Tenn. Code Ann. § 65-21-111 — TN Code / Title 65 / Chapter 21 / Section 65-21-111
Warrants against offenders
Status: in_force

It is the duty of any judge of the court of general sessions who knows of any offenses under this chapter to forthwith issue a warrant for the arrest of such person, and have such offender brought before the judge for trial. Acts 1897, ch. 60, § 2; Shan., § 1840a2; Code 1932, § 3105; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 65-2119.
It is the duty of any judge of the court of general sessions who knows of any offenses under this chapter to forthwith issue a warrant for the arrest of such person, and have such offender brought before the judge for trial.
Acts 1897, ch. 60, § 2; Shan., § 1840a2; Code 1932, § 3105; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 65-2119.
Tenn. Code Ann. § 65-17-101 — TN Code / Title 65 / Chapter 17 / Section 65-17-101
Chapter definitions
Status: in_force

As used in this chapter: (1) "Construct" or "construction": (A) Means the process of bringing a wind energy facility to completion; and (B) Includes the following: (i) Planning; (ii) Research, but does not include wind and environmental analysis; (iii) Feasibility analysis, but does not include wind and environmental analysis; (iv) Environmental evaluation, but does not include wind and environmental analysis; (v) Preliminary engineering; (vi) Designing; (vii) Relocation of utilities; (viii) Permitting; (ix) Environmental mitigation; (x) Contracting; and (xi) Financing; (2) "Department" means the department of environment and conservation; (3) "Local government" means any county, municipality, city, or other political subdivision of this state; (4) "Local legislation" means any ordinance, resolution, motion, amendment, regulation, or rule adopted by a local government; (5) "Local legislative body" means the governing body of a local government; (6) "Nonparticipating landowner" means a landowner not under a lease or other property agreement with the owner or operator of a wind turbine facility; (7) "Operate" or "operation": (A) Means any activity associated with the management, operation, and maintenance of a completed wind energy facility; and (B) Includes the installation or improvement of the wind energy facility; (8) "Person" means any natural person, corporation, limited liability company, partnership, joint venture, or other private business entity except for corporations transacting business in this state pursuant to chapter 25 of this title; (9) "Proprietary" in regard to information means commercial or financial information that is used either directly or indirectly in the business of any applicant submitting information to a local government under this chapter, and that gives the applicant an advantage or an opportunity to obtain an advantage over competitors who do not know or use the information, which information includes trade secrets; (10) "Redevelop" or "redevelopment" means the process of replanning, reconstructing, or redesigning a wind energy facility, including the acquisition, clearance, development, or disposal, or any combination of these activities, of a wind energy facility; (11) "Transmission facility" means a power cable, distribution line, or other equipment that delivers electricity from a wind turbine located in this state to the point of interconnection with a power distribution grid, long-distance power transmission grid, or other facility by and through which the electricity is distributed or transmitted to one (1) or more customers; provided, that nothing in this chapter shall apply to any distribution, transmission, or other facilities that are located beyond the point of interconnection with the power distribution grid or transmission grid; (12) "Wind energy facility": (A) Means the equipment necessary for the operation of a facility that uses wind to generate electricity or that uses wind energy to heat or cool, or provide hot water for use in, a building or structure, including parts solely related to the functioning of that equipment, that cumulatively, with any other wind energy facility, has a rated capacity of one megawatt (1 MW) or more of energy and has a total height in excess of two hundred feet (200'); (B) Includes turbines, towers, buildings, transmission facilities, and other associated facilities; and (C) Does not include equipment that, when installed in connection with a dwelling, transmits or uses wind energy to produce energy in a useful form for residential purposes; and (13) "Wind energy facility expansion" means any activity that: (A) Adds or substantially modifies a wind energy facility, including increasing the height or the number of the turbines, transmission facilities, or other equipment; or (B) Increases the footprint of the wind energy facility. Amended by 2018 Tenn. Acts, ch. 825, Secs.s 14, s 15eff. 4/24/2018. Added by 2017 Tenn. Acts, ch. 368, s 2, eff. 5/11/2017.
As used in this chapter:
(1) "Construct" or "construction": (A) Means the process of bringing a wind energy facility to completion; and (B) Includes the following: (i) Planning; (ii) Research, but does not include wind and environmental analysis; (iii) Feasibility analysis, but does not include wind and environmental analysis; (iv) Environmental evaluation, but does not include wind and environmental analysis; (v) Preliminary engineering; (vi) Designing; (vii) Relocation of utilities; (viii) Permitting; (ix) Environmental mitigation; (x) Contracting; and (xi) Financing;
(A) Means the process of bringing a wind energy facility to completion; and
(B) Includes the following: (i) Planning; (ii) Research, but does not include wind and environmental analysis; (iii) Feasibility analysis, but does not include wind and environmental analysis; (iv) Environmental evaluation, but does not include wind and environmental analysis; (v) Preliminary engineering; (vi) Designing; (vii) Relocation of utilities; (viii) Permitting; (ix) Environmental mitigation; (x) Contracting; and (xi) Financing;
(i) Planning;
(ii) Research, but does not include wind and environmental analysis;
(iii) Feasibility analysis, but does not include wind and environmental analysis;
(iv) Environmental evaluation, but does not include wind and environmental analysis;
(v) Preliminary engineering;
(vi) Designing;
(vii) Relocation of utilities;
(viii) Permitting;
(ix) Environmental mitigation;
(x) Contracting; and
(xi) Financing;
(2) "Department" means the department of environment and conservation;
(3) "Local government" means any county, municipality, city, or other political subdivision of this state;
(4) "Local legislation" means any ordinance, resolution, motion, amendment, regulation, or rule adopted by a local government;
(5) "Local legislative body" means the governing body of a local government;
(6) "Nonparticipating landowner" means a landowner not under a lease or other property agreement with the owner or operator of a wind turbine facility;
(7) "Operate" or "operation": (A) Means any activity associated with the management, operation, and maintenance of a completed wind energy facility; and (B) Includes the installation or improvement of the wind energy facility;
(A) Means any activity associated with the management, operation, and maintenance of a completed wind energy facility; and
(B) Includes the installation or improvement of the wind energy facility;
(8) "Person" means any natural person, corporation, limited liability company, partnership, joint venture, or other private business entity except for corporations transacting business in this state pursuant to chapter 25 of this title;
(9) "Proprietary" in regard to information means commercial or financial information that is used either directly or indirectly in the business of any applicant submitting information to a local government under this chapter, and that gives the applicant an advantage or an opportunity to obtain an advantage over competitors who do not know or use the information, which information includes trade secrets;
(10) "Redevelop" or "redevelopment" means the process of replanning, reconstructing, or redesigning a wind energy facility, including the acquisition, clearance, development, or disposal, or any combination of these activities, of a wind energy facility;
(11) "Transmission facility" means a power cable, distribution line, or other equipment that delivers electricity from a wind turbine located in this state to the point of interconnection with a power distribution grid, long-distance power transmission grid, or other facility by and through which the electricity is distributed or transmitted to one (1) or more customers; provided, that nothing in this chapter shall apply to any distribution, transmission, or other facilities that are located beyond the point of interconnection with the power distribution grid or transmission grid;
(12) "Wind energy facility": (A) Means the equipment necessary for the operation of a facility that uses wind to generate electricity or that uses wind energy to heat or cool, or provide hot water for use in, a building or structure, including parts solely related to the functioning of that equipment, that cumulatively, with any other wind energy facility, has a rated capacity of one megawatt (1 MW) or more of energy and has a total height in excess of two hundred feet (200'); (B) Includes turbines, towers, buildings, transmission facilities, and other associated facilities; and (C) Does not include equipment that, when installed in connection with a dwelling, transmits or uses wind energy to produce energy in a useful form for residential purposes; and
(A) Means the equipment necessary for the operation of a facility that uses wind to generate electricity or that uses wind energy to heat or cool, or provide hot water for use in, a building or structure, including parts solely related to the functioning of that equipment, that cumulatively, with any other wind energy facility, has a rated capacity of one megawatt (1 MW) or more of energy and has a total height in excess of two hundred feet (200');
(B) Includes turbines, towers, buildings, transmission facilities, and other associated facilities; and
(C) Does not include equipment that, when installed in connection with a dwelling, transmits or uses wind energy to produce energy in a useful form for residential purposes; and
(13) "Wind energy facility expansion" means any activity that: (A) Adds or substantially modifies a wind energy facility, including increasing the height or the number of the turbines, transmission facilities, or other equipment; or (B) Increases the footprint of the wind energy facility.
(A) Adds or substantially modifies a wind energy facility, including increasing the height or the number of the turbines, transmission facilities, or other equipment; or
(B) Increases the footprint of the wind energy facility.
Amended by 2018 Tenn. Acts, ch. 825, Secs.s 14, s 15eff. 4/24/2018.
Added by 2017 Tenn. Acts, ch. 368, s 2, eff. 5/11/2017.
Tenn. Code Ann. § 65-10-107 — TN Code / Title 65 / Chapter 10 / Section 65-10-107
Enforcement of lien against contractor
Status: in_force

The claim provided for in § 65-10-105 may be enforced against the railroad company, as garnishee, and the principal contractor, as debtor, in such court or before any judge of the court of general sessions of the county having jurisdiction of the amount claimed. Acts 1883, ch. 220, § 3; Shan., § 3576; mod. Code 1932, § 7998; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 65-1007.
The claim provided for in § 65-10-105 may be enforced against the railroad company, as garnishee, and the principal contractor, as debtor, in such court or before any judge of the court of general sessions of the county having jurisdiction of the amount claimed.
Acts 1883, ch. 220, § 3; Shan., § 3576; mod. Code 1932, § 7998; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 65-1007.
Tenn. Code Ann. § 65-10-103 — TN Code / Title 65 / Chapter 10 / Section 65-10-103
Enforcement of contractors' lien
Status: in_force

This lien may be enforced by a suit against the railroad company in the circuit or chancery court of the county where the work, or some part thereof, was done, or the material, or some part thereof, was delivered. Acts 1883, ch. 220, § 2; Shan., § 3572; mod. Code 1932, § 7994; T.C.A. (orig. ed.), § 65-1003.
This lien may be enforced by a suit against the railroad company in the circuit or chancery court of the county where the work, or some part thereof, was done, or the material, or some part thereof, was delivered.
Acts 1883, ch. 220, § 2; Shan., § 3572; mod. Code 1932, § 7994; T.C.A. (orig. ed.), § 65-1003.
Tenn. Code Ann. § 65-29-111 — TN Code / Title 65 / Chapter 29 / Section 65-29-111
Board of directors
Status: in_force

(a) The business and affairs of a cooperative shall be managed by a board of not less than five (5) directors, each of whom shall be a member of the cooperative or of another cooperative which is a member. The bylaws shall prescribe the number of directors, their qualifications and area of representation, other than those provided for in this chapter, the manner of holding meetings of the board of directors, and of the election of successors to directors who shall resign, die or otherwise be incapable of acting. The bylaws may also provide for the removal of directors from office and for the election of their successors. Without approval of the members, directors shall not receive any salaries for their services as directors and, except in emergencies, shall not be employed by the cooperative in any capacity involving compensation, without approval of the members. The bylaws may, however, provide that a fixed fee and expenses of attendance, if any, be allowed to each director for attendance at each meeting of the board of directors. (b) The directors of a cooperative named in any articles of incorporation, consolidation, merger, or conversion, as the case may be, shall hold office until the next following annual meeting of the members or until their successors shall have been elected and qualified; provided, that in the case of a corporation being converted under § 65-29-117 , the directors can be named in the articles of conversion for staggered terms of from one (1) to three (3) years if same is allowed by the converting corporation's current bylaws. At each annual meeting or special meeting, or annual election if so provided by the bylaws, called for the election of directors, or, in case of failure to hold the annual meeting, or annual election, as specified in the bylaws, at a special meeting called for that purpose, the members shall elect directors to hold office until the next following annual meeting of the members, except as hereinafter otherwise provided. Each director shall hold office for the term for which such director is elected or until a successor shall have been elected and qualified. (c) The bylaws may provide that, in lieu of electing the whole number of directors annually, the directors shall be divided into two (2) classes at the first or any subsequent annual meeting, each class to be as nearly equal in number as possible, with the term of office of the directors of the first class to expire at the next succeeding annual meeting and the term of the second class to expire at the second succeeding annual meeting. At each annual meeting, or annual election if so provided by the bylaws, after such classification a number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office until the second succeeding annual meeting. Or the bylaws may provide that in lieu of electing the whole number of directors annually, the directors shall be divided into three (3) classes at the first or any subsequent annual meeting, each class to be as nearly equal in number as possible, with the term of office of the directors of the first class to expire at the next succeeding annual meeting, the term of the second class to expire at the second succeeding annual meeting, and the term of the third class to expire at the third succeeding annual meeting. At each annual meeting, or annual election if so provided by the bylaws, after such classification a number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office for three (3) years or until the third succeeding annual meeting. (d) A majority of the board of directors shall constitute a quorum. (e) If a husband and wife hold joint membership in a cooperative, pursuant to appropriate bylaws provision, either one, but not both, may be elected as director. (f) The board of directors may exercise all of the powers of a cooperative except such as are conferred upon the members by this chapter, or its articles of incorporation or bylaws. (g) In any cooperative organized under this section for such election to be held, which provides service in five (5) or more counties, including a county containing and physically divided by a United States government corps of engineers dam and reservoir project of thirty-four thousand (34,000) acres or more, and which serves less than twenty thousand (20,000) subscribers as of April 15, 1986, all contested elections for members of the board of directors shall be held on voting machines and under the supervision of the election commission. Any election contest pursuant to this subsection (g) shall be filed and tried by the criminal court of the county where the election occurs. The board of directors is hereby authorized to contract with any county election commission, or the employees thereof, affected by the terms of this subsection (g) for the purpose of holding an election pursuant to this subsection (g). Acts 1961, ch. 330, § 10; 1973, ch. 157, § 4; T.C.A., § 65-2911; Acts 1986, ch. 800, § 1.
(a) The business and affairs of a cooperative shall be managed by a board of not less than five (5) directors, each of whom shall be a member of the cooperative or of another cooperative which is a member. The bylaws shall prescribe the number of directors, their qualifications and area of representation, other than those provided for in this chapter, the manner of holding meetings of the board of directors, and of the election of successors to directors who shall resign, die or otherwise be incapable of acting. The bylaws may also provide for the removal of directors from office and for the election of their successors. Without approval of the members, directors shall not receive any salaries for their services as directors and, except in emergencies, shall not be employed by the cooperative in any capacity involving compensation, without approval of the members. The bylaws may, however, provide that a fixed fee and expenses of attendance, if any, be allowed to each director for attendance at each meeting of the board of directors.
(b) The directors of a cooperative named in any articles of incorporation, consolidation, merger, or conversion, as the case may be, shall hold office until the next following annual meeting of the members or until their successors shall have been elected and qualified; provided, that in the case of a corporation being converted under § 65-29-117 , the directors can be named in the articles of conversion for staggered terms of from one (1) to three (3) years if same is allowed by the converting corporation's current bylaws. At each annual meeting or special meeting, or annual election if so provided by the bylaws, called for the election of directors, or, in case of failure to hold the annual meeting, or annual election, as specified in the bylaws, at a special meeting called for that purpose, the members shall elect directors to hold office until the next following annual meeting of the members, except as hereinafter otherwise provided. Each director shall hold office for the term for which such director is elected or until a successor shall have been elected and qualified.
(c) The bylaws may provide that, in lieu of electing the whole number of directors annually, the directors shall be divided into two (2) classes at the first or any subsequent annual meeting, each class to be as nearly equal in number as possible, with the term of office of the directors of the first class to expire at the next succeeding annual meeting and the term of the second class to expire at the second succeeding annual meeting. At each annual meeting, or annual election if so provided by the bylaws, after such classification a number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office until the second succeeding annual meeting. Or the bylaws may provide that in lieu of electing the whole number of directors annually, the directors shall be divided into three (3) classes at the first or any subsequent annual meeting, each class to be as nearly equal in number as possible, with the term of office of the directors of the first class to expire at the next succeeding annual meeting, the term of the second class to expire at the second succeeding annual meeting, and the term of the third class to expire at the third succeeding annual meeting. At each annual meeting, or annual election if so provided by the bylaws, after such classification a number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office for three (3) years or until the third succeeding annual meeting.
(d) A majority of the board of directors shall constitute a quorum.
(e) If a husband and wife hold joint membership in a cooperative, pursuant to appropriate bylaws provision, either one, but not both, may be elected as director.
(f) The board of directors may exercise all of the powers of a cooperative except such as are conferred upon the members by this chapter, or its articles of incorporation or bylaws.
(g) In any cooperative organized under this section for such election to be held, which provides service in five (5) or more counties, including a county containing and physically divided by a United States government corps of engineers dam and reservoir project of thirty-four thousand (34,000) acres or more, and which serves less than twenty thousand (20,000) subscribers as of April 15, 1986, all contested elections for members of the board of directors shall be held on voting machines and under the supervision of the election commission. Any election contest pursuant to this subsection (g) shall be filed and tried by the criminal court of the county where the election occurs. The board of directors is hereby authorized to contract with any county election commission, or the employees thereof, affected by the terms of this subsection (g) for the purpose of holding an election pursuant to this subsection (g).
Acts 1961, ch. 330, § 10; 1973, ch. 157, § 4; T.C.A., § 65-2911; Acts 1986, ch. 800, § 1.
Tenn. Code Ann. § 65-4-309 — TN Code / Title 65 / Chapter 4 / Section 65-4-309
Lien for fees and penalties
Status: in_force

