraph, telecommunications services, or any other like system, plant or equipment, affected by and dedicated to the public use, under privileges, franchises, licenses, or agreements, granted by the state or by any political subdivision thereof. "Public utility" as defined in this section shall not be construed to include the following nonutilities: (i) Any corporation owned by or any agency or instrumentality of the United States; (ii) Any county, municipal corporation or other subdivision of this state; (iii) Any corporation owned by or any agency or instrumentality of the state; (iv) Any corporation or joint stock company more than fifty percent (50%) of the voting stock or shares of which is owned by the United States, this state or by any nonutility referred to in subdivisions (a)(1), (2), and (3); (v) Any cooperative organization not organized or doing business for profit, cooperative association not organized or doing business for profit, or cooperative corporation not organized or doing business for profit. For purposes of this subdivision (6)(A)(v), "cooperative" shall mean only those nonprofit cooperative entities organized under or otherwise subject to the Rural Electric and Community Services Cooperative Act, compiled in chapter 25 of this title, or the Telephone Cooperative Act, compiled in chapter 29 of this title; (vi) Any individual, partnership, copartnership, association, corporation or joint stock company offering domestic public cellular radio telephone service authorized by the federal communications commission; provided, that the real and personal property of such domestic public cellular radio telephone entities shall be assessed by the comptroller of the treasury pursuant to §§ 67-5-801(a)(1) , 67-5-901(a)(1) , and 67-5-1301(a)(2) ; provided, however, that until at least two (2) entities, each independent of the other, are authorized by the federal communications commission to offer domestic public cellular radio telephone service in the same cellular geographical area within the state, the customer rates only of a company offering domestic public cellular radio telephone service shall be subject to review by the Tennessee public utility commission pursuant to §§ 65-5-101 - 65-5-104. Upon existence in a cellular geographical area of the conditions set forth in the preceding sentence, domestic public cellular radio telephone service in such area, for all purposes, shall automatically cease to be treated as a public utility under this title. The Tennessee public utility commission's authority over domestic public cellular radio telephone service is expressly limited to the above extent and the commission shall have no authority over resellers of domestic public cellular radio telephone service. For the purpose of this subdivision (6)(A)(vi), "authorized" means six (6) months after granting of the construction permit by the federal communications commission to the second entity or when the second entity begins offering service in the same cellular geographical area, whichever should first occur. This subdivision (6)(A)(vi) does not affect, modify or lessen the utility commission's authority over public utilities that are subject to regulation pursuant to chapter 5 of this title; (vii) Any county, municipal corporation or other subdivision of a state bordering Tennessee, but only to the extent that such county, municipal corporation or other subdivision distributes natural gas to retail customers within the municipal boundaries and/or urban growth boundaries of a Tennessee city or town adjoining such bordering state; (viii) Any of the foregoing nonutilities acting jointly or in combination or through a joint agency or instrumentality; and (ix) For purposes of §§ 65-5-101 and 65-5-103 , "public utility" shall not include interexchange carriers. "Interexchange carriers" means companies, other than incumbent local exchange telephone companies, owning facilities in the state which consist of network elements and switches, or other communication transmission equipment used to carry voice, data, image, and video traffic across the local access and transport area (LATA) boundaries within Tennessee; (B) (i) "Public utility" does not mean nonprofit homeowners associations or organizations whose membership is limited to owners of lots in residential subdivisions, which associations or organizations own, construct, operate or maintain water, street light or park maintenance service systems for the exclusive use of that subdivision; provided, however, that the subdivisions are unable to obtain such services from the local utility district. None of the property, property rights or facilities owned or used by the association or organization for the rendering of such services shall be under the jurisdiction, supervision or control of the Tennessee public utility commission; (ii) "Public utility" does not mean any nonprofit corporation, as defined in § 501(c)(4) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(4) ), which owns and operates a wastewater system primarily for the use of the members of the corporation and which has received a written statement of exemption from regulation as a public utility from the Tennessee public utility commission prior to January 1, 2009; (C) "Public utility" includes a wind energy facility, as defined in § 65-17-101 , and does not include a wind energy facility subject to § 65-17-102 ; and (7) "Telecommunications service provider" means any incumbent local exchange telephone company or certificated individual or entity, or individual or entity operating pursuant to the approval by the former public service commission of a franchise within § 65-4-207(b) , authorized by law to provide, and offering or providing for hire, any telecommunications service, telephone service, telegraph service, paging service, or communications service similar to such services unless otherwise exempted from this definition by state or federal law. Amended by 2018 Tenn. Acts, ch. 825, s 2, eff. 4/24/2018. Amended by 2017 Tenn. Acts, ch. 94, s 51, eff. 4/4/2017. Acts 1919, ch. 49, § 3; Shan. Supp., § 3059a86; Code 1932, § 5448; Acts 1935, ch. 42, § 1; 1943, ch. 51, § 1; C. Supp. 1950, § 5448; Acts 1979, ch. 195, § 1; T.C.A. (orig. ed.), § 65-401; Acts 1984, ch. 869, § 1; 1995, ch. 305, §§ 14, 20; 1995, ch. 408, §§ 2, 3; 1999, ch. 317, § 1; 2001, ch. 27, § 1; 2011 , ch. 430, §§ 1, 2.
As used in this chapter, unless the context otherwise requires:
(1) "Competing telecommunications service provider" means any individual or entity that offers or provides any two-way communications service, telephone service, telegraph service, paging service, or communications service similar to such services and is certificated as a provider of such services after June 6, 1995, unless otherwise exempted from this definition by state or federal law;
(2) "Current authorized fair rate of return" means: (A) For an incumbent local exchange telephone company operating pursuant to a regulatory reform plan ordered by the former public service commission under TPSC rule 1220-4-2-.55, any return within the range contemplated by TPSC rule 1220-4-2-.55(1)(c)(1) or TPSC rule 1220-4-2-.55(d); (B) For any other incumbent local exchange telephone company, the rate of return on rate base most recently used by the former public service commission in an order evaluating its rates;
(A) For an incumbent local exchange telephone company operating pursuant to a regulatory reform plan ordered by the former public service commission under TPSC rule 1220-4-2-.55, any return within the range contemplated by TPSC rule 1220-4-2-.55(1)(c)(1) or TPSC rule 1220-4-2-.55(d);
(B) For any other incumbent local exchange telephone company, the rate of return on rate base most recently used by the former public service commission in an order evaluating its rates;
(3) "Gross domestic product-price index (GDP-PI)" used to determine limits on rate changes means the final estimate of the chain-weighted gross domestic product-price index as prepared by the United States department of commerce and published in the Survey of Current Business, or its successor;
(4) "Incumbent local exchange telephone company" means a public utility offering and providing basic local exchange telephone service as defined by § 65-5-108(a) pursuant to tariffs approved by the former public service commission prior to June 6, 1995;
(5) "Interconnection services" means telecommunications services, including intrastate switched access service, that allow a telecommunications service provider to interconnect with the networks of all other telecommunications service providers;
(6) (A) "Public utility" means every individual, copartnership, association, corporation, or joint stock company, its lessees, trustees, or receivers, appointed by any court whatsoever, that own, operate, manage or control, within the state, any interurban electric railway, traction company, all other common carriers, express, gas, electric light, heat, power, water, telephone, telegraph, telecommunications services, or any other like system, plant or equipment, affected by and dedicated to the public use, under privileges, franchises, licenses, or agreements, granted by the state or by any political subdivision thereof. "Public utility" as defined in this section shall not be construed to include the following nonutilities: (i) Any corporation owned by or any agency or instrumentality of the United States; (ii) Any county, municipal corporation or other subdivision of this state; (iii) Any corporation owned by or any agency or instrumentality of the state; (iv) Any corporation or joint stock company more than fifty percent (50%) of the voting stock or shares of which is owned by the United States, this state or by any nonutility referred to in subdivisions (a)(1), (2), and (3); (v) Any cooperative organization not organized or doing business for profit, cooperative association not organized or doing business for profit, or cooperative corporation not organized or doing business for profit. For purposes of this subdivision (6)(A)(v), "cooperative" shall mean only those nonprofit cooperative entities organized under or otherwise subject to the Rural Electric and Community Services Cooperative Act, compiled in chapter 25 of this title, or the Telephone Cooperative Act, compiled in chapter 29 of this title; (vi) Any individual, partnership, copartnership, association, corporation or joint stock company offering domestic public cellular radio telephone service authorized by the federal communications commission; provided, that the real and personal property of such domestic public cellular radio telephone entities shall be assessed by the comptroller of the treasury pursuant to §§ 67-5-801(a)(1) , 67-5-901(a)(1) , and 67-5-1301(a)(2) ; provided, however, that until at least two (2) entities, each independent of the other, are authorized by the federal communications commission to offer domestic public cellular radio telephone service in the same cellular geographical area within the state, the customer rates only of a company offering domestic public cellular radio telephone service shall be subject to review by the Tennessee public utility commission pursuant to §§ 65-5-101 - 65-5-104. Upon existence in a cellular geographical area of the conditions set forth in the preceding sentence, domestic public cellular radio telephone service in such area, for all purposes, shall automatically cease to be treated as a public utility under this title. The Tennessee public utility commission's authority over domestic public cellular radio telephone service is expressly limited to the above extent and the commission shall have no authority over resellers of domestic public cellular radio telephone service. For the purpose of this subdivision (6)(A)(vi), "authorized" means six (6) months after granting of the construction permit by the federal communications commission to the second entity or when the second entity begins offering service in the same cellular geographical area, whichever should first occur. This subdivision (6)(A)(vi) does not affect, modify or lessen the utility commission's authority over public utilities that are subject to regulation pursuant to chapter 5 of this title; (vii) Any county, municipal corporation or other subdivision of a state bordering Tennessee, but only to the extent that such county, municipal corporation or other subdivision distributes natural gas to retail customers within the municipal boundaries and/or urban growth boundaries of a Tennessee city or town adjoining such bordering state; (viii) Any of the foregoing nonutilities acting jointly or in combination or through a joint agency or instrumentality; and (ix) For purposes of §§ 65-5-101 and 65-5-103 , "public utility" shall not include interexchange carriers. "Interexchange carriers" means companies, other than incumbent local exchange telephone companies, owning facilities in the state which consist of network elements and switches, or other communication transmission equipment used to carry voice, data, image, and video traffic across the local access and transport area (LATA) boundaries within Tennessee; (B) (i) "Public utility" does not mean nonprofit homeowners associations or organizations whose membership is limited to owners of lots in residential subdivisions, which associations or organizations own, construct, operate or maintain water, street light or park maintenance service systems for the exclusive use of that subdivision; provided, however, that the subdivisions are unable to obtain such services from the local utility district. None of the property, property rights or facilities owned or used by the association or organization for the rendering of such services shall be under the jurisdiction, supervision or control of the Tennessee public utility commission; (ii) "Public utility" does not mean any nonprofit corporation, as defined in § 501(c)(4) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(4) ), which owns and operates a wastewater system primarily for the use of the members of the corporation and which has received a written statement of exemption from regulation as a public utility from the Tennessee public utility commission prior to January 1, 2009; (C) "Public utility" includes a wind energy facility, as defined in § 65-17-101 , and does not include a wind energy facility subject to § 65-17-102 ; and
(A) "Public utility" means every individual, copartnership, association, corporation, or joint stock company, its lessees, trustees, or receivers, appointed by any court whatsoever, that own, operate, manage or control, within the state, any interurban electric railway, traction company, all other common carriers, express, gas, electric light, heat, power, water, telephone, telegraph, telecommunications services, or any other like system, plant or equipment, affected by and dedicated to the public use, under privileges, franchises, licenses, or agreements, granted by the state or by any political subdivision thereof. "Public utility" as defined in this section shall not be construed to include the following nonutilities: (i) Any corporation owned by or any agency or instrumentality of the United States; (ii) Any county, municipal corporation or other subdivision of this state; (iii) Any corporation owned by or any agency or instrumentality of the state; (iv) Any corporation or joint stock company more than fifty percent (50%) of the voting stock or shares of which is owned by the United States, this state or by any nonutility referred to in subdivisions (a)(1), (2), and (3); (v) Any cooperative organization not organized or doing business for profit, cooperative association not organized or doing business for profit, or cooperative corporation not organized or doing business for profit. For purposes of this subdivision (6)(A)(v), "cooperative" shall mean only those nonprofit cooperative entities organized under or otherwise subject to the Rural Electric and Community Services Cooperative Act, compiled in chapter 25 of this title, or the Telephone Cooperative Act, compiled in chapter 29 of this title; (vi) Any individual, partnership, copartnership, association, corporation or joint stock company offering domestic public cellular radio telephone service authorized by the federal communications commission; provided, that the real and personal property of such domestic public cellular radio telephone entities shall be assessed by the comptroller of the treasury pursuant to §§ 67-5-801(a)(1) , 67-5-901(a)(1) , and 67-5-1301(a)(2) ; provided, however, that until at least two (2) entities, each independent of the other, are authorized by the federal communications commission to offer domestic public cellular radio telephone service in the same cellular geographical area within the state, the customer rates only of a company offering domestic public cellular radio telephone service shall be subject to review by the Tennessee public utility commission pursuant to §§ 65-5-101 - 65-5-104. Upon existence in a cellular geographical area of the conditions set forth in the preceding sentence, domestic public cellular radio telephone service in such area, for all purposes, shall automatically cease to be treated as a public utility under this title. The Tennessee public utility commission's authority over domestic public cellular radio telephone service is expressly limited to the above extent and the commission shall have no authority over resellers of domestic public cellular radio telephone service. For the purpose of this subdivision (6)(A)(vi), "authorized" means six (6) months after granting of the construction permit by the federal communications commission to the second entity or when the second entity begins offering service in the same cellular geographical area, whichever should first occur. This subdivision (6)(A)(vi) does not affect, modify or lessen the utility commission's authority over public utilities that are subject to regulation pursuant to chapter 5 of this title; (vii) Any county, municipal corporation or other subdivision of a state bordering Tennessee, but only to the extent that such county, municipal corporation or other subdivision distributes natural gas to retail customers within the municipal boundaries and/or urban growth boundaries of a Tennessee city or town adjoining such bordering state; (viii) Any of the foregoing nonutilities acting jointly or in combination or through a joint agency or instrumentality; and (ix) For purposes of §§ 65-5-101 and 65-5-103 , "public utility" shall not include interexchange carriers. "Interexchange carriers" means companies, other than incumbent local exchange telephone companies, owning facilities in the state which consist of network elements and switches, or other communication transmission equipment used to carry voice, data, image, and video traffic across the local access and transport area (LATA) boundaries within Tennessee;
(i) Any corporation owned by or any agency or instrumentality of the United States;
(ii) Any county, municipal corporation or other subdivision of this state;
(iii) Any corporation owned by or any agency or instrumentality of the state;
(iv) Any corporation or joint stock company more than fifty percent (50%) of the voting stock or shares of which is owned by the United States, this state or by any nonutility referred to in subdivisions (a)(1), (2), and (3);
(v) Any cooperative organization not organized or doing business for profit, cooperative association not organized or doing business for profit, or cooperative corporation not organized or doing business for profit. For purposes of this subdivision (6)(A)(v), "cooperative" shall mean only those nonprofit cooperative entities organized under or otherwise subject to the Rural Electric and Community Services Cooperative Act, compiled in chapter 25 of this title, or the Telephone Cooperative Act, compiled in chapter 29 of this title;
(vi) Any individual, partnership, copartnership, association, corporation or joint stock company offering domestic public cellular radio telephone service authorized by the federal communications commission; provided, that the real and personal property of such domestic public cellular radio telephone entities shall be assessed by the comptroller of the treasury pursuant to §§ 67-5-801(a)(1) , 67-5-901(a)(1) , and 67-5-1301(a)(2) ; provided, however, that until at least two (2) entities, each independent of the other, are authorized by the federal communications commission to offer domestic public cellular radio telephone service in the same cellular geographical area within the state, the customer rates only of a company offering domestic public cellular radio telephone service shall be subject to review by the Tennessee public utility commission pursuant to §§ 65-5-101 - 65-5-104. Upon existence in a cellular geographical area of the conditions set forth in the preceding sentence, domestic public cellular radio telephone service in such area, for all purposes, shall automatically cease to be treated as a public utility under this title. The Tennessee public utility commission's authority over domestic public cellular radio telephone service is expressly limited to the above extent and the commission shall have no authority over resellers of domestic public cellular radio telephone service. For the purpose of this subdivision (6)(A)(vi), "authorized" means six (6) months after granting of the construction permit by the federal communications commission to the second entity or when the second entity begins offering service in the same cellular geographical area, whichever should first occur. This subdivision (6)(A)(vi) does not affect, modify or lessen the utility commission's authority over public utilities that are subject to regulation pursuant to chapter 5 of this title;
(vii) Any county, municipal corporation or other subdivision of a state bordering Tennessee, but only to the extent that such county, municipal corporation or other subdivision distributes natural gas to retail customers within the municipal boundaries and/or urban growth boundaries of a Tennessee city or town adjoining such bordering state;
(viii) Any of the foregoing nonutilities acting jointly or in combination or through a joint agency or instrumentality; and
(ix) For purposes of §§ 65-5-101 and 65-5-103 , "public utility" shall not include interexchange carriers. "Interexchange carriers" means companies, other than incumbent local exchange telephone companies, owning facilities in the state which consist of network elements and switches, or other communication transmission equipment used to carry voice, data, image, and video traffic across the local access and transport area (LATA) boundaries within Tennessee;
(B) (i) "Public utility" does not mean nonprofit homeowners associations or organizations whose membership is limited to owners of lots in residential subdivisions, which associations or organizations own, construct, operate or maintain water, street light or park maintenance service systems for the exclusive use of that subdivision; provided, however, that the subdivisions are unable to obtain such services from the local utility district. None of the property, property rights or facilities owned or used by the association or organization for the rendering of such services shall be under the jurisdiction, supervision or control of the Tennessee public utility commission; (ii) "Public utility" does not mean any nonprofit corporation, as defined in § 501(c)(4) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(4) ), which owns and operates a wastewater system primarily for the use of the members of the corporation and which has received a written statement of exemption from regulation as a public utility from the Tennessee public utility commission prior to January 1, 2009;
(i) "Public utility" does not mean nonprofit homeowners associations or organizations whose membership is limited to owners of lots in residential subdivisions, which associations or organizations own, construct, operate or maintain water, street light or park maintenance service systems for the exclusive use of that subdivision; provided, however, that the subdivisions are unable to obtain such services from the local utility district. None of the property, property rights or facilities owned or used by the association or organization for the rendering of such services shall be under the jurisdiction, supervision or control of the Tennessee public utility commission;
(ii) "Public utility" does not mean any nonprofit corporation, as defined in § 501(c)(4) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(4) ), which owns and operates a wastewater system primarily for the use of the members of the corporation and which has received a written statement of exemption from regulation as a public utility from the Tennessee public utility commission prior to January 1, 2009;
(C) "Public utility" includes a wind energy facility, as defined in § 65-17-101 , and does not include a wind energy facility subject to § 65-17-102 ; and
(7) "Telecommunications service provider" means any incumbent local exchange telephone company or certificated individual or entity, or individual or entity operating pursuant to the approval by the former public service commission of a franchise within § 65-4-207(b) , authorized by law to provide, and offering or providing for hire, any telecommunications service, telephone service, telegraph service, paging service, or communications service similar to such services unless otherwise exempted from this definition by state or federal law.
Amended by 2018 Tenn. Acts, ch. 825, s 2, eff. 4/24/2018.
Amended by 2017 Tenn. Acts, ch. 94, s 51, eff. 4/4/2017.
Acts 1919, ch. 49, § 3; Shan. Supp., § 3059a86; Code 1932, § 5448; Acts 1935, ch. 42, § 1; 1943, ch. 51, § 1; C. Supp. 1950, § 5448; Acts 1979, ch. 195, § 1; T.C.A. (orig. ed.), § 65-401; Acts 1984, ch. 869, § 1; 1995, ch. 305, §§ 14, 20; 1995, ch. 408, §§ 2, 3; 1999, ch. 317, § 1; 2001, ch. 27, § 1; 2011 , ch. 430, §§ 1, 2.
Tenn. Code Ann. § 65-15-112 — TN Code / Title 65 / Chapter 15 / Section 65-15-112
Inspection, control, and supervision fee - Motor vehicle account
Status: in_force

(a) (1) Beginning January 1, 1994, for that calendar year and each calendar year thereafter, every freight motor vehicle required to register with the state pursuant to § 55-4-113 , with the exception of those vehicles described in § 55-4-113(a)(3) , shall pay a safety inspection fee. This safety inspection fee shall provide a means for the state to exercise its police powers in order to protect the highways, and to promote the safety of the traveling public by the regulation of the use of and safe operation of such vehicles over the highways. This safety inspection fee shall be an amount equal to two and one-half percent (2.5%) of the vehicle registration fees prescribed in § 55-4-113 , for those freight motor vehicles subject to the fee. This fee to the department of safety shall be paid in addition to all property, franchise, license, or other taxes, fees and charges assessed or charged by law against the vehicle. (2) This safety inspection fee shall be paid annually as a part of the registration taxes due to the state for such freight motor vehicles. This fee shall be remitted to the department of revenue and shall be paid over to the department of safety for use in accordance with this section. (b) It is the duty of the department of safety to keep separate account of the safety inspection fees paid over to it by the department of revenue and to segregate them in an account to be known as the "motor vehicle account." Any funds remaining in the motor vehicle account at the end of the year shall be carried over from year to year and expended only for the purposes specified in this part. (c) The department of revenue shall not issue or renew a certificate of registration or permit for any freight motor vehicle that fails to pay the annual safety inspection fee. (d) A lien is declared, and shall exist, upon all the property of each such certificate or permit holder, which shall be used upon the highways of this state, and upon which such fees shall be properly payable, for the payment of the fees prescribed by this part, together with all penalties accruing hereunder, which lien shall be superior to all other liens, except federal, state, county and municipal taxes. (e) All fines levied by the department of safety as well as all fees and penalties collected by the department of safety under this part shall be paid into the state treasury to the credit of the motor vehicle account, and used to defray the expenses incurred by the department in the enforcement of this part.
(a) (1) Beginning January 1, 1994, for that calendar year and each calendar year thereafter, every freight motor vehicle required to register with the state pursuant to § 55-4-113 , with the exception of those vehicles described in § 55-4-113(a)(3) , shall pay a safety inspection fee. This safety inspection fee shall provide a means for the state to exercise its police powers in order to protect the highways, and to promote the safety of the traveling public by the regulation of the use of and safe operation of such vehicles over the highways. This safety inspection fee shall be an amount equal to two and one-half percent (2.5%) of the vehicle registration fees prescribed in § 55-4-113 , for those freight motor vehicles subject to the fee. This fee to the department of safety shall be paid in addition to all property, franchise, license, or other taxes, fees and charges assessed or charged by law against the vehicle. (2) This safety inspection fee shall be paid annually as a part of the registration taxes due to the state for such freight motor vehicles. This fee shall be remitted to the department of revenue and shall be paid over to the department of safety for use in accordance with this section.
(1) Beginning January 1, 1994, for that calendar year and each calendar year thereafter, every freight motor vehicle required to register with the state pursuant to § 55-4-113 , with the exception of those vehicles described in § 55-4-113(a)(3) , shall pay a safety inspection fee. This safety inspection fee shall provide a means for the state to exercise its police powers in order to protect the highways, and to promote the safety of the traveling public by the regulation of the use of and safe operation of such vehicles over the highways. This safety inspection fee shall be an amount equal to two and one-half percent (2.5%) of the vehicle registration fees prescribed in § 55-4-113 , for those freight motor vehicles subject to the fee. This fee to the department of safety shall be paid in addition to all property, franchise, license, or other taxes, fees and charges assessed or charged by law against the vehicle.
(2) This safety inspection fee shall be paid annually as a part of the registration taxes due to the state for such freight motor vehicles. This fee shall be remitted to the department of revenue and shall be paid over to the department of safety for use in accordance with this section.
(b) It is the duty of the department of safety to keep separate account of the safety inspection fees paid over to it by the department of revenue and to segregate them in an account to be known as the "motor vehicle account." Any funds remaining in the motor vehicle account at the end of the year shall be carried over from year to year and expended only for the purposes specified in this part.
(c) The department of revenue shall not issue or renew a certificate of registration or permit for any freight motor vehicle that fails to pay the annual safety inspection fee.
(d) A lien is declared, and shall exist, upon all the property of each such certificate or permit holder, which shall be used upon the highways of this state, and upon which such fees shall be properly payable, for the payment of the fees prescribed by this part, together with all penalties accruing hereunder, which lien shall be superior to all other liens, except federal, state, county and municipal taxes.
(e) All fines levied by the department of safety as well as all fees and penalties collected by the department of safety under this part shall be paid into the state treasury to the credit of the motor vehicle account, and used to defray the expenses incurred by the department in the enforcement of this part.
Tenn. Code Ann. § 65-15-103 — TN Code / Title 65 / Chapter 15 / Section 65-15-103
Exempt vehicles - Applicability
Status: in_force