A lien is declared, and shall exist, upon all the property of each public utility in default, for the payment of the fee prescribed, together with all penalties accruing under this part, which liens shall be superior to all other liens, except those for federal, state, county and municipal taxes. Acts 1921, ch. 107, § 5; Shan. Supp., § 3059a107; Code 1932, § 5467; T.C.A. (orig. ed.), § 65-433.
A lien is declared, and shall exist, upon all the property of each public utility in default, for the payment of the fee prescribed, together with all penalties accruing under this part, which liens shall be superior to all other liens, except those for federal, state, county and municipal taxes.
Acts 1921, ch. 107, § 5; Shan. Supp., § 3059a107; Code 1932, § 5467; T.C.A. (orig. ed.), § 65-433.
Tenn. Code Ann. § 65-3-101 — TN Code / Title 65 / Chapter 3 / Section 65-3-101
All railways subject to chapter
Status: in_force

All railways are declared subject to this chapter, and all individuals, companies, corporations, trustees, receivers, and lessees, owning, operating, and managing such railways for the transportation of freight and passengers, are declared common carriers. Acts 1897, ch. 10, § 14; Shan., § 3059a39; Code 1932, § 5415; T.C.A. (orig. ed.), § 65-301.
All railways are declared subject to this chapter, and all individuals, companies, corporations, trustees, receivers, and lessees, owning, operating, and managing such railways for the transportation of freight and passengers, are declared common carriers.
Acts 1897, ch. 10, § 14; Shan., § 3059a39; Code 1932, § 5415; T.C.A. (orig. ed.), § 65-301.
Tenn. Code Ann. § 65-6-103 — TN Code / Title 65 / Chapter 6 / Section 65-6-103
Subscription for or purchase of stocks and bonds of other companies - Contracts for construction or lease
Status: in_force

It is lawful for any railroad company created by and existing under the laws of this state, and for any lessees of a railroad of such company, from time to time, to subscribe for or purchase the stock and bonds, or either, of any other railroad company or companies chartered by or of which the road or roads are authorized to extend into this state, when their roads shall be directly, or by means of intervening railroads, connected with each other; and to make contract with such company or companies for the construction, maintenance, repairs, or equipments, as well as lease of such other railroad or railroads, upon such terms as may be agreed upon by the companies owning the same, or by the companies and such lessees. Acts 1869-1870 Private, ch. 49, § 4; Shan., § 1520; Code 1932, § 2595; T.C.A. (orig. ed.), § 65-603.
It is lawful for any railroad company created by and existing under the laws of this state, and for any lessees of a railroad of such company, from time to time, to subscribe for or purchase the stock and bonds, or either, of any other railroad company or companies chartered by or of which the road or roads are authorized to extend into this state, when their roads shall be directly, or by means of intervening railroads, connected with each other; and to make contract with such company or companies for the construction, maintenance, repairs, or equipments, as well as lease of such other railroad or railroads, upon such terms as may be agreed upon by the companies owning the same, or by the companies and such lessees.
Acts 1869-1870 Private, ch. 49, § 4; Shan., § 1520; Code 1932, § 2595; T.C.A. (orig. ed.), § 65-603.
Tenn. Code Ann. § 65-9-103 — TN Code / Title 65 / Chapter 9 / Section 65-9-103
Approval of stockholders
Status: in_force

The consolidation shall not have effect until the terms and conditions of the agreement shall have been approved by a majority of the stockholders of each of the consolidating companies, at a regular annual meeting. Acts 1867-1868, ch. 72, § 1; 1871, ch. 69, § 1; 1877, ch. 72, § 2; Shan., § 1524; mod. Code 1932, § 2599; T.C.A. (orig. ed.), § 65-903.
The consolidation shall not have effect until the terms and conditions of the agreement shall have been approved by a majority of the stockholders of each of the consolidating companies, at a regular annual meeting.
Acts 1867-1868, ch. 72, § 1; 1871, ch. 69, § 1; 1877, ch. 72, § 2; Shan., § 1524; mod. Code 1932, § 2599; T.C.A. (orig. ed.), § 65-903.
Tenn. Code Ann. § 65-18-105 — TN Code / Title 65 / Chapter 18 / Section 65-18-105
Municipal regulations
Status: in_force

Such boards need not be put up at the crossing of streets and alleys in cities, towns, or villages, but such inclined cable railroad company shall be subject to such proper regulations made by the municipal authorities, in pursuance of general municipal powers, regulating speed, passage, and flaggers in such municipalities; and at crossings, and where there are sidings and switches, the whistle shall always be blown at a distance of not less than two hundred fifty (250) yards from every crossing of a public road. Acts 1887, ch. 16, § 2; Shan., § 2252; Code 1932, § 3970; T.C.A. (orig. ed.), § 65-1805.
Such boards need not be put up at the crossing of streets and alleys in cities, towns, or villages, but such inclined cable railroad company shall be subject to such proper regulations made by the municipal authorities, in pursuance of general municipal powers, regulating speed, passage, and flaggers in such municipalities; and at crossings, and where there are sidings and switches, the whistle shall always be blown at a distance of not less than two hundred fifty (250) yards from every crossing of a public road.
Acts 1887, ch. 16, § 2; Shan., § 2252; Code 1932, § 3970; T.C.A. (orig. ed.), § 65-1805.
Tenn. Code Ann. § 65-4-121 — TN Code / Title 65 / Chapter 4 / Section 65-4-121
Appeals
Status: in_force

Any appeal, order, decision, ruling or action of the commission affecting any utility as defined in § 65-4-101 , exclusive of railroads or common carriers, or any company engaged in the transmission of intelligence or communications, shall be filed in a court of record of competent jurisdiction in the county in which the dispute or matters in controversy arose; and no other nisi prius court of this state shall have jurisdiction to hear and determine such appeal. In the event of an appeal from the judgment or order of circuit or chancery court reviewing such order, or judgment, such appeal shall be prosecuted to the court of appeals in the grand division of the state in which the dispute or matters in controversy arose; and any appeal therefrom shall be perfected to the supreme court. Acts 1935, ch. 46, § 1; C. Supp. 1950, § 5470.1; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-437; Acts 1993, ch. 23, § 1; T.C.A., § 65-4-120 ; Acts 1995, ch. 305, § 20.
Any appeal, order, decision, ruling or action of the commission affecting any utility as defined in § 65-4-101 , exclusive of railroads or common carriers, or any company engaged in the transmission of intelligence or communications, shall be filed in a court of record of competent jurisdiction in the county in which the dispute or matters in controversy arose; and no other nisi prius court of this state shall have jurisdiction to hear and determine such appeal. In the event of an appeal from the judgment or order of circuit or chancery court reviewing such order, or judgment, such appeal shall be prosecuted to the court of appeals in the grand division of the state in which the dispute or matters in controversy arose; and any appeal therefrom shall be perfected to the supreme court.
Acts 1935, ch. 46, § 1; C. Supp. 1950, § 5470.1; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-437; Acts 1993, ch. 23, § 1; T.C.A., § 65-4-120 ; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-35-105 — TN Code / Title 65 / Chapter 35 / Section 65-35-105
Criminal proceedings
Status: in_force

(a) A violation of § 65-35-102 is also a violation of § 39-14-104 and § 65-35-103 applies to any proceeding brought to impose the penalties for a violation of § 39-14-104 . (b) In all criminal proceedings brought to impose penalties under § 39-14-104 for violation of this chapter, the provisions of § 65-35-103 pertaining to "prima facie evidence," "presumption of intent" and "presumptive evidence" shall be deemed to be an inference of such evidence or intent. Acts 1990, ch. 851, § 5.
(a) A violation of § 65-35-102 is also a violation of § 39-14-104 and § 65-35-103 applies to any proceeding brought to impose the penalties for a violation of § 39-14-104 .
(b) In all criminal proceedings brought to impose penalties under § 39-14-104 for violation of this chapter, the provisions of § 65-35-103 pertaining to "prima facie evidence," "presumption of intent" and "presumptive evidence" shall be deemed to be an inference of such evidence or intent.
Acts 1990, ch. 851, § 5.
Tenn. Code Ann. § 65-20-104 — TN Code / Title 65 / Chapter 20 / Section 65-20-104
Nontransferable passenger tickets - Redemption of passenger tickets
Status: in_force

(a) It is unlawful for any person, other than the authorized agent of the common carrier issuing the same, to sell or otherwise deal in or offer to sell any railroad, railway, steamship, or steamboat passenger ticket which shows that it was issued and sold below the standard schedule rate under contract with the original purchaser entered upon such ticket and signed by the original purchaser, to the effect that such ticket is nontransferable and void in the hands of any person other than the original purchaser thereof; provided, that nothing in this section nor in § 65-20-103 shall be construed as depriving the original purchaser of a transferable ticket of the right to sell same to a person who will in good faith personally use it in the prosecution of a journey. (b) It is the duty of every common carrier that shall have sold any ticket or other evidence of the purchaser's right to travel on its line, or any line of which it forms a part, to, if the whole of such ticket be unused, redeem the same, paying the original purchaser thereof, the actual amount for which the ticket was sold; or, if any part of such ticket be unused, to redeem such unused part, paying the original purchaser thereof at a rate which shall be equal to the difference between the price paid for the whole ticket and the price of a ticket between the points for which the ticket was actually used; provided, that such purchaser shall present such unused or partly used ticket for redemption within six (6) months after the date of its issuance, to the officer or agent who shall be authorized or designated by such common carrier to redeem unused or partly used tickets, and the officer shall within fifteen (15) days after the receipt of such ticket redeem the same as hereinbefore provided. Such redemption shall be made without cost of exchange or other expense to the purchaser of the ticket. (c) A violation of this section is a Class C misdemeanor. Acts 1905, ch. 410, §§ 1-3; Shan., §§ 3600a6-3600a8; Code 1932, §§ 6691-6693; T.C.A. (orig. ed.), §§ 65-2010 -- 65-2012; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any person, other than the authorized agent of the common carrier issuing the same, to sell or otherwise deal in or offer to sell any railroad, railway, steamship, or steamboat passenger ticket which shows that it was issued and sold below the standard schedule rate under contract with the original purchaser entered upon such ticket and signed by the original purchaser, to the effect that such ticket is nontransferable and void in the hands of any person other than the original purchaser thereof; provided, that nothing in this section nor in § 65-20-103 shall be construed as depriving the original purchaser of a transferable ticket of the right to sell same to a person who will in good faith personally use it in the prosecution of a journey.
(b) It is the duty of every common carrier that shall have sold any ticket or other evidence of the purchaser's right to travel on its line, or any line of which it forms a part, to, if the whole of such ticket be unused, redeem the same, paying the original purchaser thereof, the actual amount for which the ticket was sold; or, if any part of such ticket be unused, to redeem such unused part, paying the original purchaser thereof at a rate which shall be equal to the difference between the price paid for the whole ticket and the price of a ticket between the points for which the ticket was actually used; provided, that such purchaser shall present such unused or partly used ticket for redemption within six (6) months after the date of its issuance, to the officer or agent who shall be authorized or designated by such common carrier to redeem unused or partly used tickets, and the officer shall within fifteen (15) days after the receipt of such ticket redeem the same as hereinbefore provided. Such redemption shall be made without cost of exchange or other expense to the purchaser of the ticket.
(c) A violation of this section is a Class C misdemeanor.
Acts 1905, ch. 410, §§ 1-3; Shan., §§ 3600a6-3600a8; Code 1932, §§ 6691-6693; T.C.A. (orig. ed.), §§ 65-2010 -- 65-2012; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 65-30-104 — TN Code / Title 65 / Chapter 30 / Section 65-30-104
Applicability of chapter
Status: in_force

(a) This chapter relates only to "radio common carriers" as defined in § 65-30-103 and shall not apply to mobile radio telephone service offered by land line telephone or telegraph utilities regulated by the commission. (b) This chapter shall not apply to operations of radio or television broadcast stations licensed and regulated by the federal communications commission. Acts 1972, ch. 641, § 5; T.C.A., § 65-3005; Acts 1995, ch. 305, § 40.
(a) This chapter relates only to "radio common carriers" as defined in § 65-30-103 and shall not apply to mobile radio telephone service offered by land line telephone or telegraph utilities regulated by the commission.
(b) This chapter shall not apply to operations of radio or television broadcast stations licensed and regulated by the federal communications commission.
Acts 1972, ch. 641, § 5; T.C.A., § 65-3005; Acts 1995, ch. 305, § 40.
Tenn. Code Ann. § 65-14-106 — TN Code / Title 65 / Chapter 14 / Section 65-14-106
Lessee railroads - Guarantee of principal and interest of bonds and other contracts
Status: in_force

Such railroad company or companies may severally or jointly, or jointly and severally, guarantee the principal and interest of such bonds as may be issued by the railroad terminal corporation, and may in like manner guarantee the performance of any other contract that the railroad terminal corporation may make in regard to its corporate business. Acts 1893, ch. 11, § 3; Shan., § 2435; mod. Code 1932, § 4064; T.C.A. (orig. ed.), § 65-1406.
Such railroad company or companies may severally or jointly, or jointly and severally, guarantee the principal and interest of such bonds as may be issued by the railroad terminal corporation, and may in like manner guarantee the performance of any other contract that the railroad terminal corporation may make in regard to its corporate business.
Acts 1893, ch. 11, § 3; Shan., § 2435; mod. Code 1932, § 4064; T.C.A. (orig. ed.), § 65-1406.
Tenn. Code Ann. § 65-15-117 — TN Code / Title 65 / Chapter 15 / Section 65-15-117
Motor carrier safety improvement
Status: in_force

(a) The deployment, implementation, or use of a motor carrier safety improvement by or as required by a motor carrier or its related entity, including by contract, shall not be considered when evaluating an individual's status as an employee or independent contractor, or as a jointly employed employee, under any state law. (b) For purposes of this section, "motor carrier safety improvement" means any device, equipment, software, technology, procedure, training, policy, program, or operational practice intended and primarily used to improve or facilitate any of the following: (1) Compliance with traffic safety or motor carrier safety laws; (2) Safety of a motor vehicle; (3) Safety of the operator of a motor vehicle; or (4) Safety of third-party users of public roadways. Added by 2019 Tenn. Acts, ch. 97,s 1, eff. 3/28/2019.
(a) The deployment, implementation, or use of a motor carrier safety improvement by or as required by a motor carrier or its related entity, including by contract, shall not be considered when evaluating an individual's status as an employee or independent contractor, or as a jointly employed employee, under any state law.
(b) For purposes of this section, "motor carrier safety improvement" means any device, equipment, software, technology, procedure, training, policy, program, or operational practice intended and primarily used to improve or facilitate any of the following: (1) Compliance with traffic safety or motor carrier safety laws; (2) Safety of a motor vehicle; (3) Safety of the operator of a motor vehicle; or (4) Safety of third-party users of public roadways.
(1) Compliance with traffic safety or motor carrier safety laws;
(2) Safety of a motor vehicle;
(3) Safety of the operator of a motor vehicle; or
(4) Safety of third-party users of public roadways.
Added by 2019 Tenn. Acts, ch. 97,s 1, eff. 3/28/2019.
Tenn. Code Ann. § 65-29-134 — TN Code / Title 65 / Chapter 29 / Section 65-29-134
Notice to cooperative members of merger
Status: in_force