(a) The provisions of this part, except those providing for safety inspection and safety rules and regulations for motor vehicles provided for in § 65-15-111 , do not apply to any motor vehicles, while used exclusively: (1) Airport limousines - for carrying persons and/or property between airport terminals and hotels, motels, and other designated points in any municipality, county or the suburb of the same served by such airport; (2) Ambulances and hearses - in funerals or as ambulances; (3) Charter vehicles - to any motor vehicle making casual trips on call or under contract, solicited by the party served, for the carrying of passengers; provided, that on such casual trips no operator shall be allowed to pick up any passengers along the route, nor be permitted on the return trip to carry any passengers other than those included in the original or outbound trip; (4) Commuter vans - to any motor vehicle, except taxicabs or airport limousines, used primarily for hauling fifteen (15) or fewer passengers to and from their regular places of employment, or to the organizers, sponsors or promoters of such vehicles under [former] § 65-15-115 [repealed]; (5) Intracity transfer service - in-city transfer service by way of transporting property for-hire between points in any one (1) town, city or suburbs thereof, not over or along any definite, fixed, announced, or advertised routes between any points in such one (1) city, town or suburbs thereof; provided, that this exemption does not apply to motor vehicles transporting petroleum products and other hazardous materials, in bulk, in tank trucks or trailers, for-hire, other than those owned or operated by any person, firm or corporation engaged on May 17, 1971, in providing such transport services, unless they are exempt under subdivision (a)(7). No funds received by the department under this section may be used for purposes of funding any retirement benefit for any person, to secure actuarial soundness, nor to improve any retirement plan or benefit; and provided further, that this exemption shall not apply to contract haulers engaged in the transportation of mobile homes; provided, that the contract haulers performing these services as prescribed by this chapter be given thirty (30) days to apply to the department for the authority to continue operation; (6) Limousines - in the limousine service; (7) Milk and other perishable farm products and livestock vehicles - for transporting or delivering milk or milk products from the producer thereof to the purchaser from the producer, or to any motor vehicle used casually, by the owner, to convey perishable farm products or livestock to market; (8) Newspaper delivery vehicles - to any motor vehicle used primarily in the transportation of newspapers, or to any motor vehicle used casually, by the owner, to deliver newspapers while going to or from work, or to any commercial motor vehicle whose commercial use is not now subject to regulation by the department and whose use to deliver newspapers is incidental to its primary use; (9) Passenger hauling demonstration projects - to any motor vehicle operated pursuant to department approved demonstration projects conducted by state, local municipalities, counties, or metropolitan governments when such demonstration projects are of limited duration and will meet transportation needs in the hauling of passengers; provided, that the department of safety may inspect such vehicles for purposes of safety, and such vehicles shall be subject to § 65-15-111 ; provided, that the department of safety may establish a minimum level of insurance coverage to be required of all vehicles operating pursuant to this subdivision (a)(9). Vehicles operating pursuant to this subdivision (a)(9) are subject to the inspection, control, and supervision fee as provided in § 65-15-112 . This subdivision (a)(9) does not apply in any county having a metropolitan form of government; (10) Railroad limousines and dray vehicles - for carrying persons and/or property between railroad depots and any points in any city, town or suburb thereof, in or adjacent to which such depot is located; (11) School and church vehicles - for transporting persons to or from school, Sunday school, church or religious services of any kind, upon special prearranged trips or excursions under the auspices of any religious or charitable organization; (12) Seasonal transportation of fertilizer for farm or dairy purposes - to any motor vehicle used on a seasonal basis to transport fertilizer to local dealers, farms, gins, or dairies for farm or dairy purposes; provided, that the department may inspect such vehicles for purposes of safety, and such vehicles shall be subject to § 65-15-111 ; (13) Sedans - in the sedan service; (14) Shuttles - in the shuttle service; (15) Taxicabs - in taxicab service; (16) Transportation of hot mix asphalt - to any motor vehicle while used in the transportation of hot mix asphalt when the owner, lessee or bailee of the vehicle is legally and regularly engaged in the business of selling or distributing such hot mix asphalt transported on such vehicle; provided, that the department of safety may inspect such motor vehicles for purpose of safety and such vehicles shall be subject to § 65-15-111 ; and provided further, that the department of safety is empowered to enforce this subdivision (a)(16) with respect to safety as if such vehicle were a common carrier; (17) Vehicles hauling ore, sand, gravel and other unprocessed products of the soil - to any motor vehicles used in the transportation of coal produced from mines located within this state, or products of the soil in unprocessed state, including, but not limited to, sand, gravel, chert or phosphate muck; (18) Vehicles hauling recovered materials - to any motor vehicle while used in the transportation of recovered materials from the point of generation to a processing facility or to the end-user of these materials or from the processing facility to the end-user of these materials; provided, that such vehicles shall be subject to the provisions of § 65-15-111 pertaining to safety regulation for motor vehicles. "Recovered materials" means those materials which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling. "Recovered materials" does not include any materials being transported to a landfill; or (19) Vehicles used in selling or distribution of petroleum products - to any motor vehicle while used in the transportation of petroleum products when the owner, lessee or bailee of the vehicle is legally and regularly engaged in the business of selling or distributing such petroleum products transported on such vehicle; provided, that the department of safety may inspect such motor vehicles for purposes of safety and such vehicles shall be subject to § 65-15-111 ; and provided further, that the rate charged by any person hauling petroleum products as excluded by this subdivision (a)(19) shall be no less than the rates set by the department for hauling petroleum products by common carriers; and provided further, that the department of safety is empowered to enforce the provisions of this subdivision (a)(19) with respect to safety and rates as if such vehicle was a common carrier including its powers under former § 65-15-121 [repealed]. (b) In addition to the provisions of subsection (a), the provisions of this part, except those providing for safety inspection and safety rules and regulations for motor vehicles transporting hazardous materials, do not apply to contract haulers or motor vehicles of contract haulers, while used exclusively for transporting liquid asphalt or any product containing liquid asphalt as one (1) of its ingredients; provided, that the department of safety may inspect such motor vehicles for purposes of safety rules and regulations under § 65-15-111 . Acts 1933, ch. 119, § 2; C. Supp. 1950, § 5501.2; Acts 1959, ch. 239, § 1; 1961, ch. 86, § 1; 1967, ch. 244, § 1; 1967, ch. 356, § 1; 1968, ch. 631, § 1; 1971, ch. 98, § 1; 1971, ch. 219, § 1; 1972, ch. 683, § 3; 1974, ch. 427, § 1; 1974, ch. 476, § 1; 1975, ch. 349, § 1; 1976, ch. 794, § 1; 1976, ch. 823, §§ 3, 4; 1977, ch. 163, § 1; 1977, ch. 275, § 1; 1979, ch. 424, § 1; T.C.A. (orig. ed.), § 65-1503; Acts 1982, ch. 622, § 2; 1992, ch. 590, § 1; 1994, ch. 705, § 3; 1994, ch. 774, § 2; 1995, ch. 305, § 30; 1999, ch. 97, §§ 2, 3; 2007 , ch. 484, § 99.
(a) The provisions of this part, except those providing for safety inspection and safety rules and regulations for motor vehicles provided for in § 65-15-111 , do not apply to any motor vehicles, while used exclusively: (1) Airport limousines - for carrying persons and/or property between airport terminals and hotels, motels, and other designated points in any municipality, county or the suburb of the same served by such airport; (2) Ambulances and hearses - in funerals or as ambulances; (3) Charter vehicles - to any motor vehicle making casual trips on call or under contract, solicited by the party served, for the carrying of passengers; provided, that on such casual trips no operator shall be allowed to pick up any passengers along the route, nor be permitted on the return trip to carry any passengers other than those included in the original or outbound trip; (4) Commuter vans - to any motor vehicle, except taxicabs or airport limousines, used primarily for hauling fifteen (15) or fewer passengers to and from their regular places of employment, or to the organizers, sponsors or promoters of such vehicles under [former] § 65-15-115 [repealed]; (5) Intracity transfer service - in-city transfer service by way of transporting property for-hire between points in any one (1) town, city or suburbs thereof, not over or along any definite, fixed, announced, or advertised routes between any points in such one (1) city, town or suburbs thereof; provided, that this exemption does not apply to motor vehicles transporting petroleum products and other hazardous materials, in bulk, in tank trucks or trailers, for-hire, other than those owned or operated by any person, firm or corporation engaged on May 17, 1971, in providing such transport services, unless they are exempt under subdivision (a)(7). No funds received by the department under this section may be used for purposes of funding any retirement benefit for any person, to secure actuarial soundness, nor to improve any retirement plan or benefit; and provided further, that this exemption shall not apply to contract haulers engaged in the transportation of mobile homes; provided, that the contract haulers performing these services as prescribed by this chapter be given thirty (30) days to apply to the department for the authority to continue operation; (6) Limousines - in the limousine service; (7) Milk and other perishable farm products and livestock vehicles - for transporting or delivering milk or milk products from the producer thereof to the purchaser from the producer, or to any motor vehicle used casually, by the owner, to convey perishable farm products or livestock to market; (8) Newspaper delivery vehicles - to any motor vehicle used primarily in the transportation of newspapers, or to any motor vehicle used casually, by the owner, to deliver newspapers while going to or from work, or to any commercial motor vehicle whose commercial use is not now subject to regulation by the department and whose use to deliver newspapers is incidental to its primary use; (9) Passenger hauling demonstration projects - to any motor vehicle operated pursuant to department approved demonstration projects conducted by state, local municipalities, counties, or metropolitan governments when such demonstration projects are of limited duration and will meet transportation needs in the hauling of passengers; provided, that the department of safety may inspect such vehicles for purposes of safety, and such vehicles shall be subject to § 65-15-111 ; provided, that the department of safety may establish a minimum level of insurance coverage to be required of all vehicles operating pursuant to this subdivision (a)(9). Vehicles operating pursuant to this subdivision (a)(9) are subject to the inspection, control, and supervision fee as provided in § 65-15-112 . This subdivision (a)(9) does not apply in any county having a metropolitan form of government; (10) Railroad limousines and dray vehicles - for carrying persons and/or property between railroad depots and any points in any city, town or suburb thereof, in or adjacent to which such depot is located; (11) School and church vehicles - for transporting persons to or from school, Sunday school, church or religious services of any kind, upon special prearranged trips or excursions under the auspices of any religious or charitable organization; (12) Seasonal transportation of fertilizer for farm or dairy purposes - to any motor vehicle used on a seasonal basis to transport fertilizer to local dealers, farms, gins, or dairies for farm or dairy purposes; provided, that the department may inspect such vehicles for purposes of safety, and such vehicles shall be subject to § 65-15-111 ; (13) Sedans - in the sedan service; (14) Shuttles - in the shuttle service; (15) Taxicabs - in taxicab service; (16) Transportation of hot mix asphalt - to any motor vehicle while used in the transportation of hot mix asphalt when the owner, lessee or bailee of the vehicle is legally and regularly engaged in the business of selling or distributing such hot mix asphalt transported on such vehicle; provided, that the department of safety may inspect such motor vehicles for purpose of safety and such vehicles shall be subject to § 65-15-111 ; and provided further, that the department of safety is empowered to enforce this subdivision (a)(16) with respect to safety as if such vehicle were a common carrier; (17) Vehicles hauling ore, sand, gravel and other unprocessed products of the soil - to any motor vehicles used in the transportation of coal produced from mines located within this state, or products of the soil in unprocessed state, including, but not limited to, sand, gravel, chert or phosphate muck; (18) Vehicles hauling recovered materials - to any motor vehicle while used in the transportation of recovered materials from the point of generation to a processing facility or to the end-user of these materials or from the processing facility to the end-user of these materials; provided, that such vehicles shall be subject to the provisions of § 65-15-111 pertaining to safety regulation for motor vehicles. "Recovered materials" means those materials which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling. "Recovered materials" does not include any materials being transported to a landfill; or (19) Vehicles used in selling or distribution of petroleum products - to any motor vehicle while used in the transportation of petroleum products when the owner, lessee or bailee of the vehicle is legally and regularly engaged in the business of selling or distributing such petroleum products transported on such vehicle; provided, that the department of safety may inspect such motor vehicles for purposes of safety and such vehicles shall be subject to § 65-15-111 ; and provided further, that the rate charged by any person hauling petroleum products as excluded by this subdivision (a)(19) shall be no less than the rates set by the department for hauling petroleum products by common carriers; and provided further, that the department of safety is empowered to enforce the provisions of this subdivision (a)(19) with respect to safety and rates as if such vehicle was a common carrier including its powers under former § 65-15-121 [repealed].
(1) Airport limousines - for carrying persons and/or property between airport terminals and hotels, motels, and other designated points in any municipality, county or the suburb of the same served by such airport;
(2) Ambulances and hearses - in funerals or as ambulances;
(3) Charter vehicles - to any motor vehicle making casual trips on call or under contract, solicited by the party served, for the carrying of passengers; provided, that on such casual trips no operator shall be allowed to pick up any passengers along the route, nor be permitted on the return trip to carry any passengers other than those included in the original or outbound trip;
(4) Commuter vans - to any motor vehicle, except taxicabs or airport limousines, used primarily for hauling fifteen (15) or fewer passengers to and from their regular places of employment, or to the organizers, sponsors or promoters of such vehicles under [former] § 65-15-115 [repealed];
(5) Intracity transfer service - in-city transfer service by way of transporting property for-hire between points in any one (1) town, city or suburbs thereof, not over or along any definite, fixed, announced, or advertised routes between any points in such one (1) city, town or suburbs thereof; provided, that this exemption does not apply to motor vehicles transporting petroleum products and other hazardous materials, in bulk, in tank trucks or trailers, for-hire, other than those owned or operated by any person, firm or corporation engaged on May 17, 1971, in providing such transport services, unless they are exempt under subdivision (a)(7). No funds received by the department under this section may be used for purposes of funding any retirement benefit for any person, to secure actuarial soundness, nor to improve any retirement plan or benefit; and provided further, that this exemption shall not apply to contract haulers engaged in the transportation of mobile homes; provided, that the contract haulers performing these services as prescribed by this chapter be given thirty (30) days to apply to the department for the authority to continue operation;
(6) Limousines - in the limousine service;
(7) Milk and other perishable farm products and livestock vehicles - for transporting or delivering milk or milk products from the producer thereof to the purchaser from the producer, or to any motor vehicle used casually, by the owner, to convey perishable farm products or livestock to market;
(8) Newspaper delivery vehicles - to any motor vehicle used primarily in the transportation of newspapers, or to any motor vehicle used casually, by the owner, to deliver newspapers while going to or from work, or to any commercial motor vehicle whose commercial use is not now subject to regulation by the department and whose use to deliver newspapers is incidental to its primary use;
(9) Passenger hauling demonstration projects - to any motor vehicle operated pursuant to department approved demonstration projects conducted by state, local municipalities, counties, or metropolitan governments when such demonstration projects are of limited duration and will meet transportation needs in the hauling of passengers; provided, that the department of safety may inspect such vehicles for purposes of safety, and such vehicles shall be subject to § 65-15-111 ; provided, that the department of safety may establish a minimum level of insurance coverage to be required of all vehicles operating pursuant to this subdivision (a)(9). Vehicles operating pursuant to this subdivision (a)(9) are subject to the inspection, control, and supervision fee as provided in § 65-15-112 . This subdivision (a)(9) does not apply in any county having a metropolitan form of government;
(10) Railroad limousines and dray vehicles - for carrying persons and/or property between railroad depots and any points in any city, town or suburb thereof, in or adjacent to which such depot is located;
(11) School and church vehicles - for transporting persons to or from school, Sunday school, church or religious services of any kind, upon special prearranged trips or excursions under the auspices of any religious or charitable organization;
(12) Seasonal transportation of fertilizer for farm or dairy purposes - to any motor vehicle used on a seasonal basis to transport fertilizer to local dealers, farms, gins, or dairies for farm or dairy purposes; provided, that the department may inspect such vehicles for purposes of safety, and such vehicles shall be subject to § 65-15-111 ;
(13) Sedans - in the sedan service;
(14) Shuttles - in the shuttle service;
(15) Taxicabs - in taxicab service;
(16) Transportation of hot mix asphalt - to any motor vehicle while used in the transportation of hot mix asphalt when the owner, lessee or bailee of the vehicle is legally and regularly engaged in the business of selling or distributing such hot mix asphalt transported on such vehicle; provided, that the department of safety may inspect such motor vehicles for purpose of safety and such vehicles shall be subject to § 65-15-111 ; and provided further, that the department of safety is empowered to enforce this subdivision (a)(16) with respect to safety as if such vehicle were a common carrier;
(17) Vehicles hauling ore, sand, gravel and other unprocessed products of the soil - to any motor vehicles used in the transportation of coal produced from mines located within this state, or products of the soil in unprocessed state, including, but not limited to, sand, gravel, chert or phosphate muck;
(18) Vehicles hauling recovered materials - to any motor vehicle while used in the transportation of recovered materials from the point of generation to a processing facility or to the end-user of these materials or from the processing facility to the end-user of these materials; provided, that such vehicles shall be subject to the provisions of § 65-15-111 pertaining to safety regulation for motor vehicles. "Recovered materials" means those materials which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling. "Recovered materials" does not include any materials being transported to a landfill; or
(19) Vehicles used in selling or distribution of petroleum products - to any motor vehicle while used in the transportation of petroleum products when the owner, lessee or bailee of the vehicle is legally and regularly engaged in the business of selling or distributing such petroleum products transported on such vehicle; provided, that the department of safety may inspect such motor vehicles for purposes of safety and such vehicles shall be subject to § 65-15-111 ; and provided further, that the rate charged by any person hauling petroleum products as excluded by this subdivision (a)(19) shall be no less than the rates set by the department for hauling petroleum products by common carriers; and provided further, that the department of safety is empowered to enforce the provisions of this subdivision (a)(19) with respect to safety and rates as if such vehicle was a common carrier including its powers under former § 65-15-121 [repealed].
(b) In addition to the provisions of subsection (a), the provisions of this part, except those providing for safety inspection and safety rules and regulations for motor vehicles transporting hazardous materials, do not apply to contract haulers or motor vehicles of contract haulers, while used exclusively for transporting liquid asphalt or any product containing liquid asphalt as one (1) of its ingredients; provided, that the department of safety may inspect such motor vehicles for purposes of safety rules and regulations under § 65-15-111 .
Acts 1933, ch. 119, § 2; C. Supp. 1950, § 5501.2; Acts 1959, ch. 239, § 1; 1961, ch. 86, § 1; 1967, ch. 244, § 1; 1967, ch. 356, § 1; 1968, ch. 631, § 1; 1971, ch. 98, § 1; 1971, ch. 219, § 1; 1972, ch. 683, § 3; 1974, ch. 427, § 1; 1974, ch. 476, § 1; 1975, ch. 349, § 1; 1976, ch. 794, § 1; 1976, ch. 823, §§ 3, 4; 1977, ch. 163, § 1; 1977, ch. 275, § 1; 1979, ch. 424, § 1; T.C.A. (orig. ed.), § 65-1503; Acts 1982, ch. 622, § 2; 1992, ch. 590, § 1; 1994, ch. 705, § 3; 1994, ch. 774, § 2; 1995, ch. 305, § 30; 1999, ch. 97, §§ 2, 3; 2007 , ch. 484, § 99.
Tenn. Code Ann. § 65-30-107 — TN Code / Title 65 / Chapter 30 / Section 65-30-107
Rates
Status: in_force