(a) (1) Notwithstanding any law to the contrary, in any cooperative organized under this chapter which provides service in five (5) or more counties, including a county containing and physically divided by a United States government corps of engineers dam and reservoir project of thirty-four thousand (34,000) acres or more, and which serves less than twenty thousand (20,000) subscribers as of April 15, 1986, the board of directors of such cooperative must give notice to members of the cooperative that at the next annual or special meeting such board of directors is filing a stock merger registration statement with the securities and exchange commission or is taking other lawful measures to convert to or merge with a for-profit entity. Such notice to the members shall be published once a week for four (4) consecutive weeks in a newspaper of general circulation in each county served by the cooperative with the last notice being at least three (3) weeks prior to the meeting. Such notice of meeting shall be at least one-fourth (¼) of a page in size and include an estimate of the moneys the board would expend to effectuate the merger. (2) The members shall then vote as to whether such stock merger registration statement may be filed or whether the board may take other appropriate measures to convert to or merge with a for-profit entity. In order for a membership approval to be valid, at least ten percent (10%) of the membership of the cooperative must vote and a majority of the voting members must vote in favor of submitting a registration statement or other valid measure to convert to or merge with a for-profit entity. (3) If the majority approves such filing or approves taking further appropriate action toward converting to or merging with a for-profit entity, then the board may make the appropriate registration statement filing with the securities and exchange commission or, in cases where a filing is unnecessary, may take further appropriate action. (4) Once such filing is made effective by the securities and exchange commission or such further appropriate action was taken, then the proposition for the conversion with or merger of a cooperative with a private corporation or other for-profit entity, and the proposed articles of conversion or merger approved by the board of directors of the parties to the proposed conversion or merger, shall then be submitted to a vote of the members of such cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed conversion or merger including an estimate of the moneys expended to effectuate the conversion or merger. The notice of such meeting shall also be published once a week for four (4) consecutive weeks in a newspaper of general circulation in each county served by the cooperative with the last notice being at least three (3) weeks prior to the meeting. Such notice of meeting shall be at least one-fourth (¼) of a page in size. The notice of the scheduled vote shall also be mailed in the members' monthly telephone bill one (1) month prior to the election. (5) Any election to convert or merge such cooperative shall be held at least ninety (90) days after the date the election at which the membership approved the filing of a registration statement or other appropriate measure for conversion or merger is held and shall be held on voting machines and under the supervision of the election commission in the county where the principal office of the cooperative is located. The voting machines for any such election shall remain open for nine (9) full hours from eight o'clock a.m. (8:00 a.m.) until five o'clock p.m. (5:00 p.m.). Any election contest pursuant to this subsection (a) shall be filed and tried by the criminal court of the county where the election occurs. The board of directors is hereby authorized to contract with any county election commission, or the employees thereof, affected by the terms of this subsection (a) for the purpose of holding an election pursuant to this subsection (a). Any election as to whether to convert to or merge with a private corporation or other for-profit entity shall also be conducted at an annual or special meeting that is held on a Saturday. The proposed conversion or merger and the proposed articles of conversion or merger shall be deemed to be approved upon the affirmative vote of not less than two-thirds (2/3) of those members of the cooperative voting thereon at such meeting. (b) This section shall not be construed as prohibiting the membership of a cooperative from amending the cooperative's bylaws to have more restrictive voting requirements to convert or merge into a for-profit entity than provided for under this section. Acts 2000, ch. 695, §§ 1, 2.
(a) (1) Notwithstanding any law to the contrary, in any cooperative organized under this chapter which provides service in five (5) or more counties, including a county containing and physically divided by a United States government corps of engineers dam and reservoir project of thirty-four thousand (34,000) acres or more, and which serves less than twenty thousand (20,000) subscribers as of April 15, 1986, the board of directors of such cooperative must give notice to members of the cooperative that at the next annual or special meeting such board of directors is filing a stock merger registration statement with the securities and exchange commission or is taking other lawful measures to convert to or merge with a for-profit entity. Such notice to the members shall be published once a week for four (4) consecutive weeks in a newspaper of general circulation in each county served by the cooperative with the last notice being at least three (3) weeks prior to the meeting. Such notice of meeting shall be at least one-fourth (¼) of a page in size and include an estimate of the moneys the board would expend to effectuate the merger. (2) The members shall then vote as to whether such stock merger registration statement may be filed or whether the board may take other appropriate measures to convert to or merge with a for-profit entity. In order for a membership approval to be valid, at least ten percent (10%) of the membership of the cooperative must vote and a majority of the voting members must vote in favor of submitting a registration statement or other valid measure to convert to or merge with a for-profit entity. (3) If the majority approves such filing or approves taking further appropriate action toward converting to or merging with a for-profit entity, then the board may make the appropriate registration statement filing with the securities and exchange commission or, in cases where a filing is unnecessary, may take further appropriate action. (4) Once such filing is made effective by the securities and exchange commission or such further appropriate action was taken, then the proposition for the conversion with or merger of a cooperative with a private corporation or other for-profit entity, and the proposed articles of conversion or merger approved by the board of directors of the parties to the proposed conversion or merger, shall then be submitted to a vote of the members of such cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed conversion or merger including an estimate of the moneys expended to effectuate the conversion or merger. The notice of such meeting shall also be published once a week for four (4) consecutive weeks in a newspaper of general circulation in each county served by the cooperative with the last notice being at least three (3) weeks prior to the meeting. Such notice of meeting shall be at least one-fourth (¼) of a page in size. The notice of the scheduled vote shall also be mailed in the members' monthly telephone bill one (1) month prior to the election. (5) Any election to convert or merge such cooperative shall be held at least ninety (90) days after the date the election at which the membership approved the filing of a registration statement or other appropriate measure for conversion or merger is held and shall be held on voting machines and under the supervision of the election commission in the county where the principal office of the cooperative is located. The voting machines for any such election shall remain open for nine (9) full hours from eight o'clock a.m. (8:00 a.m.) until five o'clock p.m. (5:00 p.m.). Any election contest pursuant to this subsection (a) shall be filed and tried by the criminal court of the county where the election occurs. The board of directors is hereby authorized to contract with any county election commission, or the employees thereof, affected by the terms of this subsection (a) for the purpose of holding an election pursuant to this subsection (a). Any election as to whether to convert to or merge with a private corporation or other for-profit entity shall also be conducted at an annual or special meeting that is held on a Saturday. The proposed conversion or merger and the proposed articles of conversion or merger shall be deemed to be approved upon the affirmative vote of not less than two-thirds (2/3) of those members of the cooperative voting thereon at such meeting.
(1) Notwithstanding any law to the contrary, in any cooperative organized under this chapter which provides service in five (5) or more counties, including a county containing and physically divided by a United States government corps of engineers dam and reservoir project of thirty-four thousand (34,000) acres or more, and which serves less than twenty thousand (20,000) subscribers as of April 15, 1986, the board of directors of such cooperative must give notice to members of the cooperative that at the next annual or special meeting such board of directors is filing a stock merger registration statement with the securities and exchange commission or is taking other lawful measures to convert to or merge with a for-profit entity. Such notice to the members shall be published once a week for four (4) consecutive weeks in a newspaper of general circulation in each county served by the cooperative with the last notice being at least three (3) weeks prior to the meeting. Such notice of meeting shall be at least one-fourth (¼) of a page in size and include an estimate of the moneys the board would expend to effectuate the merger.
(2) The members shall then vote as to whether such stock merger registration statement may be filed or whether the board may take other appropriate measures to convert to or merge with a for-profit entity. In order for a membership approval to be valid, at least ten percent (10%) of the membership of the cooperative must vote and a majority of the voting members must vote in favor of submitting a registration statement or other valid measure to convert to or merge with a for-profit entity.
(3) If the majority approves such filing or approves taking further appropriate action toward converting to or merging with a for-profit entity, then the board may make the appropriate registration statement filing with the securities and exchange commission or, in cases where a filing is unnecessary, may take further appropriate action.
(4) Once such filing is made effective by the securities and exchange commission or such further appropriate action was taken, then the proposition for the conversion with or merger of a cooperative with a private corporation or other for-profit entity, and the proposed articles of conversion or merger approved by the board of directors of the parties to the proposed conversion or merger, shall then be submitted to a vote of the members of such cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed conversion or merger including an estimate of the moneys expended to effectuate the conversion or merger. The notice of such meeting shall also be published once a week for four (4) consecutive weeks in a newspaper of general circulation in each county served by the cooperative with the last notice being at least three (3) weeks prior to the meeting. Such notice of meeting shall be at least one-fourth (¼) of a page in size. The notice of the scheduled vote shall also be mailed in the members' monthly telephone bill one (1) month prior to the election.
(5) Any election to convert or merge such cooperative shall be held at least ninety (90) days after the date the election at which the membership approved the filing of a registration statement or other appropriate measure for conversion or merger is held and shall be held on voting machines and under the supervision of the election commission in the county where the principal office of the cooperative is located. The voting machines for any such election shall remain open for nine (9) full hours from eight o'clock a.m. (8:00 a.m.) until five o'clock p.m. (5:00 p.m.). Any election contest pursuant to this subsection (a) shall be filed and tried by the criminal court of the county where the election occurs. The board of directors is hereby authorized to contract with any county election commission, or the employees thereof, affected by the terms of this subsection (a) for the purpose of holding an election pursuant to this subsection (a). Any election as to whether to convert to or merge with a private corporation or other for-profit entity shall also be conducted at an annual or special meeting that is held on a Saturday. The proposed conversion or merger and the proposed articles of conversion or merger shall be deemed to be approved upon the affirmative vote of not less than two-thirds (2/3) of those members of the cooperative voting thereon at such meeting.
(b) This section shall not be construed as prohibiting the membership of a cooperative from amending the cooperative's bylaws to have more restrictive voting requirements to convert or merge into a for-profit entity than provided for under this section.
Acts 2000, ch. 695, §§ 1, 2.
Tenn. Code Ann. § 65-4-207 — TN Code / Title 65 / Chapter 4 / Section 65-4-207
Law inapplicable at local option
Status: in_force

(a) This part does not apply where any municipality or county by resolution or ordinance declares that a public necessity requires a competing company in that municipality or county. (b) This section shall not apply to telecommunications service providers; provided, that this section shall continue to apply with respect to any ordinance adopted, and any franchise granted pursuant to such an ordinance, prior to June 6, 1995. Acts 1923, ch. 87, § 6; Shan. Supp., § 1843a8; Code 1932, § 5508; T.C.A. (orig. ed.), § 65-421; Acts 1995, ch. 408, § 6.
(a) This part does not apply where any municipality or county by resolution or ordinance declares that a public necessity requires a competing company in that municipality or county.
(b) This section shall not apply to telecommunications service providers; provided, that this section shall continue to apply with respect to any ordinance adopted, and any franchise granted pursuant to such an ordinance, prior to June 6, 1995.
Acts 1923, ch. 87, § 6; Shan. Supp., § 1843a8; Code 1932, § 5508; T.C.A. (orig. ed.), § 65-421; Acts 1995, ch. 408, § 6.
Tenn. Code Ann. § 65-3-205 — TN Code / Title 65 / Chapter 3 / Section 65-3-205
Employees
Status: in_force

The commissioner of transportation is empowered to employ such rate experts, engineers, attorneys, accountants, auditors, inspectors, examiners, clerks, agents or other employees, and assign to them such duties as shall be necessary to enable the department of transportation to fully perform the duties, and to exercise the powers conferred by this chapter upon the department of transportation, subject to its review. This section shall not be construed to authorize or to permit such attorneys to file any action or to otherwise appear before any state or federal court without prior approval of the attorney general and reporter. Acts 1970, ch. 599, § 1(19); T.C.A., § 65-336; Acts 1982, ch. 788, § 7; 1995, ch. 305, §§ 10, 13; 1995, ch. 536, § 3.
The commissioner of transportation is empowered to employ such rate experts, engineers, attorneys, accountants, auditors, inspectors, examiners, clerks, agents or other employees, and assign to them such duties as shall be necessary to enable the department of transportation to fully perform the duties, and to exercise the powers conferred by this chapter upon the department of transportation, subject to its review. This section shall not be construed to authorize or to permit such attorneys to file any action or to otherwise appear before any state or federal court without prior approval of the attorney general and reporter.
Acts 1970, ch. 599, § 1(19); T.C.A., § 65-336; Acts 1982, ch. 788, § 7; 1995, ch. 305, §§ 10, 13; 1995, ch. 536, § 3.
Tenn. Code Ann. § 65-1-105 — TN Code / Title 65 / Chapter 1 / Section 65-1-105
Compensation - Expenses
Status: in_force

(a) The compensation of each commissioner of the Tennessee public utility commission shall be thirty-six thousand dollars ($36,000) per year payable monthly out of the state treasury on the warrant of the commissioner of finance and administration. When commissioners are assigned to serve on a panel lasting more than one (1) day, the commissioner shall be compensated one hundred forty dollars ($140) for each day, or portion of a day, following the first day, for the duration of the matter. Such compensation shall be in addition to reimbursement for actual travel expenses on official business under subsection (b). (b) The seven (7) commissioners shall be reimbursed for their actual travel expenses on official business in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Amended by 2021 Tenn. Acts, ch. 583, s 3, eff. 5/27/2021. Acts 1995, ch. 305, § 5; 2002, ch. 826, § 5; T.C.A. § 65-1-205; Acts 2012, ch. 1070, § 7.
(a) The compensation of each commissioner of the Tennessee public utility commission shall be thirty-six thousand dollars ($36,000) per year payable monthly out of the state treasury on the warrant of the commissioner of finance and administration. When commissioners are assigned to serve on a panel lasting more than one (1) day, the commissioner shall be compensated one hundred forty dollars ($140) for each day, or portion of a day, following the first day, for the duration of the matter. Such compensation shall be in addition to reimbursement for actual travel expenses on official business under subsection (b).
(b) The seven (7) commissioners shall be reimbursed for their actual travel expenses on official business in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Amended by 2021 Tenn. Acts, ch. 583, s 3, eff. 5/27/2021.
Acts 1995, ch. 305, § 5; 2002, ch. 826, § 5; T.C.A. § 65-1-205; Acts 2012, ch. 1070, § 7.
Tenn. Code Ann. § 65-19-203 — TN Code / Title 65 / Chapter 19 / Section 65-19-203
Workers' compensation
Status: in_force

The Workers' Compensation Law, compiled in title 50, chapter 6, concerning compensation for workers injured during the course of their employment, shall not apply to a person injured while participating in a ridesharing arrangement between such person's place of residence and place of employment or termini near such places; however, if the employer owns, leases, or contracts for the motor vehicle used in such an arrangement, the Workers' Compensation Law shall apply. Acts 1984, ch. 557, § 3.
The Workers' Compensation Law, compiled in title 50, chapter 6, concerning compensation for workers injured during the course of their employment, shall not apply to a person injured while participating in a ridesharing arrangement between such person's place of residence and place of employment or termini near such places; however, if the employer owns, leases, or contracts for the motor vehicle used in such an arrangement, the Workers' Compensation Law shall apply.
Acts 1984, ch. 557, § 3.
Tenn. Code Ann. § 65-29-121 — TN Code / Title 65 / Chapter 29 / Section 65-29-121
Use of revenue
Status: in_force