The commission shall prescribe just and reasonable rates, charges and classifications for the services rendered by a radio common carrier to subscribers. Tariffs shall be in such form and filed and published in such manner and on such notice as the commission may prescribe. Acts 1972, ch. 641, § 9; T.C.A., § 65-3009; Acts 1995, ch. 305, § 40.
The commission shall prescribe just and reasonable rates, charges and classifications for the services rendered by a radio common carrier to subscribers. Tariffs shall be in such form and filed and published in such manner and on such notice as the commission may prescribe.
Acts 1972, ch. 641, § 9; T.C.A., § 65-3009; Acts 1995, ch. 305, § 40.
Tenn. Code Ann. § 65-11-105 — TN Code / Title 65 / Chapter 11 / Section 65-11-105
Form of railroad crossing sign
Status: in_force

The commissioner of transportation or the commissioner's designee, after conducting such hearing as is deemed appropriate, is empowered and directed to determine a standard railroad crossing sign for the state. Acts 1921, ch. 41, § 2; Shan. Supp., § 1593a1; mod. Code 1932, § 2659; impl. am. Acts 1955, ch. 69, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1105; Acts 1995, ch. 305, § 25.
The commissioner of transportation or the commissioner's designee, after conducting such hearing as is deemed appropriate, is empowered and directed to determine a standard railroad crossing sign for the state.
Acts 1921, ch. 41, § 2; Shan. Supp., § 1593a1; mod. Code 1932, § 2659; impl. am. Acts 1955, ch. 69, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed.), § 65-1105; Acts 1995, ch. 305, § 25.
Tenn. Code Ann. § 65-34-103 — TN Code / Title 65 / Chapter 34 / Section 65-34-103
Non-consumer owned electric systems - Expansion limits
Status: in_force

No non-consumer owned electric system may construct, acquire, or maintain facilities, lines, poles, or other equipment used or useful for the distribution or sale of electricity outside its current geographic territory, nor may any non-consumer owned electric system provide, by sale or otherwise, electricity to any parcel of land located outside its current geographic territory. Should a non-consumer owned electric system enter into an agreement authorized by § 65-34-108 , the current geographic territory of that non-consumer owned electric system and the current geographic territory of the municipal electric system or electric and community service cooperative system, which is a party to the agreement, shall be modified as provided in that agreement; provided, that nothing in this chapter shall restrict the construction, acquisition, or maintenance of facilities, lines, poles, or other equipment used exclusively in this state for the transmission or sale at wholesale of electricity to electric and community service cooperatives or municipal electric systems. Acts 1989, ch. 230, § 3.
No non-consumer owned electric system may construct, acquire, or maintain facilities, lines, poles, or other equipment used or useful for the distribution or sale of electricity outside its current geographic territory, nor may any non-consumer owned electric system provide, by sale or otherwise, electricity to any parcel of land located outside its current geographic territory. Should a non-consumer owned electric system enter into an agreement authorized by § 65-34-108 , the current geographic territory of that non-consumer owned electric system and the current geographic territory of the municipal electric system or electric and community service cooperative system, which is a party to the agreement, shall be modified as provided in that agreement; provided, that nothing in this chapter shall restrict the construction, acquisition, or maintenance of facilities, lines, poles, or other equipment used exclusively in this state for the transmission or sale at wholesale of electricity to electric and community service cooperatives or municipal electric systems.
Acts 1989, ch. 230, § 3.
Tenn. Code Ann. § 65-4-308 — TN Code / Title 65 / Chapter 4 / Section 65-4-308
Default
Status: in_force

In case of default in the payment of any fee, or part thereof, when the same shall become due, as provided in § 65-4-306 , any such public utility in default shall be liable for a penalty of ten percent (10%) per month or fraction thereof, on the amount of the fee, which may be recovered by suit of the state for every month it remains in default, and any such penalty, when collected, shall be deposited into the state treasury as a part of the utilities account; provided, that out of any such penalty, the commission may employ and pay counsel, who shall have power to institute suit in any court of competent jurisdiction for the recovery of such penalty, but in no event shall anything more than the penalty be allowed to such counsel for making such collections. Acts 1921, ch. 107, § 5; Shan. Supp., § 3059a106; Code 1932, § 5466; modified; Acts 1973, ch. 250, § 1; T.C.A. (orig. ed.), § 65-432; Acts 1995, ch. 305, § 20.
In case of default in the payment of any fee, or part thereof, when the same shall become due, as provided in § 65-4-306 , any such public utility in default shall be liable for a penalty of ten percent (10%) per month or fraction thereof, on the amount of the fee, which may be recovered by suit of the state for every month it remains in default, and any such penalty, when collected, shall be deposited into the state treasury as a part of the utilities account; provided, that out of any such penalty, the commission may employ and pay counsel, who shall have power to institute suit in any court of competent jurisdiction for the recovery of such penalty, but in no event shall anything more than the penalty be allowed to such counsel for making such collections.
Acts 1921, ch. 107, § 5; Shan. Supp., § 3059a106; Code 1932, § 5466; modified; Acts 1973, ch. 250, § 1; T.C.A. (orig. ed.), § 65-432; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-29-122 — TN Code / Title 65 / Chapter 29 / Section 65-29-122
Disposition of property - Authorized sources of indebtedness
Status: in_force

(a) A cooperative may not sell, mortgage, lease, or otherwise dispose of or encumber all or any major portion of its property unless such sale, mortgage, lease, or other disposition or encumbrance is authorized at a duly held meeting of the members thereof by the affirmative vote of not less than two-thirds (2/3) of all of the members of the cooperative, and unless the notice of such proposed sale, mortgage, lease, or other disposition or encumbrance shall have been contained in the notice of the meeting; provided, that notwithstanding anything herein contained, or any other law, the board of directors of a cooperative, without authorization by the members thereof, shall have full power and authority to authorize the execution and delivery of a mortgage or mortgages or deed or deeds of trust upon, or the pledging or encumbrancing of, any or all of the property, or assets of the cooperative, tangible or intangible, whether acquired or to be acquired, and wherever situated, as well as the revenues and income therefrom, all upon such terms and conditions as the board of directors shall determine, to secure any indebtedness of the cooperative to the United States or any instrumentality or agency thereof, which shall include but shall not be limited to the rural electrification administration and/or the rural telephone bank. (b) A cooperative may secure any of its indebtedness through: (1) The Rural Telephone Finance Corporation; (2) Any savings and loan association or savings bank, collectively referred to as savings institutions, or any bank chartered by this state; (3) Any national bank or federal savings institution that has its main office located in this state; or (4) Any national or state bank, or any federal or state savings institution that has its main office located outside this state and that maintains one (1) or more branches in this state which are authorized to accept federally insured deposits. For the purposes of this section, an automated teller machine or such other similar type receptacle or device shall not be considered a branch. (c) Notwithstanding subsections (a) and (b), only a cooperative having territorial boundaries solely within the northwestern counties of this state having a population of not less than thirty-two thousand four hundred (32,400) nor more than thirty-two thousand five hundred (32,500), not less than thirty-seven thousand two hundred (37,200) nor more than thirty-seven thousand three hundred (37,300), and not less than forty-eight thousand one hundred twenty-five (48,125) nor more than forty-eight thousand two hundred (48,200), all according to the 2000 federal census or any subsequent federal census, and having seven thousand (7,000) or fewer members subscribing to telephone services, may sell, merge, mortgage, lease, or otherwise dispose of or encumber all or any major portion of its property, so long as such sale, mortgage, lease, or other disposition or encumbrance is authorized at a duly held meeting of the members of the cooperative by the affirmative vote of not less than two-thirds (2/3) of the members voting on the disposition or encumbrance at such meeting, and so long as the notice of such proposed sale, merger, mortgage, lease, or other disposition or encumbrance is contained in the notice of the meeting. The provisions established by this subsection (c) may only be utilized by a Tennessee cooperative described within this subsection (c) and are not applicable to any other Tennessee cooperative. Acts 1961, ch. 330, § 21; 1973, ch. 157, § 3; T.C.A., § 65-2922; Acts 1999, ch. 307, §2; 2006, ch. 514, § 1.
(a) A cooperative may not sell, mortgage, lease, or otherwise dispose of or encumber all or any major portion of its property unless such sale, mortgage, lease, or other disposition or encumbrance is authorized at a duly held meeting of the members thereof by the affirmative vote of not less than two-thirds (2/3) of all of the members of the cooperative, and unless the notice of such proposed sale, mortgage, lease, or other disposition or encumbrance shall have been contained in the notice of the meeting; provided, that notwithstanding anything herein contained, or any other law, the board of directors of a cooperative, without authorization by the members thereof, shall have full power and authority to authorize the execution and delivery of a mortgage or mortgages or deed or deeds of trust upon, or the pledging or encumbrancing of, any or all of the property, or assets of the cooperative, tangible or intangible, whether acquired or to be acquired, and wherever situated, as well as the revenues and income therefrom, all upon such terms and conditions as the board of directors shall determine, to secure any indebtedness of the cooperative to the United States or any instrumentality or agency thereof, which shall include but shall not be limited to the rural electrification administration and/or the rural telephone bank.
(b) A cooperative may secure any of its indebtedness through: (1) The Rural Telephone Finance Corporation; (2) Any savings and loan association or savings bank, collectively referred to as savings institutions, or any bank chartered by this state; (3) Any national bank or federal savings institution that has its main office located in this state; or (4) Any national or state bank, or any federal or state savings institution that has its main office located outside this state and that maintains one (1) or more branches in this state which are authorized to accept federally insured deposits. For the purposes of this section, an automated teller machine or such other similar type receptacle or device shall not be considered a branch.
(1) The Rural Telephone Finance Corporation;
(2) Any savings and loan association or savings bank, collectively referred to as savings institutions, or any bank chartered by this state;
(3) Any national bank or federal savings institution that has its main office located in this state; or
(4) Any national or state bank, or any federal or state savings institution that has its main office located outside this state and that maintains one (1) or more branches in this state which are authorized to accept federally insured deposits. For the purposes of this section, an automated teller machine or such other similar type receptacle or device shall not be considered a branch.
(c) Notwithstanding subsections (a) and (b), only a cooperative having territorial boundaries solely within the northwestern counties of this state having a population of not less than thirty-two thousand four hundred (32,400) nor more than thirty-two thousand five hundred (32,500), not less than thirty-seven thousand two hundred (37,200) nor more than thirty-seven thousand three hundred (37,300), and not less than forty-eight thousand one hundred twenty-five (48,125) nor more than forty-eight thousand two hundred (48,200), all according to the 2000 federal census or any subsequent federal census, and having seven thousand (7,000) or fewer members subscribing to telephone services, may sell, merge, mortgage, lease, or otherwise dispose of or encumber all or any major portion of its property, so long as such sale, mortgage, lease, or other disposition or encumbrance is authorized at a duly held meeting of the members of the cooperative by the affirmative vote of not less than two-thirds (2/3) of the members voting on the disposition or encumbrance at such meeting, and so long as the notice of such proposed sale, merger, mortgage, lease, or other disposition or encumbrance is contained in the notice of the meeting. The provisions established by this subsection (c) may only be utilized by a Tennessee cooperative described within this subsection (c) and are not applicable to any other Tennessee cooperative.
Acts 1961, ch. 330, § 21; 1973, ch. 157, § 3; T.C.A., § 65-2922; Acts 1999, ch. 307, §2; 2006, ch. 514, § 1.
Tenn. Code Ann. § 65-25-120 — TN Code / Title 65 / Chapter 25 / Section 65-25-120
Dissolution
Status: in_force

(a) (1) A cooperative which has not commenced business may dissolve voluntarily by delivering to the secretary of state articles of dissolution, executed and acknowledged on behalf of the cooperative by a majority of the incorporators, which shall state: (A) The name of the cooperative; (B) The address of its principal office; (C) That the cooperative has not commenced business; (D) That the amount, if any, actually paid in on account of membership fees, less any part thereof disbursed for necessary expenses, has been returned to those entitled thereto and that all easements shall have been released to the grantors; (E) That no debt of the cooperative remains unpaid; and (F) That a majority of the incorporators elect that the cooperative be dissolved. (2) Such articles of dissolution shall be submitted to the secretary of state for filing as provided in this chapter. (b) (1) A cooperative which has commenced business may dissolve voluntarily and wind up its affairs in the following manner: Except as provided in § 65-25-113(a)(2)(D) , the board shall first recommend that the cooperative be dissolved, which recommendation shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative votes of: (A) If dissolution is or will be an incident of the sale, lease-sale or other disposition of the assets and properties of the cooperative, as many as but not fewer than the percentage of the cooperative's members required to authorize such sale, lease-sale or other disposition as provided in § 65-25-113(a)(1)(A)(i), (ii), (iii), (iv), (v) or (vi) , or § 65-25-113(b) or (c) , or § 65-25-114(a), (b) or (c) , whichever is applicable; or (B) If dissolution is or will be from any other cause, the number or percentage of its members, or of those voting, whichever may be the case, as provided in the cooperative's articles of incorporation or bylaws. (2) Any assets remaining after the discharge or provision for the discharge of all of the cooperative's liabilities and the distribution of any patronage capital still outstanding on its books shall be distributed on a pro rata basis and without priority to all present and former members of the cooperative to the extent practicable, as determined by the board; provided, that if the board determines that the amount of such surplus is so small in relation to the administrative cost of distributing it as to be prohibited, such surplus may be donated by the board to one (1) or more charitable or educational organizations which are exempt from federal income taxation. Acts 1988, ch. 689, §2; T.C.A. § 65-25-220 .
(a) (1) A cooperative which has not commenced business may dissolve voluntarily by delivering to the secretary of state articles of dissolution, executed and acknowledged on behalf of the cooperative by a majority of the incorporators, which shall state: (A) The name of the cooperative; (B) The address of its principal office; (C) That the cooperative has not commenced business; (D) That the amount, if any, actually paid in on account of membership fees, less any part thereof disbursed for necessary expenses, has been returned to those entitled thereto and that all easements shall have been released to the grantors; (E) That no debt of the cooperative remains unpaid; and (F) That a majority of the incorporators elect that the cooperative be dissolved. (2) Such articles of dissolution shall be submitted to the secretary of state for filing as provided in this chapter.
(1) A cooperative which has not commenced business may dissolve voluntarily by delivering to the secretary of state articles of dissolution, executed and acknowledged on behalf of the cooperative by a majority of the incorporators, which shall state: (A) The name of the cooperative; (B) The address of its principal office; (C) That the cooperative has not commenced business; (D) That the amount, if any, actually paid in on account of membership fees, less any part thereof disbursed for necessary expenses, has been returned to those entitled thereto and that all easements shall have been released to the grantors; (E) That no debt of the cooperative remains unpaid; and (F) That a majority of the incorporators elect that the cooperative be dissolved.
(A) The name of the cooperative;
(B) The address of its principal office;
(C) That the cooperative has not commenced business;
(D) That the amount, if any, actually paid in on account of membership fees, less any part thereof disbursed for necessary expenses, has been returned to those entitled thereto and that all easements shall have been released to the grantors;
(E) That no debt of the cooperative remains unpaid; and
(F) That a majority of the incorporators elect that the cooperative be dissolved.
(2) Such articles of dissolution shall be submitted to the secretary of state for filing as provided in this chapter.
(b) (1) A cooperative which has commenced business may dissolve voluntarily and wind up its affairs in the following manner: Except as provided in § 65-25-113(a)(2)(D) , the board shall first recommend that the cooperative be dissolved, which recommendation shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative votes of: (A) If dissolution is or will be an incident of the sale, lease-sale or other disposition of the assets and properties of the cooperative, as many as but not fewer than the percentage of the cooperative's members required to authorize such sale, lease-sale or other disposition as provided in § 65-25-113(a)(1)(A)(i), (ii), (iii), (iv), (v) or (vi) , or § 65-25-113(b) or (c) , or § 65-25-114(a), (b) or (c) , whichever is applicable; or (B) If dissolution is or will be from any other cause, the number or percentage of its members, or of those voting, whichever may be the case, as provided in the cooperative's articles of incorporation or bylaws. (2) Any assets remaining after the discharge or provision for the discharge of all of the cooperative's liabilities and the distribution of any patronage capital still outstanding on its books shall be distributed on a pro rata basis and without priority to all present and former members of the cooperative to the extent practicable, as determined by the board; provided, that if the board determines that the amount of such surplus is so small in relation to the administrative cost of distributing it as to be prohibited, such surplus may be donated by the board to one (1) or more charitable or educational organizations which are exempt from federal income taxation.
(1) A cooperative which has commenced business may dissolve voluntarily and wind up its affairs in the following manner: Except as provided in § 65-25-113(a)(2)(D) , the board shall first recommend that the cooperative be dissolved, which recommendation shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative votes of: (A) If dissolution is or will be an incident of the sale, lease-sale or other disposition of the assets and properties of the cooperative, as many as but not fewer than the percentage of the cooperative's members required to authorize such sale, lease-sale or other disposition as provided in § 65-25-113(a)(1)(A)(i), (ii), (iii), (iv), (v) or (vi) , or § 65-25-113(b) or (c) , or § 65-25-114(a), (b) or (c) , whichever is applicable; or (B) If dissolution is or will be from any other cause, the number or percentage of its members, or of those voting, whichever may be the case, as provided in the cooperative's articles of incorporation or bylaws.
(A) If dissolution is or will be an incident of the sale, lease-sale or other disposition of the assets and properties of the cooperative, as many as but not fewer than the percentage of the cooperative's members required to authorize such sale, lease-sale or other disposition as provided in § 65-25-113(a)(1)(A)(i), (ii), (iii), (iv), (v) or (vi) , or § 65-25-113(b) or (c) , or § 65-25-114(a), (b) or (c) , whichever is applicable; or
(B) If dissolution is or will be from any other cause, the number or percentage of its members, or of those voting, whichever may be the case, as provided in the cooperative's articles of incorporation or bylaws.
(2) Any assets remaining after the discharge or provision for the discharge of all of the cooperative's liabilities and the distribution of any patronage capital still outstanding on its books shall be distributed on a pro rata basis and without priority to all present and former members of the cooperative to the extent practicable, as determined by the board; provided, that if the board determines that the amount of such surplus is so small in relation to the administrative cost of distributing it as to be prohibited, such surplus may be donated by the board to one (1) or more charitable or educational organizations which are exempt from federal income taxation.
Acts 1988, ch. 689, §2; T.C.A. § 65-25-220 .
Tenn. Code Ann. § 65-6-112 — TN Code / Title 65 / Chapter 6 / Section 65-6-112
Existing rights-of-way unaffected
Status: in_force

Nothing contained in § 65-6-107 , § 65-6-108 , § 65-6-110 , or § 65-6-111 , shall be construed to affect any rights railroad companies, whose roads are already constructed and being operated, may have in respect to rights-of-way over which railroads are already being operated, it being the intention of such sections not, in any manner, to add to or take from such rights as they may have in those rights-of-way, but to apply only to roads or extensions or branch roads to be built. Acts 1899, ch. 399, § 2; Shan., § 1880a6; Code 1932, § 3151; T.C.A. (orig. ed.), § 65-613.
Nothing contained in § 65-6-107 , § 65-6-108 , § 65-6-110 , or § 65-6-111 , shall be construed to affect any rights railroad companies, whose roads are already constructed and being operated, may have in respect to rights-of-way over which railroads are already being operated, it being the intention of such sections not, in any manner, to add to or take from such rights as they may have in those rights-of-way, but to apply only to roads or extensions or branch roads to be built.
Acts 1899, ch. 399, § 2; Shan., § 1880a6; Code 1932, § 3151; T.C.A. (orig. ed.), § 65-613.
Tenn. Code Ann. § 65-22-106 — TN Code / Title 65 / Chapter 22 / Section 65-22-106
Consolidation
Status: in_force

A corporation organized to engage in the business of a water company, may combine in its charter the powers, duties and liabilities of a lighting and power company, and engage in the latter business; and vice versa. Mod. Code 1932, § 4075; T.C.A. (orig. ed.), § 65-2209.
A corporation organized to engage in the business of a water company, may combine in its charter the powers, duties and liabilities of a lighting and power company, and engage in the latter business; and vice versa.
Mod. Code 1932, § 4075; T.C.A. (orig. ed.), § 65-2209.
Tenn. Code Ann. § 65-6-201 — TN Code / Title 65 / Chapter 6 / Section 65-6-201
Minimum clearance requirements
Status: in_force

(a) The minimum clearance requirements for all railroads operating in this state, in the construction or relocation subsequent to April 13, 1949, of tracks, tunnels, bridges, or structures adjacent to tracks, shall be as described in this part, except as otherwise provided. (b) No railroad corporation shall operate any cars, trains, motors, engines, or other rolling equipment on its tracks, or tracks of others, except as provided in this part, on which overhead or side clearances, or clearances between tracks, are less than the minimum prescribed in this part, if such tracks, bridges, tunnels or structures adjacent to such track are constructed or relocated subsequent to April 13, 1949. Acts 1949, ch. 178, § 1; C. Supp. 1950, § 2670.1; T.C.A. (orig. ed.), § 65-623.
(a) The minimum clearance requirements for all railroads operating in this state, in the construction or relocation subsequent to April 13, 1949, of tracks, tunnels, bridges, or structures adjacent to tracks, shall be as described in this part, except as otherwise provided.
(b) No railroad corporation shall operate any cars, trains, motors, engines, or other rolling equipment on its tracks, or tracks of others, except as provided in this part, on which overhead or side clearances, or clearances between tracks, are less than the minimum prescribed in this part, if such tracks, bridges, tunnels or structures adjacent to such track are constructed or relocated subsequent to April 13, 1949.
Acts 1949, ch. 178, § 1; C. Supp. 1950, § 2670.1; T.C.A. (orig. ed.), § 65-623.
Tenn. Code Ann. § 65-31-114 — TN Code / Title 65 / Chapter 31 / Section 65-31-114
Underground utility damage enforcement board - Executive committee
Status: in_force