(a) Revenues of a corporation for any fiscal year may be used to: (1) Defray expenses of the cooperative and of the operation and maintenance of its facilities during such fiscal year; (2) Pay the interest and principal obligations of the cooperative coming due in such fiscal year; (3) Finance, or to provide a reserve for the financing of, the construction or acquisition by, the cooperative of additional facilities to the extent determined by the board of directors; (4) Provide a reasonable reserve for working capital; (5) Provide a reserve for the payment of indebtedness of the cooperative maturing more than one (1) year after the date of issuance of such indebtedness in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year; (6) Provide a fund for education and the dissemination of information concerning the effective use of telephone service and other services made available by the cooperative; and (7) Provide reserves against the contingencies of catastrophe or calamity, including, but not limited to, ice breaks, cyclone, tornado, high winds, snows, etc.; reserves for bad debt losses, major service losses, such as discontinuance of service by large plants or government installations with a large number of telephones. (b) All operating revenues in excess of the amounts necessary to pay expenses of operating and maintenance of its facilities and interest during the fiscal year shall be distributed by the cooperative to its patrons as either: (1) A refund to the patrons, which refund may in the discretion of the governing body be: (A) A credit on the books of the cooperative as a capital credit; (B) In cash; or (C) A combination of subdivisions (b)(1)(A) and (B); or (2) A general rate reduction. (c) The amount of each individual patron's credit as in subdivision (b)(1) shall be the same percentage of the total funds available for credit to patrons as such patron contributed to the total patronage of the cooperative for the period involved. Acts 1961, ch. 330, § 20; 1973, ch. 157, § 2; T.C.A., § 65-2921.
(a) Revenues of a corporation for any fiscal year may be used to: (1) Defray expenses of the cooperative and of the operation and maintenance of its facilities during such fiscal year; (2) Pay the interest and principal obligations of the cooperative coming due in such fiscal year; (3) Finance, or to provide a reserve for the financing of, the construction or acquisition by, the cooperative of additional facilities to the extent determined by the board of directors; (4) Provide a reasonable reserve for working capital; (5) Provide a reserve for the payment of indebtedness of the cooperative maturing more than one (1) year after the date of issuance of such indebtedness in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year; (6) Provide a fund for education and the dissemination of information concerning the effective use of telephone service and other services made available by the cooperative; and (7) Provide reserves against the contingencies of catastrophe or calamity, including, but not limited to, ice breaks, cyclone, tornado, high winds, snows, etc.; reserves for bad debt losses, major service losses, such as discontinuance of service by large plants or government installations with a large number of telephones.
(1) Defray expenses of the cooperative and of the operation and maintenance of its facilities during such fiscal year;
(2) Pay the interest and principal obligations of the cooperative coming due in such fiscal year;
(3) Finance, or to provide a reserve for the financing of, the construction or acquisition by, the cooperative of additional facilities to the extent determined by the board of directors;
(4) Provide a reasonable reserve for working capital;
(5) Provide a reserve for the payment of indebtedness of the cooperative maturing more than one (1) year after the date of issuance of such indebtedness in an amount not less than the total of the interest and principal payments in respect thereof required to be made during the next following fiscal year;
(6) Provide a fund for education and the dissemination of information concerning the effective use of telephone service and other services made available by the cooperative; and
(7) Provide reserves against the contingencies of catastrophe or calamity, including, but not limited to, ice breaks, cyclone, tornado, high winds, snows, etc.; reserves for bad debt losses, major service losses, such as discontinuance of service by large plants or government installations with a large number of telephones.
(b) All operating revenues in excess of the amounts necessary to pay expenses of operating and maintenance of its facilities and interest during the fiscal year shall be distributed by the cooperative to its patrons as either: (1) A refund to the patrons, which refund may in the discretion of the governing body be: (A) A credit on the books of the cooperative as a capital credit; (B) In cash; or (C) A combination of subdivisions (b)(1)(A) and (B); or (2) A general rate reduction.
(1) A refund to the patrons, which refund may in the discretion of the governing body be: (A) A credit on the books of the cooperative as a capital credit; (B) In cash; or (C) A combination of subdivisions (b)(1)(A) and (B); or
(A) A credit on the books of the cooperative as a capital credit;
(B) In cash; or
(C) A combination of subdivisions (b)(1)(A) and (B); or
(2) A general rate reduction.
(c) The amount of each individual patron's credit as in subdivision (b)(1) shall be the same percentage of the total funds available for credit to patrons as such patron contributed to the total patronage of the cooperative for the period involved.
Acts 1961, ch. 330, § 20; 1973, ch. 157, § 2; T.C.A., § 65-2921.
Tenn. Code Ann. § 65-31-107 — TN Code / Title 65 / Chapter 31 / Section 65-31-107
Operator associations for mutual receipt of notifications
Status: in_force

(a) Subject to the requirements of subsection (b), operators may form and operate a one-call service providing for mutual receipt of notifications of excavation or demolition operations, pursuant to § 65-31-106 , in a defined geographical area. Any operator that suffers damage as a result of not participating in a one-call service providing for receipt of the notification of excavation or demolition operations in a defined geographic area, pursuant to § 65-31-106 , waives the right to recover damages to the operator's underground utilities from the excavator; provided, that the provisions of this chapter were met by the excavator. (b) (1) All operators are required to join the one-call service and utilize the services of the notification center as follows: (A) Operators that are members of the existing one-call service on May 20, 2015, shall remain members; (B) Operators with more than fifty thousand (50,000) customers served underground or one thousand (1,000) miles of facilities underground, who are not members, shall join the one-call service no later than January 1, 2016; (C) Operators with more than twenty-five thousand (25,000) customers served underground or five hundred (500) miles of facilities underground, who are not members, shall join the one-call service no later than January 1, 2017; (D) All operators that do not meet the thresholds described in subdivision (b)(1)(A), (b)(1)(B), or (b)(1)(C) shall join the one-call service no later than January 1, 2018; and (E) Failure of an operator as described in this subdivision (b)(1) to join the one-call service and utilize the services of the notification center in accordance with this section is a violation of this chapter and subjects the operator to the penalties described in § 65-31-112 . (2) This subsection (b) shall not apply to operators whose total amount of underground facilities constitutes less than twenty percent (20%) of their total utility plant in service. (c) There shall be only one (1) one-call service for this state. (d) The one-call service shall provide for a proportional method of apportioning the cost of operating the notification center among its members. (e) The one-call service shall provide training for those who have violated this chapter, unless otherwise determined by the board. (f) The one-call service may collect data concerning notice issues related to excavation projects encompassing more than two thousand feet (2,000') within a contiguous geographical area, or that will take more than ninety (90) days to complete. The one-call service may utilize such data to recommend alternatives to the board that would alleviate the number of repeated additional notices required on such excavation projects by § 65-31-106 . Amended by 2023 Tenn. Acts, ch. 274, s 5, eff. 4/28/2023. Amended by 2021 Tenn. Acts, ch. 307, s 3, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 716, Secs.s 2, s 3eff. 4/12/2018. Amended by 2015 Tenn. Acts, ch. 488, s 3, eff. 5/20/2015. Acts 1978, ch. 692, § 7; T.C.A., § 65-3207; Acts 1993, ch. 223, §13; 1996, ch. 855, §§ 1-3; 1999, ch. 73, § 3; 2006, ch. 686, § 6.
(a) Subject to the requirements of subsection (b), operators may form and operate a one-call service providing for mutual receipt of notifications of excavation or demolition operations, pursuant to § 65-31-106 , in a defined geographical area. Any operator that suffers damage as a result of not participating in a one-call service providing for receipt of the notification of excavation or demolition operations in a defined geographic area, pursuant to § 65-31-106 , waives the right to recover damages to the operator's underground utilities from the excavator; provided, that the provisions of this chapter were met by the excavator.
(b) (1) All operators are required to join the one-call service and utilize the services of the notification center as follows: (A) Operators that are members of the existing one-call service on May 20, 2015, shall remain members; (B) Operators with more than fifty thousand (50,000) customers served underground or one thousand (1,000) miles of facilities underground, who are not members, shall join the one-call service no later than January 1, 2016; (C) Operators with more than twenty-five thousand (25,000) customers served underground or five hundred (500) miles of facilities underground, who are not members, shall join the one-call service no later than January 1, 2017; (D) All operators that do not meet the thresholds described in subdivision (b)(1)(A), (b)(1)(B), or (b)(1)(C) shall join the one-call service no later than January 1, 2018; and (E) Failure of an operator as described in this subdivision (b)(1) to join the one-call service and utilize the services of the notification center in accordance with this section is a violation of this chapter and subjects the operator to the penalties described in § 65-31-112 . (2) This subsection (b) shall not apply to operators whose total amount of underground facilities constitutes less than twenty percent (20%) of their total utility plant in service.
(1) All operators are required to join the one-call service and utilize the services of the notification center as follows: (A) Operators that are members of the existing one-call service on May 20, 2015, shall remain members; (B) Operators with more than fifty thousand (50,000) customers served underground or one thousand (1,000) miles of facilities underground, who are not members, shall join the one-call service no later than January 1, 2016; (C) Operators with more than twenty-five thousand (25,000) customers served underground or five hundred (500) miles of facilities underground, who are not members, shall join the one-call service no later than January 1, 2017; (D) All operators that do not meet the thresholds described in subdivision (b)(1)(A), (b)(1)(B), or (b)(1)(C) shall join the one-call service no later than January 1, 2018; and (E) Failure of an operator as described in this subdivision (b)(1) to join the one-call service and utilize the services of the notification center in accordance with this section is a violation of this chapter and subjects the operator to the penalties described in § 65-31-112 .
(A) Operators that are members of the existing one-call service on May 20, 2015, shall remain members;
(B) Operators with more than fifty thousand (50,000) customers served underground or one thousand (1,000) miles of facilities underground, who are not members, shall join the one-call service no later than January 1, 2016;
(C) Operators with more than twenty-five thousand (25,000) customers served underground or five hundred (500) miles of facilities underground, who are not members, shall join the one-call service no later than January 1, 2017;
(D) All operators that do not meet the thresholds described in subdivision (b)(1)(A), (b)(1)(B), or (b)(1)(C) shall join the one-call service no later than January 1, 2018; and
(E) Failure of an operator as described in this subdivision (b)(1) to join the one-call service and utilize the services of the notification center in accordance with this section is a violation of this chapter and subjects the operator to the penalties described in § 65-31-112 .
(2) This subsection (b) shall not apply to operators whose total amount of underground facilities constitutes less than twenty percent (20%) of their total utility plant in service.
(c) There shall be only one (1) one-call service for this state.
(d) The one-call service shall provide for a proportional method of apportioning the cost of operating the notification center among its members.
(e) The one-call service shall provide training for those who have violated this chapter, unless otherwise determined by the board.
(f) The one-call service may collect data concerning notice issues related to excavation projects encompassing more than two thousand feet (2,000') within a contiguous geographical area, or that will take more than ninety (90) days to complete. The one-call service may utilize such data to recommend alternatives to the board that would alleviate the number of repeated additional notices required on such excavation projects by § 65-31-106 .
Amended by 2023 Tenn. Acts, ch. 274, s 5, eff. 4/28/2023.
Amended by 2021 Tenn. Acts, ch. 307, s 3, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 716, Secs.s 2, s 3eff. 4/12/2018.
Amended by 2015 Tenn. Acts, ch. 488, s 3, eff. 5/20/2015.
Acts 1978, ch. 692, § 7; T.C.A., § 65-3207; Acts 1993, ch. 223, §13; 1996, ch. 855, §§ 1-3; 1999, ch. 73, § 3; 2006, ch. 686, § 6.
Tenn. Code Ann. § 65-15-301 — TN Code / Title 65 / Chapter 15 / Section 65-15-301
Part definitions
Status: in_force

As used in this part: (1) "Digital network" means any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers; (2) "Personal vehicle" means a vehicle that is used by a transportation network company driver and is: (A) Owned, leased, or otherwise authorized for use by the transportation network company driver; and (B) Not a taxicab, limousine, or for-hire vehicle; (3) "Prearranged ride" means the provision of transportation by a driver to a rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride does not include: (A) Shared expense carpool or vanpool arrangements provided by businesses engaged in the rental of motor vehicles; or (B) Transportation provided using a taxi, limousine, or other for-hire vehicle regulated pursuant to § 7-51-1003 ; (4) "Transportation network company" means a corporation, partnership, sole proprietorship, or other entity operating in this state that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract; (5) "Transportation network company driver" or "driver" means an individual who: (A) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and (B) Uses a personal vehicle to offer or provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee; and (6) "Transportation network company rider" or "rider" means a person or persons who use a transportation network company's digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider. Added by 2015 Tenn. Acts, ch. 520, s 4, eff. 5/20/2015.
As used in this part:
(1) "Digital network" means any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers;
(2) "Personal vehicle" means a vehicle that is used by a transportation network company driver and is: (A) Owned, leased, or otherwise authorized for use by the transportation network company driver; and (B) Not a taxicab, limousine, or for-hire vehicle;
(A) Owned, leased, or otherwise authorized for use by the transportation network company driver; and
(B) Not a taxicab, limousine, or for-hire vehicle;
(3) "Prearranged ride" means the provision of transportation by a driver to a rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride does not include: (A) Shared expense carpool or vanpool arrangements provided by businesses engaged in the rental of motor vehicles; or (B) Transportation provided using a taxi, limousine, or other for-hire vehicle regulated pursuant to § 7-51-1003 ;
(A) Shared expense carpool or vanpool arrangements provided by businesses engaged in the rental of motor vehicles; or
(B) Transportation provided using a taxi, limousine, or other for-hire vehicle regulated pursuant to § 7-51-1003 ;
(4) "Transportation network company" means a corporation, partnership, sole proprietorship, or other entity operating in this state that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract;
(5) "Transportation network company driver" or "driver" means an individual who: (A) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and (B) Uses a personal vehicle to offer or provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee; and
(A) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and
(B) Uses a personal vehicle to offer or provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee; and
(6) "Transportation network company rider" or "rider" means a person or persons who use a transportation network company's digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider.
Added by 2015 Tenn. Acts, ch. 520, s 4, eff. 5/20/2015.
Tenn. Code Ann. § 65-25-106 — TN Code / Title 65 / Chapter 25 / Section 65-25-106
Bylaws
Status: in_force

(a) The original bylaws of a cooperative shall be adopted by its board. Thereafter, bylaws shall be changed by adoption, amendment, or repeal by its members, except that: (1) The members may, by bylaw provision, delegate to the board the power to change all or any specified provision of the bylaws, but such delegation shall not forfeit or restrict the right of the members thereafter to change such provision, whether or not the board has theretofore exercised such delegated power; and (2) Either the board or the members of a cooperative may change any bylaw when, as established by law, such bylaw is illegal or has become a legal nullity. (b) A bylaw may not be changed unless a copy or an accurate summary explanation thereof is contained in or with the notice of the member or board meeting at which it is to be acted upon; a proposed change so noticed may be amended from the floor of a board meeting if the floor amendment is germane thereto, but it may not be so amended from the floor of a member meeting unless such floor amendment is germane thereto and the bylaws provide that such floor amendment is allowable. Except as may otherwise be determined by the board, a change of the bylaws proposed by individual members shall not be so noticed to or acted upon by the members at a member meeting unless a petition setting forth with particularity the wording of the proposed change shall be filed with the cooperative over the signatures of as many as, but no less than, fifty (50) members at least forty-five (45) days prior to the date of such member meeting; provided, that the board need not notice any bylaw change proposed by such a petition if it determined that, if adopted, the change would be illegal or a legal nullity. The time of the effectiveness of any change shall be as determined by its own wording or as fixed in the wording of the resolution by which it is adopted. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-206 .
(a) The original bylaws of a cooperative shall be adopted by its board. Thereafter, bylaws shall be changed by adoption, amendment, or repeal by its members, except that: (1) The members may, by bylaw provision, delegate to the board the power to change all or any specified provision of the bylaws, but such delegation shall not forfeit or restrict the right of the members thereafter to change such provision, whether or not the board has theretofore exercised such delegated power; and (2) Either the board or the members of a cooperative may change any bylaw when, as established by law, such bylaw is illegal or has become a legal nullity.
(1) The members may, by bylaw provision, delegate to the board the power to change all or any specified provision of the bylaws, but such delegation shall not forfeit or restrict the right of the members thereafter to change such provision, whether or not the board has theretofore exercised such delegated power; and
(2) Either the board or the members of a cooperative may change any bylaw when, as established by law, such bylaw is illegal or has become a legal nullity.
(b) A bylaw may not be changed unless a copy or an accurate summary explanation thereof is contained in or with the notice of the member or board meeting at which it is to be acted upon; a proposed change so noticed may be amended from the floor of a board meeting if the floor amendment is germane thereto, but it may not be so amended from the floor of a member meeting unless such floor amendment is germane thereto and the bylaws provide that such floor amendment is allowable. Except as may otherwise be determined by the board, a change of the bylaws proposed by individual members shall not be so noticed to or acted upon by the members at a member meeting unless a petition setting forth with particularity the wording of the proposed change shall be filed with the cooperative over the signatures of as many as, but no less than, fifty (50) members at least forty-five (45) days prior to the date of such member meeting; provided, that the board need not notice any bylaw change proposed by such a petition if it determined that, if adopted, the change would be illegal or a legal nullity. The time of the effectiveness of any change shall be as determined by its own wording or as fixed in the wording of the resolution by which it is adopted.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-206 .
Tenn. Code Ann. § 65-36-102 — TN Code / Title 65 / Chapter 36 / Section 65-36-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Electric cooperative" means an electric cooperative or electric membership corporation, whether organized or operating under chapter 25 of this title or similar statutes of any other state, which, as of June 19, 1997, distributes electric power purchased from the Tennessee Valley authority; and (2) "Municipal utility" and "municipal electric utility" means any governmental entity as defined in § 29-20-102 , having a system for the distribution of electricity, whether operated under the authority of a board of the governmental entity, a department of the governmental entity or under the authority of a board created pursuant to the Tennessee Municipal Electric Plant Law, compiled in title 7, chapter 52, or by the authority of any other public or private act of the general assembly or pursuant to the charter of a municipality, and that operates an electric generation or distribution system which, as of June 19, 1997, distributes electricity purchased from the Tennessee Valley authority and also includes any municipality, county or other political subdivision of another state, whether operated under a board or as a county or municipal department, which, as of June 19, 1997, distributes electricity purchased from the Tennessee Valley authority. Acts 1997, ch. 520, § 2.
As used in this chapter, unless the context otherwise requires:
(1) "Electric cooperative" means an electric cooperative or electric membership corporation, whether organized or operating under chapter 25 of this title or similar statutes of any other state, which, as of June 19, 1997, distributes electric power purchased from the Tennessee Valley authority; and
(2) "Municipal utility" and "municipal electric utility" means any governmental entity as defined in § 29-20-102 , having a system for the distribution of electricity, whether operated under the authority of a board of the governmental entity, a department of the governmental entity or under the authority of a board created pursuant to the Tennessee Municipal Electric Plant Law, compiled in title 7, chapter 52, or by the authority of any other public or private act of the general assembly or pursuant to the charter of a municipality, and that operates an electric generation or distribution system which, as of June 19, 1997, distributes electricity purchased from the Tennessee Valley authority and also includes any municipality, county or other political subdivision of another state, whether operated under a board or as a county or municipal department, which, as of June 19, 1997, distributes electricity purchased from the Tennessee Valley authority.
Acts 1997, ch. 520, § 2.
Tenn. Code Ann. § 65-6-123 — TN Code / Title 65 / Chapter 6 / Section 65-6-123
Condemnation of property to provide water for trains
Status: in_force

Any railroad corporation owning or operating a railroad or any part thereof in this state, whether chartered under the laws of this state or under the laws of any other state or states, is empowered to condemn property for a site for a reservoir or tank; also, the use of the water from any running stream, and also a way along which to lay pipeline or lines to convey water to its reservoir or tanks, whenever the same or any of them may be needed for the purpose of such railroad. The powers conferred in this section shall be exercised only for the erecting and maintaining of tanks and reservoirs for the purpose of operating trains. This section does not apply to springs or private ponds. Acts 1907, ch. 254, § 1; Shan., § 1880a8; mod. Code 1932, § 3153; T.C.A. (orig. ed.), § 65-634.
Any railroad corporation owning or operating a railroad or any part thereof in this state, whether chartered under the laws of this state or under the laws of any other state or states, is empowered to condemn property for a site for a reservoir or tank; also, the use of the water from any running stream, and also a way along which to lay pipeline or lines to convey water to its reservoir or tanks, whenever the same or any of them may be needed for the purpose of such railroad. The powers conferred in this section shall be exercised only for the erecting and maintaining of tanks and reservoirs for the purpose of operating trains. This section does not apply to springs or private ponds.
Acts 1907, ch. 254, § 1; Shan., § 1880a8; mod. Code 1932, § 3153; T.C.A. (orig. ed.), § 65-634.
Tenn. Code Ann. § 65-8-105 — TN Code / Title 65 / Chapter 8 / Section 65-8-105
Rights of purchase under judicial sale
Status: in_force

All the rights, privileges, and immunities appertaining to the franchises sold under judicial proceedings instituted against delinquent railroads by the state, under the act of incorporation and the amendments thereto, and the general internal improvement law of the state, and acts amendatory thereof, shall be transferred to, and vest in, the purchaser. Acts 1870-1871, ch. 23, § 10; Shan. § 1512; mod. Code 1932, §2584; T.C.A. (orig. ed.), § 65-805.
All the rights, privileges, and immunities appertaining to the franchises sold under judicial proceedings instituted against delinquent railroads by the state, under the act of incorporation and the amendments thereto, and the general internal improvement law of the state, and acts amendatory thereof, shall be transferred to, and vest in, the purchaser.
Acts 1870-1871, ch. 23, § 10; Shan. § 1512; mod. Code 1932, §2584; T.C.A. (orig. ed.), § 65-805.
Tenn. Code Ann. § 65-28-206 — TN Code / Title 65 / Chapter 28 / Section 65-28-206
Transportation of landfill methane
Status: in_force

Notwithstanding any other law, landfill methane may be transported by any pipeline corporation located wholly in this state or otherwise subject to the regulatory jurisdiction of the Tennessee public utility commission, without regard to where the landfill methane may have been produced or extracted or is to be delivered within the state, and without regard to the size or classification or nature of any customer purchasing or receiving any landfill methane. Such transportation may be provided by an intrastate pipeline corporation by transporting landfill methane either alone or in combination with natural gas. Acts 2005, ch. 361, § 7.
Notwithstanding any other law, landfill methane may be transported by any pipeline corporation located wholly in this state or otherwise subject to the regulatory jurisdiction of the Tennessee public utility commission, without regard to where the landfill methane may have been produced or extracted or is to be delivered within the state, and without regard to the size or classification or nature of any customer purchasing or receiving any landfill methane. Such transportation may be provided by an intrastate pipeline corporation by transporting landfill methane either alone or in combination with natural gas.
Acts 2005, ch. 361, § 7.
Tenn. Code Ann. § 65-6-125 — TN Code / Title 65 / Chapter 6 / Section 65-6-125
Right to build branch roads
Status: in_force

Any railway corporation chartered under the general laws of the state, which may desire to build a branch road or branch roads from its main stem, shall have the right to do so by amendment of its charter. Acts 1889, ch. 158, § 1; Shan., § 2426; mod. Code 1932, § 4011; T.C.A. (orig. ed.), § 65-636.
Any railway corporation chartered under the general laws of the state, which may desire to build a branch road or branch roads from its main stem, shall have the right to do so by amendment of its charter.
Acts 1889, ch. 158, § 1; Shan., § 2426; mod. Code 1932, § 4011; T.C.A. (orig. ed.), § 65-636.
Tenn. Code Ann. § 65-2-113 — TN Code / Title 65 / Chapter 2 / Section 65-2-113
Publication of decisions and orders in contested cases
Status: in_force

The commission shall each year compile and publish in such manner as it deems expedient such of its decisions or orders as it deems to be of general interest, and shall charge for copies of such compilations a reasonable price to cover the cost of publication and mailing. The commission may also include within such compilations decisions or orders with reference to the rules of the commission. Acts 1953, ch. 162, § 19 (Williams, § 5501.42); T.C.A. (orig. ed.), § 65-213; Acts 1995, ch. 305, § 9.
The commission shall each year compile and publish in such manner as it deems expedient such of its decisions or orders as it deems to be of general interest, and shall charge for copies of such compilations a reasonable price to cover the cost of publication and mailing. The commission may also include within such compilations decisions or orders with reference to the rules of the commission.
Acts 1953, ch. 162, § 19 (Williams, § 5501.42); T.C.A. (orig. ed.), § 65-213; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-14-107 — TN Code / Title 65 / Chapter 14 / Section 65-14-107
Lessee railroads - Authority to subscribe, hold, and dispose of stock or bonds of terminal corporations
Status: in_force

Any such railroad company or companies may also subscribe, hold, and dispose of the capital stock or bonds which may be issued by the railroad terminal corporation. Acts 1893, ch. 11, § 3; Shan., § 2436; mod. Code 1932, § 4065; T.C.A. (orig. ed.), § 65-1407.
Any such railroad company or companies may also subscribe, hold, and dispose of the capital stock or bonds which may be issued by the railroad terminal corporation.
Acts 1893, ch. 11, § 3; Shan., § 2436; mod. Code 1932, § 4065; T.C.A. (orig. ed.), § 65-1407.
Tenn. Code Ann. § 65-5-401 — TN Code / Title 65 / Chapter 5 / Section 65-5-401
Part definitions
Status: in_force

As used in this part: (1) "Connection cost": (A) Means a rate, fee, or charge, or an estimate of a rate, fee, or charge, for a connection of utility service that is necessary for the customer or a potential customer to pay to the utility system to receive a utility service from the utility system to an unserved location or to upgrade a service to a location on or after the effective date of this act; and (B) Does not include the cost for the construction of utility system improvements when the utility's rules, regulations, or policies require the customer to hire a qualified contractor at the customer's expense to construct the necessary utility system improvements and to dedicate the utility system improvements constructed to the utility system upon their completion by the customer; and (2) "Utility" means: (A) An entity subject to the jurisdiction of the Tennessee board of utility regulation in accordance with § 7-82-701 ; (B) A county-owned or municipal-owned utility that provides electric, broadband, or propane services to the public; (C) A public utility, as defined in § 65-4-101 ; and (D) A cooperative, as defined in § 65-25-102 . Amended by 2023 Tenn. Acts, ch. 463, s 28, eff. 7/1/2023. Added by 2022 Tenn. Acts, ch. 1129, s 1, eff. 7/1/2022.
As used in this part:
(1) "Connection cost": (A) Means a rate, fee, or charge, or an estimate of a rate, fee, or charge, for a connection of utility service that is necessary for the customer or a potential customer to pay to the utility system to receive a utility service from the utility system to an unserved location or to upgrade a service to a location on or after the effective date of this act; and (B) Does not include the cost for the construction of utility system improvements when the utility's rules, regulations, or policies require the customer to hire a qualified contractor at the customer's expense to construct the necessary utility system improvements and to dedicate the utility system improvements constructed to the utility system upon their completion by the customer; and
(A) Means a rate, fee, or charge, or an estimate of a rate, fee, or charge, for a connection of utility service that is necessary for the customer or a potential customer to pay to the utility system to receive a utility service from the utility system to an unserved location or to upgrade a service to a location on or after the effective date of this act; and
(B) Does not include the cost for the construction of utility system improvements when the utility's rules, regulations, or policies require the customer to hire a qualified contractor at the customer's expense to construct the necessary utility system improvements and to dedicate the utility system improvements constructed to the utility system upon their completion by the customer; and
(2) "Utility" means: (A) An entity subject to the jurisdiction of the Tennessee board of utility regulation in accordance with § 7-82-701 ; (B) A county-owned or municipal-owned utility that provides electric, broadband, or propane services to the public; (C) A public utility, as defined in § 65-4-101 ; and (D) A cooperative, as defined in § 65-25-102 .
(A) An entity subject to the jurisdiction of the Tennessee board of utility regulation in accordance with § 7-82-701 ;
(B) A county-owned or municipal-owned utility that provides electric, broadband, or propane services to the public;
(C) A public utility, as defined in § 65-4-101 ; and
(D) A cooperative, as defined in § 65-25-102 .
Amended by 2023 Tenn. Acts, ch. 463, s 28, eff. 7/1/2023.
Added by 2022 Tenn. Acts, ch. 1129, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 65-10-112 — TN Code / Title 65 / Chapter 10 / Section 65-10-112
Priority of judgments for timbers, work, or damages
Status: in_force

No railroad company shall have power to give or create any mortgage or other kind of lien on its railway property in this state, which shall be valid and binding against judgments and decrees, and executions therefrom, for timbers furnished and work and labor done on, or for damages done to persons and property in the operation of its railroad in this state. Acts 1877, ch. 12, § 3; 1877, ch. 72, § 3; Shan., § 1530; Code 1932, § 2587; T.C.A. (orig. ed.), § 65-1021.
No railroad company shall have power to give or create any mortgage or other kind of lien on its railway property in this state, which shall be valid and binding against judgments and decrees, and executions therefrom, for timbers furnished and work and labor done on, or for damages done to persons and property in the operation of its railroad in this state.
Acts 1877, ch. 12, § 3; 1877, ch. 72, § 3; Shan., § 1530; Code 1932, § 2587; T.C.A. (orig. ed.), § 65-1021.
Tenn. Code Ann. § 65-25-115 — TN Code / Title 65 / Chapter 25 / Section 65-25-115
Directors, officers or members may take acknowledgments
Status: in_force

No person who is authorized to take acknowledgments under the laws of this state shall be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which it is a party by reason of being a director, officer or member of such cooperative. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-215 .
No person who is authorized to take acknowledgments under the laws of this state shall be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which it is a party by reason of being a director, officer or member of such cooperative.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-215 .
Tenn. Code Ann. § 65-32-101 — TN Code / Title 65 / Chapter 32 / Section 65-32-101
Short title
Status: in_force

This chapter shall be cited as the "Utilities' Cut-Off Procedures Act." Acts 1978, ch. 871, § 1; T.C.A., § 65-3401.
This chapter shall be cited as the "Utilities' Cut-Off Procedures Act."
Acts 1978, ch. 871, § 1; T.C.A., § 65-3401.
Tenn. Code Ann. § 65-2-111 — TN Code / Title 65 / Chapter 2 / Section 65-2-111
Proceedings before hearing examiners
Status: in_force

In any contested case, the commission may direct that the proceedings or any part thereof shall be heard by a hearing examiner to be appointed by the commission; provided, that only the members of the commission and the regular employees of the commission shall be eligible to serve as such examiners. Proceedings before hearing examiners shall be according to this chapter, other applicable laws and the rules of the commission. Whenever a contested case, or any part thereof, is heard by a hearing examiner, the hearing examiner shall make a proposal for decision in writing which shall include findings of fact and conclusions of law made by the hearing examiner. Such proposals for decisions shall be served on all parties of record, and each party who would be adversely affected by the proposed decision shall be given an opportunity to file exceptions and present argument in writing to the commission itself. Before the commission shall enter a final order in such cases, the members thereof shall personally consider the entire record, or such portion thereof as may be cited by the parties, and shall make its decision in the form and manner prescribed by this chapter for decisions in contested cases. Acts 1953, ch. 162, § 11 (Williams, § 5501.34); T.C.A. (orig. ed.), § 65-211; Acts 1995, ch. 305, § 9.
In any contested case, the commission may direct that the proceedings or any part thereof shall be heard by a hearing examiner to be appointed by the commission; provided, that only the members of the commission and the regular employees of the commission shall be eligible to serve as such examiners. Proceedings before hearing examiners shall be according to this chapter, other applicable laws and the rules of the commission. Whenever a contested case, or any part thereof, is heard by a hearing examiner, the hearing examiner shall make a proposal for decision in writing which shall include findings of fact and conclusions of law made by the hearing examiner. Such proposals for decisions shall be served on all parties of record, and each party who would be adversely affected by the proposed decision shall be given an opportunity to file exceptions and present argument in writing to the commission itself. Before the commission shall enter a final order in such cases, the members thereof shall personally consider the entire record, or such portion thereof as may be cited by the parties, and shall make its decision in the form and manner prescribed by this chapter for decisions in contested cases.
Acts 1953, ch. 162, § 11 (Williams, § 5501.34); T.C.A. (orig. ed.), § 65-211; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-29-123 — TN Code / Title 65 / Chapter 29 / Section 65-29-123
Nonliability of members for debts of cooperative
Status: in_force

The private property of the members of a cooperative shall be exempt from execution for the debts of the cooperative, and no member shall be liable or responsible for any debts of the cooperative. Acts 1961, ch. 330, § 22; T.C.A., § 65-2923.
The private property of the members of a cooperative shall be exempt from execution for the debts of the cooperative, and no member shall be liable or responsible for any debts of the cooperative.
Acts 1961, ch. 330, § 22; T.C.A., § 65-2923.
Tenn. Code Ann. § 65-21-116 — TN Code / Title 65 / Chapter 21 / Section 65-21-116
Construction of wireless communications tower
Status: in_force