(a) There is created within the Tennessee public utility commission, created by § 65-1-101 , an underground utility damage enforcement board for the purpose of enforcing this chapter. (b) The Tennessee public utility commission will provide administrative and investigative support for the board, both subject to concurrence by the board. Pursuant to § 65-2-122 , the Tennessee public utility commission shall charge the expenses associated with the administration and investigative duties of the board back to the board, subject to concurrence by the board. (c) The board shall be composed of seventeen (17) members. Except for initial appointments, members who are not ex officio members shall be appointed to four-year terms. Appointments to the board shall be made as follows: (1) The president of Tennessee One-Call, Inc., or the president's designee, who shall be a voting, ex officio member; (2) One (1) member shall be a person representing the interests of Tennessee natural gas distribution systems, to be appointed by the governor, whose initial term shall be four (4) years. In considering appointees, the governor shall review a list of qualified persons submitted by the Tennessee Gas Association; (3) One (1) member shall be a person representing the interests of Tennessee utility districts, to be appointed by the speaker of the senate, whose initial term shall be four (4) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Association of Utility Districts; (4) One (1) member shall be a person representing the interests of the Tennessee cable industry, to be appointed by the speaker of the house of representatives, whose initial term shall be four (4) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Cable and Telecommunications Association; (5) One (1) member shall be a person representing the interests of large Tennessee incumbent local exchange carriers with more than one hundred thousand (100,000) customers, to be appointed by the speaker of the house of representatives, whose initial term shall be four (4) years; (6) One (1) member shall be a person who represents the interests of public utilities, as defined in § 65-4-101 , and who provides water or wastewater services, to be appointed by the speaker of the senate, whose initial term shall be four (4) years; (7) One (1) member shall be a person representing the interests of Tennessee towns and cities, to be appointed by the governor whose initial term shall be three (3) years. In considering appointees, the governor shall review a list of qualified persons submitted by the Tennessee Municipal League; (8) One (1) member shall be a person representing the interests of small Tennessee incumbent local exchange carriers, to be appointed by the speaker of the senate, whose initial term shall be three (3) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Telecommunications Association; (9) One (1) member shall be a person representing the interests of Tennessee counties, to be appointed by the speaker of the house of representatives, whose initial term shall be three (3) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee County Services Association; (10) One (1) member shall be a person representing the interests of Tennessee road builders, to be appointed by the governor, whose initial term shall be three (3) years. In considering appointees, the governor shall review a list of qualified persons submitted by the Tennessee Road Builders Association; (11) One (1) member shall be a person representing the interests of the excavation industry, to be appointed by the speaker of the senate, whose initial term shall be two (2) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Associated Builders and Contractors of Tennessee; (12) One (1) member shall be a person representing the interests of interstate pipelines, to be appointed by the speaker of the house of representatives, whose initial term shall be two (2) years; (13) One (1) member shall be a private property owner representing agricultural or homeowners' interests, to be appointed by the governor, whose initial term shall be two (2) years; (14) One (1) member shall be a person representing the interests of municipal electric utilities with underground facilities, to be appointed by the speaker of the senate, whose initial term shall be two (2) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Municipal Electric Power Association; (15) One (1) member shall be a person representing the interests of cooperative electric systems with underground facilities, to be appointed by the speaker of the house of representatives, whose initial term shall be two (2) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Electric Cooperative Association; (16) One (1) member shall be a person who represents the interests of public utilities, as defined in § 65-4-101 , and who provides electric power services, to be appointed by the governor, whose initial term shall be four (4) years; and (17) One (1) member shall be a person representing the interests of contract locators, to be appointed by the speaker of the senate, whose initial term shall be four (4) years. (d) Every two (2) years, the board shall elect a chair from among its members and other officers as the board deems necessary. (e) The members of the board shall serve without compensation. (f) (1) The board shall elect an executive committee, which shall be responsible for levying civil penalties and taking action as described in § 65-31-116 . (2) The executive committee is composed of five (5) members of the board as follows: (A) One (1) member from subdivision (c)(10), (c)(11), or (c)(13); (B) One (1) member from a local government; (C) One (1) member from a utility; and (D) Two (2) members from the remaining members of the board. (3) (A) Except as provided in subdivision (f)(3)(B), a member serving on the executive committee shall be limited to two (2) consecutive three-year terms. (B) In order to stagger the terms of the members serving on the executive committee, the members serving on the executive committee as of April 12, 2018, shall be appointed as follows: (i) The person appointed under subdivision (f)(2)(A) shall serve a term of one (1) year, which shall expire on June 30, 2019; (ii) The person appointed under subdivision (f)(2)(B) shall serve a term of two (2) years, which shall expire on June 30, 2020; and (iii) The person appointed under subdivision (f)(2)(C) shall serve a term of three (3) years, which shall expire on June 30, 2021. (C) Following the expiration of members' terms as prescribed in subdivision (f)(3)(B), a member serving on the executive committee shall be limited to two (2) consecutive three-year terms. (g) The board and the executive committee may hold meetings and vote by telephone, television, or other electronic means. Amended by 2023 Tenn. Acts, ch. 224, s 1, eff. 4/25/2023. Amended by 2021 Tenn. Acts, ch. 307, s 8, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 716, Secs.s 7, s 8eff. 4/12/2018. Amended by 2017 Tenn. Acts, ch. 94, s 64, eff. 4/4/2017. Amended by 2015 Tenn. Acts, ch. 488, s 7, eff. 5/20/2015. Added by 2013 Tenn. Acts, ch. 65, s 1, eff. 4/1/2013.
(a) There is created within the Tennessee public utility commission, created by § 65-1-101 , an underground utility damage enforcement board for the purpose of enforcing this chapter.
(b) The Tennessee public utility commission will provide administrative and investigative support for the board, both subject to concurrence by the board. Pursuant to § 65-2-122 , the Tennessee public utility commission shall charge the expenses associated with the administration and investigative duties of the board back to the board, subject to concurrence by the board.
(c) The board shall be composed of seventeen (17) members. Except for initial appointments, members who are not ex officio members shall be appointed to four-year terms. Appointments to the board shall be made as follows: (1) The president of Tennessee One-Call, Inc., or the president's designee, who shall be a voting, ex officio member; (2) One (1) member shall be a person representing the interests of Tennessee natural gas distribution systems, to be appointed by the governor, whose initial term shall be four (4) years. In considering appointees, the governor shall review a list of qualified persons submitted by the Tennessee Gas Association; (3) One (1) member shall be a person representing the interests of Tennessee utility districts, to be appointed by the speaker of the senate, whose initial term shall be four (4) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Association of Utility Districts; (4) One (1) member shall be a person representing the interests of the Tennessee cable industry, to be appointed by the speaker of the house of representatives, whose initial term shall be four (4) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Cable and Telecommunications Association; (5) One (1) member shall be a person representing the interests of large Tennessee incumbent local exchange carriers with more than one hundred thousand (100,000) customers, to be appointed by the speaker of the house of representatives, whose initial term shall be four (4) years; (6) One (1) member shall be a person who represents the interests of public utilities, as defined in § 65-4-101 , and who provides water or wastewater services, to be appointed by the speaker of the senate, whose initial term shall be four (4) years; (7) One (1) member shall be a person representing the interests of Tennessee towns and cities, to be appointed by the governor whose initial term shall be three (3) years. In considering appointees, the governor shall review a list of qualified persons submitted by the Tennessee Municipal League; (8) One (1) member shall be a person representing the interests of small Tennessee incumbent local exchange carriers, to be appointed by the speaker of the senate, whose initial term shall be three (3) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Telecommunications Association; (9) One (1) member shall be a person representing the interests of Tennessee counties, to be appointed by the speaker of the house of representatives, whose initial term shall be three (3) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee County Services Association; (10) One (1) member shall be a person representing the interests of Tennessee road builders, to be appointed by the governor, whose initial term shall be three (3) years. In considering appointees, the governor shall review a list of qualified persons submitted by the Tennessee Road Builders Association; (11) One (1) member shall be a person representing the interests of the excavation industry, to be appointed by the speaker of the senate, whose initial term shall be two (2) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Associated Builders and Contractors of Tennessee; (12) One (1) member shall be a person representing the interests of interstate pipelines, to be appointed by the speaker of the house of representatives, whose initial term shall be two (2) years; (13) One (1) member shall be a private property owner representing agricultural or homeowners' interests, to be appointed by the governor, whose initial term shall be two (2) years; (14) One (1) member shall be a person representing the interests of municipal electric utilities with underground facilities, to be appointed by the speaker of the senate, whose initial term shall be two (2) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Municipal Electric Power Association; (15) One (1) member shall be a person representing the interests of cooperative electric systems with underground facilities, to be appointed by the speaker of the house of representatives, whose initial term shall be two (2) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Electric Cooperative Association; (16) One (1) member shall be a person who represents the interests of public utilities, as defined in § 65-4-101 , and who provides electric power services, to be appointed by the governor, whose initial term shall be four (4) years; and (17) One (1) member shall be a person representing the interests of contract locators, to be appointed by the speaker of the senate, whose initial term shall be four (4) years.
(1) The president of Tennessee One-Call, Inc., or the president's designee, who shall be a voting, ex officio member;
(2) One (1) member shall be a person representing the interests of Tennessee natural gas distribution systems, to be appointed by the governor, whose initial term shall be four (4) years. In considering appointees, the governor shall review a list of qualified persons submitted by the Tennessee Gas Association;
(3) One (1) member shall be a person representing the interests of Tennessee utility districts, to be appointed by the speaker of the senate, whose initial term shall be four (4) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Association of Utility Districts;
(4) One (1) member shall be a person representing the interests of the Tennessee cable industry, to be appointed by the speaker of the house of representatives, whose initial term shall be four (4) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Cable and Telecommunications Association;
(5) One (1) member shall be a person representing the interests of large Tennessee incumbent local exchange carriers with more than one hundred thousand (100,000) customers, to be appointed by the speaker of the house of representatives, whose initial term shall be four (4) years;
(6) One (1) member shall be a person who represents the interests of public utilities, as defined in § 65-4-101 , and who provides water or wastewater services, to be appointed by the speaker of the senate, whose initial term shall be four (4) years;
(7) One (1) member shall be a person representing the interests of Tennessee towns and cities, to be appointed by the governor whose initial term shall be three (3) years. In considering appointees, the governor shall review a list of qualified persons submitted by the Tennessee Municipal League;
(8) One (1) member shall be a person representing the interests of small Tennessee incumbent local exchange carriers, to be appointed by the speaker of the senate, whose initial term shall be three (3) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Telecommunications Association;
(9) One (1) member shall be a person representing the interests of Tennessee counties, to be appointed by the speaker of the house of representatives, whose initial term shall be three (3) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee County Services Association;
(10) One (1) member shall be a person representing the interests of Tennessee road builders, to be appointed by the governor, whose initial term shall be three (3) years. In considering appointees, the governor shall review a list of qualified persons submitted by the Tennessee Road Builders Association;
(11) One (1) member shall be a person representing the interests of the excavation industry, to be appointed by the speaker of the senate, whose initial term shall be two (2) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Associated Builders and Contractors of Tennessee;
(12) One (1) member shall be a person representing the interests of interstate pipelines, to be appointed by the speaker of the house of representatives, whose initial term shall be two (2) years;
(13) One (1) member shall be a private property owner representing agricultural or homeowners' interests, to be appointed by the governor, whose initial term shall be two (2) years;
(14) One (1) member shall be a person representing the interests of municipal electric utilities with underground facilities, to be appointed by the speaker of the senate, whose initial term shall be two (2) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Municipal Electric Power Association;
(15) One (1) member shall be a person representing the interests of cooperative electric systems with underground facilities, to be appointed by the speaker of the house of representatives, whose initial term shall be two (2) years. In considering appointees, the speaker shall review a list of qualified persons submitted by the Tennessee Electric Cooperative Association;
(16) One (1) member shall be a person who represents the interests of public utilities, as defined in § 65-4-101 , and who provides electric power services, to be appointed by the governor, whose initial term shall be four (4) years; and
(17) One (1) member shall be a person representing the interests of contract locators, to be appointed by the speaker of the senate, whose initial term shall be four (4) years.
(d) Every two (2) years, the board shall elect a chair from among its members and other officers as the board deems necessary.
(e) The members of the board shall serve without compensation.
(f) (1) The board shall elect an executive committee, which shall be responsible for levying civil penalties and taking action as described in § 65-31-116 . (2) The executive committee is composed of five (5) members of the board as follows: (A) One (1) member from subdivision (c)(10), (c)(11), or (c)(13); (B) One (1) member from a local government; (C) One (1) member from a utility; and (D) Two (2) members from the remaining members of the board. (3) (A) Except as provided in subdivision (f)(3)(B), a member serving on the executive committee shall be limited to two (2) consecutive three-year terms. (B) In order to stagger the terms of the members serving on the executive committee, the members serving on the executive committee as of April 12, 2018, shall be appointed as follows: (i) The person appointed under subdivision (f)(2)(A) shall serve a term of one (1) year, which shall expire on June 30, 2019; (ii) The person appointed under subdivision (f)(2)(B) shall serve a term of two (2) years, which shall expire on June 30, 2020; and (iii) The person appointed under subdivision (f)(2)(C) shall serve a term of three (3) years, which shall expire on June 30, 2021. (C) Following the expiration of members' terms as prescribed in subdivision (f)(3)(B), a member serving on the executive committee shall be limited to two (2) consecutive three-year terms.
(1) The board shall elect an executive committee, which shall be responsible for levying civil penalties and taking action as described in § 65-31-116 .
(2) The executive committee is composed of five (5) members of the board as follows: (A) One (1) member from subdivision (c)(10), (c)(11), or (c)(13); (B) One (1) member from a local government; (C) One (1) member from a utility; and (D) Two (2) members from the remaining members of the board.
(A) One (1) member from subdivision (c)(10), (c)(11), or (c)(13);
(B) One (1) member from a local government;
(C) One (1) member from a utility; and
(D) Two (2) members from the remaining members of the board.
(3) (A) Except as provided in subdivision (f)(3)(B), a member serving on the executive committee shall be limited to two (2) consecutive three-year terms. (B) In order to stagger the terms of the members serving on the executive committee, the members serving on the executive committee as of April 12, 2018, shall be appointed as follows: (i) The person appointed under subdivision (f)(2)(A) shall serve a term of one (1) year, which shall expire on June 30, 2019; (ii) The person appointed under subdivision (f)(2)(B) shall serve a term of two (2) years, which shall expire on June 30, 2020; and (iii) The person appointed under subdivision (f)(2)(C) shall serve a term of three (3) years, which shall expire on June 30, 2021. (C) Following the expiration of members' terms as prescribed in subdivision (f)(3)(B), a member serving on the executive committee shall be limited to two (2) consecutive three-year terms.
(A) Except as provided in subdivision (f)(3)(B), a member serving on the executive committee shall be limited to two (2) consecutive three-year terms.
(B) In order to stagger the terms of the members serving on the executive committee, the members serving on the executive committee as of April 12, 2018, shall be appointed as follows: (i) The person appointed under subdivision (f)(2)(A) shall serve a term of one (1) year, which shall expire on June 30, 2019; (ii) The person appointed under subdivision (f)(2)(B) shall serve a term of two (2) years, which shall expire on June 30, 2020; and (iii) The person appointed under subdivision (f)(2)(C) shall serve a term of three (3) years, which shall expire on June 30, 2021.
(i) The person appointed under subdivision (f)(2)(A) shall serve a term of one (1) year, which shall expire on June 30, 2019;
(ii) The person appointed under subdivision (f)(2)(B) shall serve a term of two (2) years, which shall expire on June 30, 2020; and
(iii) The person appointed under subdivision (f)(2)(C) shall serve a term of three (3) years, which shall expire on June 30, 2021.
(C) Following the expiration of members' terms as prescribed in subdivision (f)(3)(B), a member serving on the executive committee shall be limited to two (2) consecutive three-year terms.
(g) The board and the executive committee may hold meetings and vote by telephone, television, or other electronic means.
Amended by 2023 Tenn. Acts, ch. 224, s 1, eff. 4/25/2023.
Amended by 2021 Tenn. Acts, ch. 307, s 8, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 716, Secs.s 7, s 8eff. 4/12/2018.
Amended by 2017 Tenn. Acts, ch. 94, s 64, eff. 4/4/2017.
Amended by 2015 Tenn. Acts, ch. 488, s 7, eff. 5/20/2015.
Added by 2013 Tenn. Acts, ch. 65, s 1, eff. 4/1/2013.
Tenn. Code Ann. § 65-3-203 — TN Code / Title 65 / Chapter 3 / Section 65-3-203
Default
Status: in_force

In case of default in the payment of any such fee, or part thereof, when the same shall become due, as provided in this part, any railroad in default shall be liable to a penalty of ten percent (10%) per month on the amount of the fee, which may be recovered by suit of the state for every month it remains in default, and any such penalty, when collected, is to be deposited in the state treasury as part of the railroad account. Acts 1970, ch. 599, § 1(7); T.C.A., § 65-334; Acts 1995, ch. 305, § 10.
In case of default in the payment of any such fee, or part thereof, when the same shall become due, as provided in this part, any railroad in default shall be liable to a penalty of ten percent (10%) per month on the amount of the fee, which may be recovered by suit of the state for every month it remains in default, and any such penalty, when collected, is to be deposited in the state treasury as part of the railroad account.
Acts 1970, ch. 599, § 1(7); T.C.A., § 65-334; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-28-202 — TN Code / Title 65 / Chapter 28 / Section 65-28-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Landfill methane" means the methane gas constituent of naturally-occurring emissions in gaseous form emanating from any landfill, whether such landfill is in current operation accepting additional fill material or is closed and not accepting any additional fill material, and whether or not any such landfill has or is required to have any collection system for the collection of landfill gas, including the landfill methane component of landfill gas. "Landfill methane" means the methane component of landfill gas, both before and after such component may be extracted from the landfill gas, as the context may require; and (2) "Person" means any person, firm, corporation or other legal entity of any kind, including this state, every county in this state, and every municipality in this state. Acts 2005, ch. 361, § 3.
As used in this part, unless the context otherwise requires:
(1) "Landfill methane" means the methane gas constituent of naturally-occurring emissions in gaseous form emanating from any landfill, whether such landfill is in current operation accepting additional fill material or is closed and not accepting any additional fill material, and whether or not any such landfill has or is required to have any collection system for the collection of landfill gas, including the landfill methane component of landfill gas. "Landfill methane" means the methane component of landfill gas, both before and after such component may be extracted from the landfill gas, as the context may require; and
(2) "Person" means any person, firm, corporation or other legal entity of any kind, including this state, every county in this state, and every municipality in this state.
Acts 2005, ch. 361, § 3.
Tenn. Code Ann. § 65-6-120 — TN Code / Title 65 / Chapter 6 / Section 65-6-120
Construction of railroad on county highways
Status: in_force