A cellular or other wireless telecommunications service provider or other person who proceeds to construct a new tower shall submit the following information to the comptroller of the treasury: (1) The location of the tower site which shall include the county and the municipality, if appropriate, and the parcel identification number used by the local assessor for property tax purposes, and the street address; (2) Directions to the tower site; (3) A copy of a document evidencing the interest in the property on which the tower has been approved; and (4) The name, mailing address and telephone number of the person responsible for the ad valorem property tax on the tower. Acts 2000, ch. 951, § 1.
A cellular or other wireless telecommunications service provider or other person who proceeds to construct a new tower shall submit the following information to the comptroller of the treasury:
(1) The location of the tower site which shall include the county and the municipality, if appropriate, and the parcel identification number used by the local assessor for property tax purposes, and the street address;
(2) Directions to the tower site;
(3) A copy of a document evidencing the interest in the property on which the tower has been approved; and
(4) The name, mailing address and telephone number of the person responsible for the ad valorem property tax on the tower.
Acts 2000, ch. 951, § 1.
Tenn. Code Ann. § 65-28-106 — TN Code / Title 65 / Chapter 28 / Section 65-28-106
Powers and duties of commission
Status: in_force

(a) The commission has the right, power and authority to provide and make certifications, reports and information to the secretary of the United States department of transportation; to enter into agreements with the secretary to carry out the purposes of §§ 65-28-104 - 65-28-111; to enforce safety standards in the state including enforcement of federal safety standards as permitted in the Natural Gas Pipeline Safety Act ( 49 U.S.C. § 60101 et seq.); and to exercise regulatory jurisdiction over the safety of pipeline systems and transportation of gas in accordance with permission granted by the Natural Gas Pipeline Safety Act. (b) The commission has the right, power and authority to promulgate reasonable rules and regulations to ensure that each pipeline system is operating in compliance with the required safety standards and to enforce such compliance. It has the right, power and authority to require each public utility to make, maintain and file such books, papers, records and documents as the commission may deem necessary and to require that these books, papers, records and documents be made available to members of the commission and their employees upon request. Authorized representatives of the commission shall be authorized to inspect all pipeline systems, facilities and equipment and shall have the right of access and entry to all buildings and property owned, leased or operated by such systems. (c) The commission shall be authorized to employ such inspectors or other qualified employees as may be necessary to carry out §§ 65-28-104 - 65-28-111. Acts 1970, ch. 558, §§ 3, 4, 8; T.C.A., §§ 65-2806, 65-2807, 65-2811; Acts 1991, ch. 439, § 1; 1995, ch. 305, § 36.
(a) The commission has the right, power and authority to provide and make certifications, reports and information to the secretary of the United States department of transportation; to enter into agreements with the secretary to carry out the purposes of §§ 65-28-104 - 65-28-111; to enforce safety standards in the state including enforcement of federal safety standards as permitted in the Natural Gas Pipeline Safety Act ( 49 U.S.C. § 60101 et seq.); and to exercise regulatory jurisdiction over the safety of pipeline systems and transportation of gas in accordance with permission granted by the Natural Gas Pipeline Safety Act.
(b) The commission has the right, power and authority to promulgate reasonable rules and regulations to ensure that each pipeline system is operating in compliance with the required safety standards and to enforce such compliance. It has the right, power and authority to require each public utility to make, maintain and file such books, papers, records and documents as the commission may deem necessary and to require that these books, papers, records and documents be made available to members of the commission and their employees upon request. Authorized representatives of the commission shall be authorized to inspect all pipeline systems, facilities and equipment and shall have the right of access and entry to all buildings and property owned, leased or operated by such systems.
(c) The commission shall be authorized to employ such inspectors or other qualified employees as may be necessary to carry out §§ 65-28-104 - 65-28-111.
Acts 1970, ch. 558, §§ 3, 4, 8; T.C.A., §§ 65-2806, 65-2807, 65-2811; Acts 1991, ch. 439, § 1; 1995, ch. 305, § 36.
Tenn. Code Ann. § 65-3-119 — TN Code / Title 65 / Chapter 3 / Section 65-3-119
Penalties generally
Status: in_force

(a) It is the duty of the district attorneys general to bring suit in the name of the state on the relation of the department of transportation, in any court having jurisdiction thereof, to recover any penalty imposed by this chapter and chapter 5 of this title. (b) If any company, corporation or lessee knowingly violates this chapter or chapter 5 of this title, or does any act prohibited therein, or fails or refuses to perform any duty required by the department of transportation pursuant to this chapter or chapter 5 of this title for which a penalty has not therein been provided, for each and every such act of violation it shall pay to the state of Tennessee a penalty of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (c) All penalties provided for in this chapter or chapter 5 of this title shall be recovered, and suit thereon shall be brought, in the name of the state of Tennessee. (d) All penalties and fines recovered shall be paid into the state treasury. Acts 1897, ch. 10, §§ 20, 25, 26; Shan., §§ 3059a46, 3059a55, 3059a59, 3059a60; Code 1932, §§ 5422, 5431, 5435, 5436; modified; Acts 1980, ch. 760, § 1; T.C.A. (orig. ed.), §§ 65-321 -- 65-324; Acts 1991, ch. 138, § 2; 1995, ch. 305, § 10.
(a) It is the duty of the district attorneys general to bring suit in the name of the state on the relation of the department of transportation, in any court having jurisdiction thereof, to recover any penalty imposed by this chapter and chapter 5 of this title.
(b) If any company, corporation or lessee knowingly violates this chapter or chapter 5 of this title, or does any act prohibited therein, or fails or refuses to perform any duty required by the department of transportation pursuant to this chapter or chapter 5 of this title for which a penalty has not therein been provided, for each and every such act of violation it shall pay to the state of Tennessee a penalty of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(c) All penalties provided for in this chapter or chapter 5 of this title shall be recovered, and suit thereon shall be brought, in the name of the state of Tennessee.
(d) All penalties and fines recovered shall be paid into the state treasury.
Acts 1897, ch. 10, §§ 20, 25, 26; Shan., §§ 3059a46, 3059a55, 3059a59, 3059a60; Code 1932, §§ 5422, 5431, 5435, 5436; modified; Acts 1980, ch. 760, § 1; T.C.A. (orig. ed.), §§ 65-321 -- 65-324; Acts 1991, ch. 138, § 2; 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-36-103 — TN Code / Title 65 / Chapter 36 / Section 65-36-103
Legislative findings
Status: in_force

The general assembly hereby finds and determines that participating in interlocal agreements by electric cooperatives and municipal utilities, as authorized by this chapter, provides a mutual benefit by reducing the expense of operations of municipal utilities and electric cooperatives and, as a result, reduces the cost of electricity for the citizens of this state. Accordingly, the general assembly hereby finds that all contributions of financial and administrative resources and associated costs and expenses that are made by a municipal utility pursuant to an interlocal agreement as authorized by this chapter, are made for a public and governmental purpose, and that all such contributions benefit the contributing municipal utilities. Acts 1997, ch. 520, § 3.
The general assembly hereby finds and determines that participating in interlocal agreements by electric cooperatives and municipal utilities, as authorized by this chapter, provides a mutual benefit by reducing the expense of operations of municipal utilities and electric cooperatives and, as a result, reduces the cost of electricity for the citizens of this state. Accordingly, the general assembly hereby finds that all contributions of financial and administrative resources and associated costs and expenses that are made by a municipal utility pursuant to an interlocal agreement as authorized by this chapter, are made for a public and governmental purpose, and that all such contributions benefit the contributing municipal utilities.
Acts 1997, ch. 520, § 3.
Tenn. Code Ann. § 65-31-111 — TN Code / Title 65 / Chapter 31 / Section 65-31-111
Notice of excavation or demolition damage
Status: in_force

(a) Except as provided by subsection (b), each person responsible for any excavation or demolition operation described in § 65-31-104 that results in any damage to an underground utility shall, immediately upon discovery of the damage, submit a damage notice to the one-call service, notify the operator of the utility of the location and nature of the damage, and allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the utility. (b) If an excavation or demolition results in damage to an underground utility that permits the escape of any flammable, toxic, or corrosive gas or liquid, then the person damaging the underground utility shall, immediately upon discovery of the damage, notify the operator, notify police and fire departments through the 911 service or other emergency communications system, submit a damage notice to the one-call service, and take any other action as may be reasonably necessary to protect persons and property and to minimize the hazards until arrival of the operator or police and fire departments. (c) The reporting requirements established in subsections (a) and (b) apply equally to all types of excavation or demolition activities. However, persons engaged in activities described in § 65-31-102(9)(B)(i)-(iv) are not required to submit a damage notice to the one-call service. (d) During initial excavation, if an underground utility is found to be unsound due to deterioration, then the person responsible for excavation shall immediately notify the utility company involved and allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the utility. (e) The financial impact of all damages to underground utilities must be calculated using generally accepted accounting principles (GAAP). (f) Each operator whose utility facilities have been damaged as described in this section shall report the incident using the Damage Information Reporting Tool (DIRT) utilized by Common Ground Alliance or by filing a damage notice with the one-call system. If a report is made by filing a damage notice with the one-call service, then the one-call service may submit a report of the incident report to DIRT. Amended by 2021 Tenn. Acts, ch. 307, s 6, eff. 7/1/2021. Amended by 2015 Tenn. Acts, ch. 488, s 5, eff. 5/20/2015. Acts 1978, ch. 692, § 11; T.C.A., § 65-3211; Acts 1993, ch. 223, §19; 2006, ch. 686, § 10.
(a) Except as provided by subsection (b), each person responsible for any excavation or demolition operation described in § 65-31-104 that results in any damage to an underground utility shall, immediately upon discovery of the damage, submit a damage notice to the one-call service, notify the operator of the utility of the location and nature of the damage, and allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the utility.
(b) If an excavation or demolition results in damage to an underground utility that permits the escape of any flammable, toxic, or corrosive gas or liquid, then the person damaging the underground utility shall, immediately upon discovery of the damage, notify the operator, notify police and fire departments through the 911 service or other emergency communications system, submit a damage notice to the one-call service, and take any other action as may be reasonably necessary to protect persons and property and to minimize the hazards until arrival of the operator or police and fire departments.
(c) The reporting requirements established in subsections (a) and (b) apply equally to all types of excavation or demolition activities. However, persons engaged in activities described in § 65-31-102(9)(B)(i)-(iv) are not required to submit a damage notice to the one-call service.
(d) During initial excavation, if an underground utility is found to be unsound due to deterioration, then the person responsible for excavation shall immediately notify the utility company involved and allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of the utility.
(e) The financial impact of all damages to underground utilities must be calculated using generally accepted accounting principles (GAAP).
(f) Each operator whose utility facilities have been damaged as described in this section shall report the incident using the Damage Information Reporting Tool (DIRT) utilized by Common Ground Alliance or by filing a damage notice with the one-call system. If a report is made by filing a damage notice with the one-call service, then the one-call service may submit a report of the incident report to DIRT.
Amended by 2021 Tenn. Acts, ch. 307, s 6, eff. 7/1/2021.
Amended by 2015 Tenn. Acts, ch. 488, s 5, eff. 5/20/2015.
Acts 1978, ch. 692, § 11; T.C.A., § 65-3211; Acts 1993, ch. 223, §19; 2006, ch. 686, § 10.
Tenn. Code Ann. § 65-17-109 — TN Code / Title 65 / Chapter 17 / Section 65-17-109
Local government right to injunctive relief
Status: in_force

(a) The local legislative body may seek injunctive relief or institute other appropriate actions or proceedings in the chancery court of: (1) The local government in which any violation of § 65-17-104 or of the local legislation occurred; or (2) The local government in which the person responsible for the violation resides or has the person's principal place of business to ensure compliance with this chapter. (b) The chancery court may grant a temporary or permanent injunction restraining the violation of § 65-17-104 or of the local legislation. The institution of an injunctive action and of the proceedings under this section is in addition to, and not in lieu of, all civil penalties and other remedies prescribed in titles 5 and 6 for permit violations and violations of local legislation. Acts 2018, ch. 825, § 9.
(a) The local legislative body may seek injunctive relief or institute other appropriate actions or proceedings in the chancery court of: (1) The local government in which any violation of § 65-17-104 or of the local legislation occurred; or (2) The local government in which the person responsible for the violation resides or has the person's principal place of business to ensure compliance with this chapter.
(1) The local government in which any violation of § 65-17-104 or of the local legislation occurred; or
(2) The local government in which the person responsible for the violation resides or has the person's principal place of business to ensure compliance with this chapter.
(b) The chancery court may grant a temporary or permanent injunction restraining the violation of § 65-17-104 or of the local legislation. The institution of an injunctive action and of the proceedings under this section is in addition to, and not in lieu of, all civil penalties and other remedies prescribed in titles 5 and 6 for permit violations and violations of local legislation.
Acts 2018, ch. 825, § 9.
Tenn. Code Ann. § 65-4-208 — TN Code / Title 65 / Chapter 4 / Section 65-4-208
Interstate transmission of electric power
Status: in_force

(a) Notwithstanding any other law, no person, firm or corporation not engaged on March 22, 1955, in the business of generating, transmitting, distributing, or furnishing electric power shall extend or construct transmission or distribution lines or other works into or within the state, directly or indirectly enter the state, for the purpose of delivering within the state electric power generated at a point or points outside the state, unless such person, firm or corporation shall have first submitted its plans for such extension, construction or entry to the commission and shall have obtained from the commission a certificate of public convenience and necessity covering the same. The commission shall deny such certificate if, after a hearing, the commission cannot affirmatively establish that the granting of such certificate would serve the public interest. (b) This section shall not apply to the federal government or any federal agency, to the state of Tennessee or any agency or political subdivision of the state, or to any cooperative association organized under the former Electric Cooperative Act or the former Electric Membership Corporation Act, but shall be fully applicable to any private corporation organized under the laws of this or any other state and to any public corporation of any other state, irrespective of the nature, identity or governmental or other public status of the purchaser, consumer, or other party to whom electric power is to be delivered within the state. (c) The provisions of this section shall be cumulative and the requirements contained in this section shall be in addition to, and not in substitution for, the requirements contained in any other law. Acts 1955, ch. 325, §§ 1-3; T.C.A. (orig. ed.), §§ 65-438 -- 65-440; Acts 1995, ch. 305, § 20.
(a) Notwithstanding any other law, no person, firm or corporation not engaged on March 22, 1955, in the business of generating, transmitting, distributing, or furnishing electric power shall extend or construct transmission or distribution lines or other works into or within the state, directly or indirectly enter the state, for the purpose of delivering within the state electric power generated at a point or points outside the state, unless such person, firm or corporation shall have first submitted its plans for such extension, construction or entry to the commission and shall have obtained from the commission a certificate of public convenience and necessity covering the same. The commission shall deny such certificate if, after a hearing, the commission cannot affirmatively establish that the granting of such certificate would serve the public interest.
(b) This section shall not apply to the federal government or any federal agency, to the state of Tennessee or any agency or political subdivision of the state, or to any cooperative association organized under the former Electric Cooperative Act or the former Electric Membership Corporation Act, but shall be fully applicable to any private corporation organized under the laws of this or any other state and to any public corporation of any other state, irrespective of the nature, identity or governmental or other public status of the purchaser, consumer, or other party to whom electric power is to be delivered within the state.
(c) The provisions of this section shall be cumulative and the requirements contained in this section shall be in addition to, and not in substitution for, the requirements contained in any other law.
Acts 1955, ch. 325, §§ 1-3; T.C.A. (orig. ed.), §§ 65-438 -- 65-440; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-15-310 — TN Code / Title 65 / Chapter 15 / Section 65-15-310
Information to be provided in event of accident
Status: in_force

(a) If a motor vehicle accident occurs involving a motor vehicle that is being used to provide a prearranged ride, including when the driver is logged into or otherwise using the transportation network company's digital network, the transportation network company shall provide documentation, upon request by a law enforcement officer, that the driver was logged into the transportation network company's digital network at the time of the accident. (b) A transportation network company shall comply with any law enforcement investigation in which transportation network company trip data may be pertinent. Acts 2015, ch. 520, § 4.
(a) If a motor vehicle accident occurs involving a motor vehicle that is being used to provide a prearranged ride, including when the driver is logged into or otherwise using the transportation network company's digital network, the transportation network company shall provide documentation, upon request by a law enforcement officer, that the driver was logged into the transportation network company's digital network at the time of the accident.
(b) A transportation network company shall comply with any law enforcement investigation in which transportation network company trip data may be pertinent.
Acts 2015, ch. 520, § 4.
Tenn. Code Ann. § 65-31-120 — TN Code / Title 65 / Chapter 31 / Section 65-31-120
Clarification of liability related to excavation activities
Status: in_force

Engaging in the activities described in the definition of "excavate" or "excavation" in § 65-31-102 does not remove or impose liability per se for damage to underground utilities. Amended by 2024 Tenn. Acts, ch. 628,s 9, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 307, s 10, eff. 7/1/2021. Added by 2015 Tenn. Acts, ch. 488, s 8, eff. 5/20/2015.
Engaging in the activities described in the definition of "excavate" or "excavation" in § 65-31-102 does not remove or impose liability per se for damage to underground utilities.
Amended by 2024 Tenn. Acts, ch. 628,s 9, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 307, s 10, eff. 7/1/2021.
Added by 2015 Tenn. Acts, ch. 488, s 8, eff. 5/20/2015.
Tenn. Code Ann. § 65-35-106 — TN Code / Title 65 / Chapter 35 / Section 65-35-106
Civil remedies and criminal penalties mutually exclusive
Status: in_force

It is the intent of the general assembly that the civil remedies of this chapter and the criminal penalties imposed by any other act of the general assembly are mutually exclusive methods for the prosecution of the unlawful activities described in the respective statutes. Acts 1990, ch. 851, § 6.
It is the intent of the general assembly that the civil remedies of this chapter and the criminal penalties imposed by any other act of the general assembly are mutually exclusive methods for the prosecution of the unlawful activities described in the respective statutes.
Acts 1990, ch. 851, § 6.
Tenn. Code Ann. § 65-28-103 — TN Code / Title 65 / Chapter 28 / Section 65-28-103
Discrimination prohibited - Rights and liabilities - Jurisdiction of Tennessee public utility commission - Pilot program to allow intrastate pipeline corporations to transport natural gas to end users
Status: in_force

(a) All such corporations shall furnish equal facilities to all persons and shall not discriminate in services, in charges, or otherwise, either for or against any person, and shall be charged with all duties, responsibilities, and liabilities imposed upon public utility corporations by the laws of this state, and be subject to the Tennessee public utility commission. (b) (1) As a pilot project through the end of the year 2003, and notwithstanding any state or local law to the contrary, any intrastate natural gas pipeline corporation, subject to regulation by the Tennessee public utility commission as a public utility, may transport natural gas to end users in Tennessee only if such natural gas is produced from Tennessee wells located in any county contained within the second, fourth, fifth, sixth, seventh or twelfth senatorial districts, and/or in the smallest county by population located in the fifteenth senatorial district, as these districts exist on June 17, 1999, and only if the end users of such natural gas are located in these counties; provided that no such pilot project shall be permitted within the chartered service area of a utility district created by private act. Such intrastate natural gas pipeline corporations shall not transport intrastate natural gas to end users that are served by a municipal utility or by a utility district or within a utility district's chartered service area on June 17, 1999, unless: (A) The end user has been served by an interstate pipeline; or (B) At the option of the utility district or municipal utility, such intrastate natural gas pipeline or end user assumes any contractual obligation of the utility district or municipal utility to an interstate natural gas pipeline incurred on behalf of such end user which remains after termination of service by such end user prior to the end of the term of the contract, tariff or other arrangement pursuant to which the end user receives service. (2) At the option of the utility district or municipal utility, such intrastate natural gas pipeline may serve end users not now being served by a municipal utility or by a utility district or within a utility district's chartered service area. This subdivision (b)(2) shall not prohibit service to end users specifically authorized to be served in accordance with subdivision (b)(1)(A). (3) Any contractual arrangements made by an intrastate natural gas pipeline corporation for transportation of natural gas pursuant to subdivision (b)(1) shall remain in effect according to their terms if such agreements are entered into, or permits are granted, during the pilot project, even though the term of such transportation agreement shall be for a longer term than the pilot project and without regard to whether the pilot project is extended or is not extended. Acts 1919, ch. 98, § 5; Shan. Supp., § 2360a5; mod. Code 1932, § 4000; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-2803; Acts 1995, ch. 305, § 36; 1999, ch. 408, § 1; 2000, ch. 690, § 1; 2001, ch. 307, §§ 3, 4.
(a) All such corporations shall furnish equal facilities to all persons and shall not discriminate in services, in charges, or otherwise, either for or against any person, and shall be charged with all duties, responsibilities, and liabilities imposed upon public utility corporations by the laws of this state, and be subject to the Tennessee public utility commission.
(b) (1) As a pilot project through the end of the year 2003, and notwithstanding any state or local law to the contrary, any intrastate natural gas pipeline corporation, subject to regulation by the Tennessee public utility commission as a public utility, may transport natural gas to end users in Tennessee only if such natural gas is produced from Tennessee wells located in any county contained within the second, fourth, fifth, sixth, seventh or twelfth senatorial districts, and/or in the smallest county by population located in the fifteenth senatorial district, as these districts exist on June 17, 1999, and only if the end users of such natural gas are located in these counties; provided that no such pilot project shall be permitted within the chartered service area of a utility district created by private act. Such intrastate natural gas pipeline corporations shall not transport intrastate natural gas to end users that are served by a municipal utility or by a utility district or within a utility district's chartered service area on June 17, 1999, unless: (A) The end user has been served by an interstate pipeline; or (B) At the option of the utility district or municipal utility, such intrastate natural gas pipeline or end user assumes any contractual obligation of the utility district or municipal utility to an interstate natural gas pipeline incurred on behalf of such end user which remains after termination of service by such end user prior to the end of the term of the contract, tariff or other arrangement pursuant to which the end user receives service. (2) At the option of the utility district or municipal utility, such intrastate natural gas pipeline may serve end users not now being served by a municipal utility or by a utility district or within a utility district's chartered service area. This subdivision (b)(2) shall not prohibit service to end users specifically authorized to be served in accordance with subdivision (b)(1)(A). (3) Any contractual arrangements made by an intrastate natural gas pipeline corporation for transportation of natural gas pursuant to subdivision (b)(1) shall remain in effect according to their terms if such agreements are entered into, or permits are granted, during the pilot project, even though the term of such transportation agreement shall be for a longer term than the pilot project and without regard to whether the pilot project is extended or is not extended.
(1) As a pilot project through the end of the year 2003, and notwithstanding any state or local law to the contrary, any intrastate natural gas pipeline corporation, subject to regulation by the Tennessee public utility commission as a public utility, may transport natural gas to end users in Tennessee only if such natural gas is produced from Tennessee wells located in any county contained within the second, fourth, fifth, sixth, seventh or twelfth senatorial districts, and/or in the smallest county by population located in the fifteenth senatorial district, as these districts exist on June 17, 1999, and only if the end users of such natural gas are located in these counties; provided that no such pilot project shall be permitted within the chartered service area of a utility district created by private act. Such intrastate natural gas pipeline corporations shall not transport intrastate natural gas to end users that are served by a municipal utility or by a utility district or within a utility district's chartered service area on June 17, 1999, unless: (A) The end user has been served by an interstate pipeline; or (B) At the option of the utility district or municipal utility, such intrastate natural gas pipeline or end user assumes any contractual obligation of the utility district or municipal utility to an interstate natural gas pipeline incurred on behalf of such end user which remains after termination of service by such end user prior to the end of the term of the contract, tariff or other arrangement pursuant to which the end user receives service.
(A) The end user has been served by an interstate pipeline; or
(B) At the option of the utility district or municipal utility, such intrastate natural gas pipeline or end user assumes any contractual obligation of the utility district or municipal utility to an interstate natural gas pipeline incurred on behalf of such end user which remains after termination of service by such end user prior to the end of the term of the contract, tariff or other arrangement pursuant to which the end user receives service.
(2) At the option of the utility district or municipal utility, such intrastate natural gas pipeline may serve end users not now being served by a municipal utility or by a utility district or within a utility district's chartered service area. This subdivision (b)(2) shall not prohibit service to end users specifically authorized to be served in accordance with subdivision (b)(1)(A).
(3) Any contractual arrangements made by an intrastate natural gas pipeline corporation for transportation of natural gas pursuant to subdivision (b)(1) shall remain in effect according to their terms if such agreements are entered into, or permits are granted, during the pilot project, even though the term of such transportation agreement shall be for a longer term than the pilot project and without regard to whether the pilot project is extended or is not extended.
Acts 1919, ch. 98, § 5; Shan. Supp., § 2360a5; mod. Code 1932, § 4000; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-2803; Acts 1995, ch. 305, § 36; 1999, ch. 408, § 1; 2000, ch. 690, § 1; 2001, ch. 307, §§ 3, 4.
Tenn. Code Ann. § 65-4-303 — TN Code / Title 65 / Chapter 4 / Section 65-4-303
Fee measured by gross receipts from intrastate operations - Rates
Status: in_force

(a) The amount of the fee provided for in this section shall be measured by the amount of the gross receipts from intrastate operations of each public utility in excess of five thousand dollars ($5,000). (b) (1) Except as provided in subdivision (b)(2), "gross receipts from intrastate operations": (A) Means total revenues, before any deductions, which are recognized by the commission as utility revenue for the purpose of setting intrastate rates under chapter 5 of this title; and (B) Does not include any revenues from directory operations; provided, that the exclusion of these revenues from directory operations shall not affect the power of the commission to include or exclude these revenues in setting intrastate rates. (2) For companies that elect market regulation pursuant to § 65-5-109(m) , "gross receipts from intrastate operations" means the total revenue derived from the provision of intrastate services to non-affiliated telecommunications carriers, including specifically revenue from interconnection, collocation, billing and collection, inter-carrier compensation, services sold for resale and carrier access; provided, that revenue derived from the provision of retail services and products to consumers that are not telecommunications carriers is excluded. (c) (1) The fee fixed and assessed against and to be paid by each public utility shall be due and payable on or before April 1, 2014, and each April 1 thereafter, and shall be based on the previous calendar year's gross receipts from intrastate operations. The fee shall be four dollars and twenty-five cents ($4.25) per one thousand dollars ($1,000) of such gross receipts over five thousand dollars ($5,000), except as set forth in subdivision (c)(2) for companies that provide telecommunications services. (2) (A) Notwithstanding the calculations in subdivision (c)(1), the minimum inspection fee for companies that elect market regulation pursuant to § 65-5-109(m) shall be forty-nine percent (49%) of the inspection fee that was due by such company on April 1, 2012. Such companies shall file with their fee payments a calculation of both the fee as calculated under subdivision (c)(1) and the alternative minimum calculation established in this subdivision (c)(2)(A). (B) Notwithstanding the calculation in subdivision (c)(1), the maximum inspection fee for a company providing telecommunications services that does not elect to enter market regulation shall be the inspection fee that was due by such company on April 1, 2012. (C) In no event, however, shall the minimum inspection fee for any telecommunications service company be less than one hundred dollars ($100). (d) The fee shall be due and payable on or before April 1, 2014, and each April 1 thereafter. (e) The fee provided for in this section may be recovered by a public utility operating under rate of return regulation through either a rate case proceeding pursuant to § 65-5-103 or a separate recovery mechanism to be determined by the commission. Nothing in this section shall alter the manner in which public utilities that operate under price regulation or market regulation, pursuant to § 65-5-109 , may set rates. Nothing in this section shall alter the limitations on the jurisdiction of the commission over market-regulated companies in § 65-5-109 . A public utility may recoup its inspection fees by including a line item on its subscribers' bills. Amended by 2013 Tenn. Acts, ch. 245, s 4, eff. 4/19/2013. Acts 1921, ch. 107, § 2; Shan. Supp., § 3059a101; Code 1932, § 5461; Acts 1935, ch. 139, § 1; C. Supp. 1950, § 5461; T.C.A. (orig. ed.), § 65-427; Acts 1986, ch. 862, § 5; 1987, ch. 53, § 1; 1993, ch. 461, § 1; 1995, ch. 305, § 20; 2009 , ch. 531, § 54.
(a) The amount of the fee provided for in this section shall be measured by the amount of the gross receipts from intrastate operations of each public utility in excess of five thousand dollars ($5,000).
(b) (1) Except as provided in subdivision (b)(2), "gross receipts from intrastate operations": (A) Means total revenues, before any deductions, which are recognized by the commission as utility revenue for the purpose of setting intrastate rates under chapter 5 of this title; and (B) Does not include any revenues from directory operations; provided, that the exclusion of these revenues from directory operations shall not affect the power of the commission to include or exclude these revenues in setting intrastate rates. (2) For companies that elect market regulation pursuant to § 65-5-109(m) , "gross receipts from intrastate operations" means the total revenue derived from the provision of intrastate services to non-affiliated telecommunications carriers, including specifically revenue from interconnection, collocation, billing and collection, inter-carrier compensation, services sold for resale and carrier access; provided, that revenue derived from the provision of retail services and products to consumers that are not telecommunications carriers is excluded.
(1) Except as provided in subdivision (b)(2), "gross receipts from intrastate operations": (A) Means total revenues, before any deductions, which are recognized by the commission as utility revenue for the purpose of setting intrastate rates under chapter 5 of this title; and (B) Does not include any revenues from directory operations; provided, that the exclusion of these revenues from directory operations shall not affect the power of the commission to include or exclude these revenues in setting intrastate rates.
(A) Means total revenues, before any deductions, which are recognized by the commission as utility revenue for the purpose of setting intrastate rates under chapter 5 of this title; and
(B) Does not include any revenues from directory operations; provided, that the exclusion of these revenues from directory operations shall not affect the power of the commission to include or exclude these revenues in setting intrastate rates.
(2) For companies that elect market regulation pursuant to § 65-5-109(m) , "gross receipts from intrastate operations" means the total revenue derived from the provision of intrastate services to non-affiliated telecommunications carriers, including specifically revenue from interconnection, collocation, billing and collection, inter-carrier compensation, services sold for resale and carrier access; provided, that revenue derived from the provision of retail services and products to consumers that are not telecommunications carriers is excluded.
(c) (1) The fee fixed and assessed against and to be paid by each public utility shall be due and payable on or before April 1, 2014, and each April 1 thereafter, and shall be based on the previous calendar year's gross receipts from intrastate operations. The fee shall be four dollars and twenty-five cents ($4.25) per one thousand dollars ($1,000) of such gross receipts over five thousand dollars ($5,000), except as set forth in subdivision (c)(2) for companies that provide telecommunications services. (2) (A) Notwithstanding the calculations in subdivision (c)(1), the minimum inspection fee for companies that elect market regulation pursuant to § 65-5-109(m) shall be forty-nine percent (49%) of the inspection fee that was due by such company on April 1, 2012. Such companies shall file with their fee payments a calculation of both the fee as calculated under subdivision (c)(1) and the alternative minimum calculation established in this subdivision (c)(2)(A). (B) Notwithstanding the calculation in subdivision (c)(1), the maximum inspection fee for a company providing telecommunications services that does not elect to enter market regulation shall be the inspection fee that was due by such company on April 1, 2012. (C) In no event, however, shall the minimum inspection fee for any telecommunications service company be less than one hundred dollars ($100).
(1) The fee fixed and assessed against and to be paid by each public utility shall be due and payable on or before April 1, 2014, and each April 1 thereafter, and shall be based on the previous calendar year's gross receipts from intrastate operations. The fee shall be four dollars and twenty-five cents ($4.25) per one thousand dollars ($1,000) of such gross receipts over five thousand dollars ($5,000), except as set forth in subdivision (c)(2) for companies that provide telecommunications services.
(2) (A) Notwithstanding the calculations in subdivision (c)(1), the minimum inspection fee for companies that elect market regulation pursuant to § 65-5-109(m) shall be forty-nine percent (49%) of the inspection fee that was due by such company on April 1, 2012. Such companies shall file with their fee payments a calculation of both the fee as calculated under subdivision (c)(1) and the alternative minimum calculation established in this subdivision (c)(2)(A). (B) Notwithstanding the calculation in subdivision (c)(1), the maximum inspection fee for a company providing telecommunications services that does not elect to enter market regulation shall be the inspection fee that was due by such company on April 1, 2012. (C) In no event, however, shall the minimum inspection fee for any telecommunications service company be less than one hundred dollars ($100).
(A) Notwithstanding the calculations in subdivision (c)(1), the minimum inspection fee for companies that elect market regulation pursuant to § 65-5-109(m) shall be forty-nine percent (49%) of the inspection fee that was due by such company on April 1, 2012. Such companies shall file with their fee payments a calculation of both the fee as calculated under subdivision (c)(1) and the alternative minimum calculation established in this subdivision (c)(2)(A).
(B) Notwithstanding the calculation in subdivision (c)(1), the maximum inspection fee for a company providing telecommunications services that does not elect to enter market regulation shall be the inspection fee that was due by such company on April 1, 2012.
(C) In no event, however, shall the minimum inspection fee for any telecommunications service company be less than one hundred dollars ($100).
(d) The fee shall be due and payable on or before April 1, 2014, and each April 1 thereafter.
(e) The fee provided for in this section may be recovered by a public utility operating under rate of return regulation through either a rate case proceeding pursuant to § 65-5-103 or a separate recovery mechanism to be determined by the commission. Nothing in this section shall alter the manner in which public utilities that operate under price regulation or market regulation, pursuant to § 65-5-109 , may set rates. Nothing in this section shall alter the limitations on the jurisdiction of the commission over market-regulated companies in § 65-5-109 . A public utility may recoup its inspection fees by including a line item on its subscribers' bills.
Amended by 2013 Tenn. Acts, ch. 245, s 4, eff. 4/19/2013.
Acts 1921, ch. 107, § 2; Shan. Supp., § 3059a101; Code 1932, § 5461; Acts 1935, ch. 139, § 1; C. Supp. 1950, § 5461; T.C.A. (orig. ed.), § 65-427; Acts 1986, ch. 862, § 5; 1987, ch. 53, § 1; 1993, ch. 461, § 1; 1995, ch. 305, § 20; 2009 , ch. 531, § 54.
Tenn. Code Ann. § 65-25-121 — TN Code / Title 65 / Chapter 25 / Section 65-25-121
Foreign corporations
Status: in_force