It is unlawful for any corporation or person to construct or use an ordinary railroad for the transportation of freight and passengers upon any county road or county highway of this state, without the consent of the county legislative body of the county in which the road lies. Before it is lawful for the county legislative body to give such consent, the corporation desiring to construct such railroad shall procure and file with the county legislative body the written consent of the owners of the lands abutting upon such road or highway, aggregating in such abutting length at least one-half (½) of all the lands in value, such value to be the value of the abutting lands running back from such road two hundred feet (200') upon both sides of the road to be occupied by the railroad. Any ordinary railroad constructed upon such county road or highway, without the consent of the county legislative body first lawfully obtained, shall be considered a nuisance, and liable to be treated as such, both by the public authorities and by private persons. But when the consent of the county legislative body has been first lawfully obtained, such railroad may be lawfully constructed and operated upon such road or highway under such restrictions as to the manner of construction and mode of use as the county legislative body may see fit to impose in granting the license; provided, that railroads already constructed upon any road or highway of this state under a license of the county legislative body are declared to be lawfully constructed, and this section shall not be construed as requiring a new license from the county legislative body for such construction or operation under its provisions. Acts 1889, ch. 226, § 1; Shan., § 1879; Code 1932, § 3144; impl. am. Acts 1978 ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-631.
It is unlawful for any corporation or person to construct or use an ordinary railroad for the transportation of freight and passengers upon any county road or county highway of this state, without the consent of the county legislative body of the county in which the road lies. Before it is lawful for the county legislative body to give such consent, the corporation desiring to construct such railroad shall procure and file with the county legislative body the written consent of the owners of the lands abutting upon such road or highway, aggregating in such abutting length at least one-half (½) of all the lands in value, such value to be the value of the abutting lands running back from such road two hundred feet (200') upon both sides of the road to be occupied by the railroad. Any ordinary railroad constructed upon such county road or highway, without the consent of the county legislative body first lawfully obtained, shall be considered a nuisance, and liable to be treated as such, both by the public authorities and by private persons. But when the consent of the county legislative body has been first lawfully obtained, such railroad may be lawfully constructed and operated upon such road or highway under such restrictions as to the manner of construction and mode of use as the county legislative body may see fit to impose in granting the license; provided, that railroads already constructed upon any road or highway of this state under a license of the county legislative body are declared to be lawfully constructed, and this section shall not be construed as requiring a new license from the county legislative body for such construction or operation under its provisions.
Acts 1889, ch. 226, § 1; Shan., § 1879; Code 1932, § 3144; impl. am. Acts 1978 ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-631.
Tenn. Code Ann. § 65-25-135 — TN Code / Title 65 / Chapter 25 / Section 65-25-135
Retail sales and distribution of liquefied petroleum gas
Status: in_force

(a) Notwithstanding any other law to the contrary, an electric cooperative may enter into or remain in the retail sales and distribution of liquefied petroleum gas (propane) and the services related to such business, including, but not limited to, the design, sale, distribution, lease, rental, installation, construction, modernization, retrofit, maintenance or repair of propane gas-related systems, propane gas products or propane gas equipment; provided, however, that such sales, distribution and services must be provided by a for-profit entity which, for purposes of this section shall mean a corporation, a limited liability company, a limited partnership, or a limited liability partnership. (b) The for-profit entity must maintain separate financial records. The cost of all equipment, assets, and services utilized by the for-profit entity in the sale and distribution of propane shall be fairly allocated to the for-profit entity; provided, however, that any equipment or assets utilized solely by the for-profit entity for the sale and distribution of propane shall be leased or purchased by the for-profit entity. There shall be no loans or grants to the for-profit entity from an electric cooperative unless such loans and grants shall be repaid together with fair market rate interest charges by the for-profit entity. The for-profit entity shall be liable for taxes, both state and federal, if applicable. All costs of doing business shall be borne by the for-profit entity. (c) Any person who has been damaged as a result of a violation of this section may bring an action to enjoin and restrain any violation of subsections (a) and (b) and may in the same action seek damages in a court of competent jurisdiction against the for-profit entity. Available relief shall include, but not be limited to, monetary damages and injunctive relief. (d) This section shall not apply to the sale and distribution of propane in relation to or for use in fuel cell or other power generation devices. Acts 2002, ch. 721, §§ 1 - 4; T.C.A. § 65-25-235 .
(a) Notwithstanding any other law to the contrary, an electric cooperative may enter into or remain in the retail sales and distribution of liquefied petroleum gas (propane) and the services related to such business, including, but not limited to, the design, sale, distribution, lease, rental, installation, construction, modernization, retrofit, maintenance or repair of propane gas-related systems, propane gas products or propane gas equipment; provided, however, that such sales, distribution and services must be provided by a for-profit entity which, for purposes of this section shall mean a corporation, a limited liability company, a limited partnership, or a limited liability partnership.
(b) The for-profit entity must maintain separate financial records. The cost of all equipment, assets, and services utilized by the for-profit entity in the sale and distribution of propane shall be fairly allocated to the for-profit entity; provided, however, that any equipment or assets utilized solely by the for-profit entity for the sale and distribution of propane shall be leased or purchased by the for-profit entity. There shall be no loans or grants to the for-profit entity from an electric cooperative unless such loans and grants shall be repaid together with fair market rate interest charges by the for-profit entity. The for-profit entity shall be liable for taxes, both state and federal, if applicable. All costs of doing business shall be borne by the for-profit entity.
(c) Any person who has been damaged as a result of a violation of this section may bring an action to enjoin and restrain any violation of subsections (a) and (b) and may in the same action seek damages in a court of competent jurisdiction against the for-profit entity. Available relief shall include, but not be limited to, monetary damages and injunctive relief.
(d) This section shall not apply to the sale and distribution of propane in relation to or for use in fuel cell or other power generation devices.
Acts 2002, ch. 721, §§ 1 - 4; T.C.A. § 65-25-235 .
Tenn. Code Ann. § 65-29-115 — TN Code / Title 65 / Chapter 29 / Section 65-29-115
Merger
Status: in_force

Any 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 of the merging cooperatives into the surviving cooperative and proposed articles of merger to give effect thereto shall be first approved by the board of directors of each merging cooperative and the board of directors 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 the issuance of certificates of membership in respect of such converted memberships; 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 of the merging cooperatives into the surviving cooperative and the proposed articles of merger approved by the board of directors of the respective cooperatives, parties to the proposed merger, shall then be submitted to a vote of the members of each such cooperative at any annual or special meeting 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 deemed to be approved upon the affirmative vote of not less than two-thirds (2/3) of those members of each cooperative voting thereon at such meeting; (3) Upon such approval by the members of the respective cooperatives, parties to the proposed merger, 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 its seal shall be affixed thereto and attested by its secretary. The president or vice president of each cooperative executing such articles of merger shall also make and annex thereto an affidavit stating that this section was duly complied with by such cooperative. Such articles of merger and affidavits shall be submitted to the secretary of state for filing as provided in this chapter. Acts 1961, ch. 330, § 14; T.C.A., § 65-2915.
Any 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 of the merging cooperatives into the surviving cooperative and proposed articles of merger to give effect thereto shall be first approved by the board of directors of each merging cooperative and the board of directors 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 the issuance of certificates of membership in respect of such converted memberships; 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 the issuance of certificates of membership in respect of such converted memberships; 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 of the merging cooperatives into the surviving cooperative and the proposed articles of merger approved by the board of directors of the respective cooperatives, parties to the proposed merger, shall then be submitted to a vote of the members of each such cooperative at any annual or special meeting 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 deemed to be approved upon the affirmative vote of not less than two-thirds (2/3) of those members of each cooperative voting thereon at such meeting;
(3) Upon such approval by the members of the respective cooperatives, parties to the proposed merger, 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 its seal shall be affixed thereto and attested by its secretary. The president or vice president of each cooperative executing such articles of merger shall also make and annex thereto an affidavit stating that this section was duly complied with by such cooperative. Such articles of merger and affidavits shall be submitted to the secretary of state for filing as provided in this chapter.
Acts 1961, ch. 330, § 14; T.C.A., § 65-2915.
Tenn. Code Ann. § 65-6-107 — TN Code / Title 65 / Chapter 6 / Section 65-6-107
Preference in location of line
Status: in_force

No railroad company shall have the right, by surveying or locating its line of railroad, to defer building its line of railroad to the exclusion of other companies that may sooner and more certainly build upon such line of route, but the company which, in good faith, first actually constructs its road over such route, shall have preference in the location of the route. Acts 1899, ch. 399, § 1; Shan., § 1880a2; Code 1932, § 3147; T.C.A. (orig. ed.), § 65-607.
No railroad company shall have the right, by surveying or locating its line of railroad, to defer building its line of railroad to the exclusion of other companies that may sooner and more certainly build upon such line of route, but the company which, in good faith, first actually constructs its road over such route, shall have preference in the location of the route.
Acts 1899, ch. 399, § 1; Shan., § 1880a2; Code 1932, § 3147; T.C.A. (orig. ed.), § 65-607.
Tenn. Code Ann. § 65-15-109 — TN Code / Title 65 / Chapter 15 / Section 65-15-109
Applications for permits
Status: in_force

(a) The department shall adopt rules prescribing the manner and form in which motor carriers and/or contract haulers shall apply for intrastate or interstate permits required by this part. Every application shall be in writing and accompanied by the payment of fifty dollars ($50.00). (b) Applications filed for the registration of interstate authority by motor carriers engaged in interstate commerce shall be made in writing and be on such forms as required by the rules and regulations of the department. The application shall contain, among other things: (1) A copy of the interstate commerce commission certificate or permit for which application is made; (2) An equipment list registering and identifying vehicles used in the operation under such interstate commerce commission certificate or permit; (3) Evidence of currently effective insurance or qualifications as a self-insurer under the rules and regulations of the department; and (4) A filing of designation of a local agent for service of process; provided, that the fee for additional authority shall not be refundable, except after a request by the carrier within six (6) months of the payment of such fee. (c) (1) The department shall by rule promulgate the requirements for motor carriers, contract haulers, and exempt for-hire motor carriers operating on an interstate or intrastate basis, permanently or temporarily, to register their vehicles pursuant to 49 U.S.C. § 11506 [omitted] as amended by § 4005 of the Intermodal Surface Transportation Efficiency Act of 1991. Under this single state registration plan, carriers registering with Tennessee shall file a written application annually on forms provided by the department. The application shall be accompanied by a fee of eight dollars ($8.00) for every motor vehicle to be operated by the above-mentioned carriers or contract haulers over the public highways of Tennessee in the calendar year for which the permit is issued. The application shall also be accompanied by the fees charged for every vehicle to be operated in those states participating in the single state registration plan for the same time period. The department shall remit those fees collected on behalf of the other states as provided under relevant interstate commerce commission rules. The application for single state registration shall contain among other things: (A) Evidence of the interstate commerce commission authority or permit under which the motor carrier operates in interstate commerce, where applicable; (B) Equipment list identifying vehicles to be operated in Tennessee and other participating states as permitted by interstate commerce commission rule; (C) Satisfactory proof of currently effective insurance as determined by the department; (D) Designation of a local agent for service of process; and (E) The accompanying fees and all information required on vehicles to be operated in other participating states. (2) All rules to implement single state registration of motor vehicles shall be in conformity with the rules of the interstate commerce commission, 49 C.F.R. Part 1023. Acts 1933, ch. 119, § 8; C. Supp. 1950, § 5501.9 (Williams, § 5501.8); Acts 1969, ch. 47, §§ 1, 2; 1971, ch. 168, §§ 1-4; 1977, ch. 183, § 1; 1977, ch. 425, § 2; 1979, ch. 137, § 2; T.C.A. (orig. ed.), § 65-1511; Acts 1985, ch. 94, § 1; 1986, ch. 862, § 3; 1993, ch. 327, §§ 3, 4; 1995, ch. 305, § 30; 1999, ch. 97, §§ 10 - 14.
(a) The department shall adopt rules prescribing the manner and form in which motor carriers and/or contract haulers shall apply for intrastate or interstate permits required by this part. Every application shall be in writing and accompanied by the payment of fifty dollars ($50.00).
(b) Applications filed for the registration of interstate authority by motor carriers engaged in interstate commerce shall be made in writing and be on such forms as required by the rules and regulations of the department. The application shall contain, among other things: (1) A copy of the interstate commerce commission certificate or permit for which application is made; (2) An equipment list registering and identifying vehicles used in the operation under such interstate commerce commission certificate or permit; (3) Evidence of currently effective insurance or qualifications as a self-insurer under the rules and regulations of the department; and (4) A filing of designation of a local agent for service of process; provided, that the fee for additional authority shall not be refundable, except after a request by the carrier within six (6) months of the payment of such fee.
(1) A copy of the interstate commerce commission certificate or permit for which application is made;
(2) An equipment list registering and identifying vehicles used in the operation under such interstate commerce commission certificate or permit;
(3) Evidence of currently effective insurance or qualifications as a self-insurer under the rules and regulations of the department; and
(4) A filing of designation of a local agent for service of process; provided, that the fee for additional authority shall not be refundable, except after a request by the carrier within six (6) months of the payment of such fee.
provided, that the fee for additional authority shall not be refundable, except after a request by the carrier within six (6) months of the payment of such fee.
(c) (1) The department shall by rule promulgate the requirements for motor carriers, contract haulers, and exempt for-hire motor carriers operating on an interstate or intrastate basis, permanently or temporarily, to register their vehicles pursuant to 49 U.S.C. § 11506 [omitted] as amended by § 4005 of the Intermodal Surface Transportation Efficiency Act of 1991. Under this single state registration plan, carriers registering with Tennessee shall file a written application annually on forms provided by the department. The application shall be accompanied by a fee of eight dollars ($8.00) for every motor vehicle to be operated by the above-mentioned carriers or contract haulers over the public highways of Tennessee in the calendar year for which the permit is issued. The application shall also be accompanied by the fees charged for every vehicle to be operated in those states participating in the single state registration plan for the same time period. The department shall remit those fees collected on behalf of the other states as provided under relevant interstate commerce commission rules. The application for single state registration shall contain among other things: (A) Evidence of the interstate commerce commission authority or permit under which the motor carrier operates in interstate commerce, where applicable; (B) Equipment list identifying vehicles to be operated in Tennessee and other participating states as permitted by interstate commerce commission rule; (C) Satisfactory proof of currently effective insurance as determined by the department; (D) Designation of a local agent for service of process; and (E) The accompanying fees and all information required on vehicles to be operated in other participating states. (2) All rules to implement single state registration of motor vehicles shall be in conformity with the rules of the interstate commerce commission, 49 C.F.R. Part 1023.
(1) The department shall by rule promulgate the requirements for motor carriers, contract haulers, and exempt for-hire motor carriers operating on an interstate or intrastate basis, permanently or temporarily, to register their vehicles pursuant to 49 U.S.C. § 11506 [omitted] as amended by § 4005 of the Intermodal Surface Transportation Efficiency Act of 1991. Under this single state registration plan, carriers registering with Tennessee shall file a written application annually on forms provided by the department. The application shall be accompanied by a fee of eight dollars ($8.00) for every motor vehicle to be operated by the above-mentioned carriers or contract haulers over the public highways of Tennessee in the calendar year for which the permit is issued. The application shall also be accompanied by the fees charged for every vehicle to be operated in those states participating in the single state registration plan for the same time period. The department shall remit those fees collected on behalf of the other states as provided under relevant interstate commerce commission rules. The application for single state registration shall contain among other things: (A) Evidence of the interstate commerce commission authority or permit under which the motor carrier operates in interstate commerce, where applicable; (B) Equipment list identifying vehicles to be operated in Tennessee and other participating states as permitted by interstate commerce commission rule; (C) Satisfactory proof of currently effective insurance as determined by the department; (D) Designation of a local agent for service of process; and (E) The accompanying fees and all information required on vehicles to be operated in other participating states.
(A) Evidence of the interstate commerce commission authority or permit under which the motor carrier operates in interstate commerce, where applicable;
(B) Equipment list identifying vehicles to be operated in Tennessee and other participating states as permitted by interstate commerce commission rule;
(C) Satisfactory proof of currently effective insurance as determined by the department;
(D) Designation of a local agent for service of process; and
(E) The accompanying fees and all information required on vehicles to be operated in other participating states.
(2) All rules to implement single state registration of motor vehicles shall be in conformity with the rules of the interstate commerce commission, 49 C.F.R. Part 1023.
Acts 1933, ch. 119, § 8; C. Supp. 1950, § 5501.9 (Williams, § 5501.8); Acts 1969, ch. 47, §§ 1, 2; 1971, ch. 168, §§ 1-4; 1977, ch. 183, § 1; 1977, ch. 425, § 2; 1979, ch. 137, § 2; T.C.A. (orig. ed.), § 65-1511; Acts 1985, ch. 94, § 1; 1986, ch. 862, § 3; 1993, ch. 327, §§ 3, 4; 1995, ch. 305, § 30; 1999, ch. 97, §§ 10 - 14.
Tenn. Code Ann. § 65-28-205 — TN Code / Title 65 / Chapter 28 / Section 65-28-205
Rates and charges - Regulation
Status: in_force

The rates and charges for transportation by pipeline of landfill methane, either alone or in combination with natural gas, and the construction of facilities for the transportation by pipeline of landfill methane, whether alone or in combination with natural gas, shall be subject to the jurisdiction of the Tennessee public utility commission to the same extent as the rates and charges, and the construction of facilities for, pipeline transportation of natural gas. No person that is exempt from regulation by the Tennessee public utility commission in the transportation of natural gas shall become subject to such regulation by operation of this section or the transportation by such person of landfill methane, either alone or in combination with natural gas. No person shall be required to transport landfill methane by pipeline in combination with natural gas, if the landfill methane tendered for transportation does not meet quality specifications reasonably required by such person for pipeline transportation of natural gas. The Tennessee public utility commission shall expedite the disposition of any proceeding brought concerning any rate, charge, or construction of facilities for transportation by pipeline of landfill methane. Acts 2005, ch. 361, § 6.
The rates and charges for transportation by pipeline of landfill methane, either alone or in combination with natural gas, and the construction of facilities for the transportation by pipeline of landfill methane, whether alone or in combination with natural gas, shall be subject to the jurisdiction of the Tennessee public utility commission to the same extent as the rates and charges, and the construction of facilities for, pipeline transportation of natural gas. No person that is exempt from regulation by the Tennessee public utility commission in the transportation of natural gas shall become subject to such regulation by operation of this section or the transportation by such person of landfill methane, either alone or in combination with natural gas. No person shall be required to transport landfill methane by pipeline in combination with natural gas, if the landfill methane tendered for transportation does not meet quality specifications reasonably required by such person for pipeline transportation of natural gas. The Tennessee public utility commission shall expedite the disposition of any proceeding brought concerning any rate, charge, or construction of facilities for transportation by pipeline of landfill methane.
Acts 2005, ch. 361, § 6.
Tenn. Code Ann. § 65-4-124 — TN Code / Title 65 / Chapter 4 / Section 65-4-124
Administrative rules
Status: in_force

(a) All telecommunications services providers shall provide nondiscriminatory interconnection to their public networks under reasonable terms and conditions; and all telecommunications services providers shall, to the extent that it is technically and financially feasible, be provided desired features, functions and services promptly, and on an unbundled and non-discriminatory basis from all other telecommunications services providers. (b) The Tennessee public utility commission shall, at a minimum, promulgate rules and issue such orders as necessary to implement the requirements of subsection (a) and to provide for unbundling of service elements and functions, terms for resale, interLATA presubscription, number portability, and packaging of a basic local exchange telephone service or unbundled features or functions with services of other providers. (c) These rules shall also ensure that all telecommunications services providers who provide basic local exchange telephone service or its equivalent provide each customer a basic White Pages directory listing, provide access to 911 emergency services, provide free blocking service for 900/976 type services, provide access to telecommunications relay services, provide Lifeline and Link-Up Tennessee services to qualifying citizens of the state and provide educational discounts existing on June 6, 1995. (d) The granting of applications for certificates of convenience and necessity to competing telecommunications service providers or the adoption of a price regulation plan for incumbent local exchange telephone companies is not dependent upon the promulgation of these rules. Acts 1995, ch. 408, § 8.
(a) All telecommunications services providers shall provide nondiscriminatory interconnection to their public networks under reasonable terms and conditions; and all telecommunications services providers shall, to the extent that it is technically and financially feasible, be provided desired features, functions and services promptly, and on an unbundled and non-discriminatory basis from all other telecommunications services providers.
(b) The Tennessee public utility commission shall, at a minimum, promulgate rules and issue such orders as necessary to implement the requirements of subsection (a) and to provide for unbundling of service elements and functions, terms for resale, interLATA presubscription, number portability, and packaging of a basic local exchange telephone service or unbundled features or functions with services of other providers.
(c) These rules shall also ensure that all telecommunications services providers who provide basic local exchange telephone service or its equivalent provide each customer a basic White Pages directory listing, provide access to 911 emergency services, provide free blocking service for 900/976 type services, provide access to telecommunications relay services, provide Lifeline and Link-Up Tennessee services to qualifying citizens of the state and provide educational discounts existing on June 6, 1995.
(d) The granting of applications for certificates of convenience and necessity to competing telecommunications service providers or the adoption of a price regulation plan for incumbent local exchange telephone companies is not dependent upon the promulgation of these rules.
Acts 1995, ch. 408, § 8.
Tenn. Code Ann. § 65-25-103 — TN Code / Title 65 / Chapter 25 / Section 65-25-103
Nonprofit organization and operation
Status: in_force

Electric cooperatives heretofore incorporated under the former "Electric Cooperative Law" or hereafter incorporated under this chapter shall be organized and operated on a nonprofit basis and without pecuniary gain, and shall furnish their services on an area coverage basis at the lowest cost consistent with sound business principles. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-203 .
Electric cooperatives heretofore incorporated under the former "Electric Cooperative Law" or hereafter incorporated under this chapter shall be organized and operated on a nonprofit basis and without pecuniary gain, and shall furnish their services on an area coverage basis at the lowest cost consistent with sound business principles.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-203 .
Tenn. Code Ann. § 65-36-104 — TN Code / Title 65 / Chapter 36 / Section 65-36-104
Interlocal cooperation agreements authorized
Status: in_force

Every municipal electric utility and every electric cooperative are hereby authorized to enter into and to fulfill the terms of interlocal cooperation agreements under the authority of title 12, chapter 9, whether or not the parties of such agreements share equal powers with respect to the subject matter of such agreements. For the purpose of entering into agreements authorized under this chapter or entering into an interlocal agreement under title 12, chapter 9, municipal utilities and electric cooperatives are authorized to enter into interlocal agreements, as if each electric cooperative were a "public agency" for the purposes of title 12, chapter 9. Acts 1997, ch. 520, § 4.
Every municipal electric utility and every electric cooperative are hereby authorized to enter into and to fulfill the terms of interlocal cooperation agreements under the authority of title 12, chapter 9, whether or not the parties of such agreements share equal powers with respect to the subject matter of such agreements. For the purpose of entering into agreements authorized under this chapter or entering into an interlocal agreement under title 12, chapter 9, municipal utilities and electric cooperatives are authorized to enter into interlocal agreements, as if each electric cooperative were a "public agency" for the purposes of title 12, chapter 9.
Acts 1997, ch. 520, § 4.
Tenn. Code Ann. § 65-28-101 — TN Code / Title 65 / Chapter 28 / Section 65-28-101
Right of condemnation
Status: in_force

A pipeline corporation has the right, in pursuance of the general laws authorizing condemnation of private property for works of internal improvement, to appropriate as an easement or right-of-way of lands necessary for its pipelines; and also land, and rights in land for the development, construction and operation of underground storage reservoirs for natural gas; and also land for pump stations and terminal facilities over any land of any person or corporation through which a pipeline may be located; provided, that no one of the streets, alleys, squares or highways within the corporate limits of any municipality in the state shall be entered upon or used by any corporation for laying pipelines and conductors, or otherwise, until the consent of the municipal authorities shall have been obtained, and an ordinance shall have been passed prescribing the terms on which the same may be done. Amended by 2017 Tenn. Acts, ch. 94,s 60, eff. 4/4/2017. Acts 1919, ch. 98, § 3; Shan. Supp., § 2360a31/2; mod. Code 1932, § 3998; Acts 1961, ch. 242, § 1; 1963, ch. 249, § 1; T.C.A. (orig. ed.), § 65-2801.
A pipeline corporation has the right, in pursuance of the general laws authorizing condemnation of private property for works of internal improvement, to appropriate as an easement or right-of-way of lands necessary for its pipelines; and also land, and rights in land for the development, construction and operation of underground storage reservoirs for natural gas; and also land for pump stations and terminal facilities over any land of any person or corporation through which a pipeline may be located; provided, that no one of the streets, alleys, squares or highways within the corporate limits of any municipality in the state shall be entered upon or used by any corporation for laying pipelines and conductors, or otherwise, until the consent of the municipal authorities shall have been obtained, and an ordinance shall have been passed prescribing the terms on which the same may be done.
Amended by 2017 Tenn. Acts, ch. 94,s 60, eff. 4/4/2017.
Acts 1919, ch. 98, § 3; Shan. Supp., § 2360a31/2; mod. Code 1932, § 3998; Acts 1961, ch. 242, § 1; 1963, ch. 249, § 1; T.C.A. (orig. ed.), § 65-2801.
Tenn. Code Ann. § 65-6-114 — TN Code / Title 65 / Chapter 6 / Section 65-6-114
Rights of foreign companies
Status: in_force

(a) Any railroad corporation created by the laws of any other state shall be empowered to extend its railroad into this state a distance not exceeding five (5) miles from the point of its entrance into this state, for the purpose of reaching a terminal point, or a general or a union depot in, or in the vicinity of, any city, town, or village in this state. (b) Such corporations may acquire the right-of-way for their railroads from the line of this state to their terminal points or depots in this state by purchase or by gift or by condemnation. (c) Such corporations shall have the power to purchase, hold, use, and enjoy all real estate necessary for the erection and maintenance of their depots, shops, yards, sidetracks, turnouts, and switches, both along the route and at their terminal points in this state; provided, that they shall first apply for and receive a charter in this state. Acts 1887, ch. 160, §§ 1-3; Shan., §§ 1874-1876; Code 1932, §§ 3139-3141; T.C.A. (orig. ed.), §§ 65-615 -- 65-617.
(a) Any railroad corporation created by the laws of any other state shall be empowered to extend its railroad into this state a distance not exceeding five (5) miles from the point of its entrance into this state, for the purpose of reaching a terminal point, or a general or a union depot in, or in the vicinity of, any city, town, or village in this state.
(b) Such corporations may acquire the right-of-way for their railroads from the line of this state to their terminal points or depots in this state by purchase or by gift or by condemnation.
(c) Such corporations shall have the power to purchase, hold, use, and enjoy all real estate necessary for the erection and maintenance of their depots, shops, yards, sidetracks, turnouts, and switches, both along the route and at their terminal points in this state; provided, that they shall first apply for and receive a charter in this state.
Acts 1887, ch. 160, §§ 1-3; Shan., §§ 1874-1876; Code 1932, §§ 3139-3141; T.C.A. (orig. ed.), §§ 65-615 -- 65-617.