(a) Any corporation organized on a nonprofit or a cooperative basis for the primary purpose and/or for one (1) or more secondary purposes and operating in a state adjacent to this state shall be permitted to transact business in this state without complying with any statute of this state pertaining to the qualification of foreign corporations for the transaction of business in this state. (b) Any such foreign corporation, as a prerequisite to its transaction of business in this state, shall, by an instrument executed and acknowledged in its behalf by its president or vice president and attested to by its secretary, designate the secretary of state its agent to accept service of process in its behalf. In the event any such process shall be served upon the secretary of state, the secretary of state shall forthwith forward the same by registered mail to such corporation at the address thereof specified in such instrument. (c) Any such corporation may sue and be sued in the courts of this state to the same extent that a cooperative under this chapter may sue or be sued in such courts. (d) Any such foreign corporation may secure its notes, bonds, or other evidences of indebtedness by mortgage, pledge, deed of trust, or other encumbrance of any or all of its then-owned or after-acquired real or personal property, assets, or franchise, located or to be located in this state, and also upon its revenues and income. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-221 .
(a) Any corporation organized on a nonprofit or a cooperative basis for the primary purpose and/or for one (1) or more secondary purposes and operating in a state adjacent to this state shall be permitted to transact business in this state without complying with any statute of this state pertaining to the qualification of foreign corporations for the transaction of business in this state.
(b) Any such foreign corporation, as a prerequisite to its transaction of business in this state, shall, by an instrument executed and acknowledged in its behalf by its president or vice president and attested to by its secretary, designate the secretary of state its agent to accept service of process in its behalf. In the event any such process shall be served upon the secretary of state, the secretary of state shall forthwith forward the same by registered mail to such corporation at the address thereof specified in such instrument.
(c) Any such corporation may sue and be sued in the courts of this state to the same extent that a cooperative under this chapter may sue or be sued in such courts.
(d) Any such foreign corporation may secure its notes, bonds, or other evidences of indebtedness by mortgage, pledge, deed of trust, or other encumbrance of any or all of its then-owned or after-acquired real or personal property, assets, or franchise, located or to be located in this state, and also upon its revenues and income.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-221 .
Tenn. Code Ann. § 65-29-129 — TN Code / Title 65 / Chapter 29 / Section 65-29-129
No exemption from ad valorem taxes
Status: in_force

Nothing in this chapter shall be construed to exempt cooperatives and foreign corporations furnishing telephone service in this state pursuant to this chapter from ad valorem property taxes. Assessment schedules for such property shall be filed with the comptroller of the treasury. Cooperatives and foreign corporations shall also be subject to the sales and use tax under title 67, chapter 6. The payment of the above taxes shall be in lieu of all other taxes unless it is otherwise specifically provided by law. Acts 1961, ch. 330, § 29; T.C.A., § 65-2929; Acts 1989, ch. 312, § 2; 1995, ch. 305, § 38.
Nothing in this chapter shall be construed to exempt cooperatives and foreign corporations furnishing telephone service in this state pursuant to this chapter from ad valorem property taxes. Assessment schedules for such property shall be filed with the comptroller of the treasury. Cooperatives and foreign corporations shall also be subject to the sales and use tax under title 67, chapter 6. The payment of the above taxes shall be in lieu of all other taxes unless it is otherwise specifically provided by law.
Acts 1961, ch. 330, § 29; T.C.A., § 65-2929; Acts 1989, ch. 312, § 2; 1995, ch. 305, § 38.
Tenn. Code Ann. § 65-29-116 — TN Code / Title 65 / Chapter 29 / Section 65-29-116
Effect of consolidation or merger
Status: in_force

The effect of consolidation or merger shall be as follows: (1) The several cooperatives, parties to the consolidation or merger, shall be a single cooperative, which, in the case of a consolidation, shall be the new cooperative provided for in the articles of consolidation, and, in the case of a merger, shall be that cooperative designated in the articles of merger as the surviving cooperative, and the separate existence of all cooperatives, parties to the consolidation or merger, except the new or surviving cooperative, shall cease; (2) Such new or surviving cooperative shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a cooperative organized under this chapter, and shall possess all the rights, privileges, immunities and franchises as well of a public as of a private nature, and all property, real and personal, applications for membership, all debts due on whatever account, and all other choses in action, of each of the consolidating or merging cooperatives, and furthermore all and every interest of, or belonging or due to, each of the cooperatives so consolidated or merged, shall be taken and deemed to be transferred to and vested in such new or surviving cooperative without further act or deed; and the title to any real estate, or any interest therein, under the laws of this state vested in any such cooperatives shall not revert or be in any way impaired by reason of such consolidation or merger; (3) Such new or surviving cooperative shall thenceforth be responsible and liable for all of the liabilities and obligations of each of the cooperatives so consolidated or merged, and any claim existing, or action or proceeding pending, by or against any of such cooperatives may be prosecuted as if such consolidation or merger had not taken place, but such new or surviving cooperatives may be substituted in its place; (4) Neither the rights of creditors nor any liens upon the property of any such cooperatives shall be impaired by such consolidation or merger; and (5) In the case of a consolidation, the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative; and in the case of a merger, the articles of incorporation of the surviving cooperative shall be deemed to be amended to the extent, if any, that changes in the articles of incorporation of the surviving cooperative are provided for in the articles of merger. Acts 1961, ch. 330, § 15; T.C.A, § 65-2916.
The effect of consolidation or merger shall be as follows:
(1) The several cooperatives, parties to the consolidation or merger, shall be a single cooperative, which, in the case of a consolidation, shall be the new cooperative provided for in the articles of consolidation, and, in the case of a merger, shall be that cooperative designated in the articles of merger as the surviving cooperative, and the separate existence of all cooperatives, parties to the consolidation or merger, except the new or surviving cooperative, shall cease;
(2) Such new or surviving cooperative shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a cooperative organized under this chapter, and shall possess all the rights, privileges, immunities and franchises as well of a public as of a private nature, and all property, real and personal, applications for membership, all debts due on whatever account, and all other choses in action, of each of the consolidating or merging cooperatives, and furthermore all and every interest of, or belonging or due to, each of the cooperatives so consolidated or merged, shall be taken and deemed to be transferred to and vested in such new or surviving cooperative without further act or deed; and the title to any real estate, or any interest therein, under the laws of this state vested in any such cooperatives shall not revert or be in any way impaired by reason of such consolidation or merger;
(3) Such new or surviving cooperative shall thenceforth be responsible and liable for all of the liabilities and obligations of each of the cooperatives so consolidated or merged, and any claim existing, or action or proceeding pending, by or against any of such cooperatives may be prosecuted as if such consolidation or merger had not taken place, but such new or surviving cooperatives may be substituted in its place;
(4) Neither the rights of creditors nor any liens upon the property of any such cooperatives shall be impaired by such consolidation or merger; and
(5) In the case of a consolidation, the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative; and in the case of a merger, the articles of incorporation of the surviving cooperative shall be deemed to be amended to the extent, if any, that changes in the articles of incorporation of the surviving cooperative are provided for in the articles of merger.
Acts 1961, ch. 330, § 15; T.C.A, § 65-2916.
Tenn. Code Ann. § 65-4-305 — TN Code / Title 65 / Chapter 4 / Section 65-4-305
Information required of utility
Status: in_force

Annually, every such public utility doing business in this state shall file with the commission a statement under oath, in such form and substance as may be prescribed by the commission, setting forth accurately the amount of its gross receipts from all sources for the preceding calendar year. Any such public utility failing to file such statement as required, or failing to give such other information as may be reasonably required of such public utility, commits a Class C misdemeanor for each day of such failure to comply. Acts 1921, ch. 107, § 3; Shan. Supp., § 3059a103; Code 1932, § 5463; T.C.A. (orig. ed.), § 65-429; Acts 1989, ch. 591, § 113; 1995, ch. 305, § 20.
Annually, every such public utility doing business in this state shall file with the commission a statement under oath, in such form and substance as may be prescribed by the commission, setting forth accurately the amount of its gross receipts from all sources for the preceding calendar year. Any such public utility failing to file such statement as required, or failing to give such other information as may be reasonably required of such public utility, commits a Class C misdemeanor for each day of such failure to comply.
Acts 1921, ch. 107, § 3; Shan. Supp., § 3059a103; Code 1932, § 5463; T.C.A. (orig. ed.), § 65-429; Acts 1989, ch. 591, § 113; 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-5-202 — TN Code / Title 65 / Chapter 5 / Section 65-5-202
Part definitions - Treatment of telecommunications services to avoid federal law prohibited - Jurisdiction of regulatory commission maintained - Regulation of cable television not affected
Status: in_force

(a) (1) As used in this part, "broadband services" means any service that consists of or includes a high-speed access capability to transmit at a rate that is not less than two hundred kilobits per second (200 Kbps), either in the upstream or downstream direction and either: (A) Is used to provide access to the internet; or (B) Provides computer processing, information storage, information content or protocol conversion, including any service applications or information service provided over the high-speed access service. (2) "Broadband services" does not include intrastate service that was tariffed with the Tennessee public utility commission and in effect as of May 15, 2006; furthermore, the intrastate service shall not be reclassified, bundled, detariffed, declared obsolete or otherwise recharacterized to avoid the imposition of inspection fees by the Tennessee public utility commission. (b) Nothing in this part shall permit any carrier to treat services that constitute telecommunications services under federal law as nontelecommunications services for any purpose under state law. (c) Nothing in this part shall alter or affect the jurisdiction of the Tennessee public utility commission to arbitrate or hear complaints related to anticompetitive pricing of regulated services or interconnection agreements between carriers pursuant to §§ 251 and 252 of the federal Telecommunications Act ( 47 U.S.C. §§ 251 and 252 ). (d) Nothing in this part shall alter or affect any jurisdiction or authority of the Tennessee public utility commission to act in accordance with federal laws or regulations of the federal communications commission, including, but not limited to, jurisdiction granted to set rates, terms, and conditions for access to unbundled network elements and to arbitrate and enforce interconnection agreements. (e) Nothing in this part shall alter or affect in any manner the regulation of cable television as established elsewhere in state law. Acts 2006, ch. 681, § 3.
(a) (1) As used in this part, "broadband services" means any service that consists of or includes a high-speed access capability to transmit at a rate that is not less than two hundred kilobits per second (200 Kbps), either in the upstream or downstream direction and either: (A) Is used to provide access to the internet; or (B) Provides computer processing, information storage, information content or protocol conversion, including any service applications or information service provided over the high-speed access service. (2) "Broadband services" does not include intrastate service that was tariffed with the Tennessee public utility commission and in effect as of May 15, 2006; furthermore, the intrastate service shall not be reclassified, bundled, detariffed, declared obsolete or otherwise recharacterized to avoid the imposition of inspection fees by the Tennessee public utility commission.
(1) As used in this part, "broadband services" means any service that consists of or includes a high-speed access capability to transmit at a rate that is not less than two hundred kilobits per second (200 Kbps), either in the upstream or downstream direction and either: (A) Is used to provide access to the internet; or (B) Provides computer processing, information storage, information content or protocol conversion, including any service applications or information service provided over the high-speed access service.
(A) Is used to provide access to the internet; or
(B) Provides computer processing, information storage, information content or protocol conversion, including any service applications or information service provided over the high-speed access service.
(2) "Broadband services" does not include intrastate service that was tariffed with the Tennessee public utility commission and in effect as of May 15, 2006; furthermore, the intrastate service shall not be reclassified, bundled, detariffed, declared obsolete or otherwise recharacterized to avoid the imposition of inspection fees by the Tennessee public utility commission.
(b) Nothing in this part shall permit any carrier to treat services that constitute telecommunications services under federal law as nontelecommunications services for any purpose under state law.
(c) Nothing in this part shall alter or affect the jurisdiction of the Tennessee public utility commission to arbitrate or hear complaints related to anticompetitive pricing of regulated services or interconnection agreements between carriers pursuant to §§ 251 and 252 of the federal Telecommunications Act ( 47 U.S.C. §§ 251 and 252 ).
(d) Nothing in this part shall alter or affect any jurisdiction or authority of the Tennessee public utility commission to act in accordance with federal laws or regulations of the federal communications commission, including, but not limited to, jurisdiction granted to set rates, terms, and conditions for access to unbundled network elements and to arbitrate and enforce interconnection agreements.
(e) Nothing in this part shall alter or affect in any manner the regulation of cable television as established elsewhere in state law.
Acts 2006, ch. 681, § 3.
Tenn. Code Ann. § 65-3-207 — TN Code / Title 65 / Chapter 3 / Section 65-3-207
Use of fees
Status: in_force

The inspection, control and supervision fees generated by this part shall be used only to support railroad-related programs administered by the department of transportation and assessment functions performed by the comptroller of the treasury under title 67, chapter 5, part 13. Acts 1998, ch. 787, § 1.
The inspection, control and supervision fees generated by this part shall be used only to support railroad-related programs administered by the department of transportation and assessment functions performed by the comptroller of the treasury under title 67, chapter 5, part 13.
Acts 1998, ch. 787, § 1.
Tenn. Code Ann. § 65-8-102 — TN Code / Title 65 / Chapter 8 / Section 65-8-102
Borrowing money for payment - Issuance of bonds
Status: in_force

Any railroad company described in § 65-8-101 shall have the power to borrow money and to issue its bonds therefor, or for any other indebtedness or liability which it may incur, or may have incurred, in the exercise of its lawful purposes, and to secure the payment of such bonds, with the interest thereon, by a mortgage of the whole or any part of its railroad and equipment and other property and franchises, containing such provisions as its directors shall approve. Acts 1871, ch. 22, § 3; 1871, ch. 69, § 1; Shan., § 1510; Code 1932, § 2581; T.C.A. (orig. ed.), § 65-802.
Any railroad company described in § 65-8-101 shall have the power to borrow money and to issue its bonds therefor, or for any other indebtedness or liability which it may incur, or may have incurred, in the exercise of its lawful purposes, and to secure the payment of such bonds, with the interest thereon, by a mortgage of the whole or any part of its railroad and equipment and other property and franchises, containing such provisions as its directors shall approve.
Acts 1871, ch. 22, § 3; 1871, ch. 69, § 1; Shan., § 1510; Code 1932, § 2581; T.C.A. (orig. ed.), § 65-802.
Tenn. Code Ann. § 65-6-106 — TN Code / Title 65 / Chapter 6 / Section 65-6-106
Entry upon private lands for certain purposes
Status: in_force

The company, by its officers and agents, may enter upon the lands of private persons for the purpose of making surveys, estimates, and location of route. Acts 1875, ch. 142, § 6; Shan., § 2425; Code 1932, § 4009; T.C.A. (orig. ed.), § 65-606.
The company, by its officers and agents, may enter upon the lands of private persons for the purpose of making surveys, estimates, and location of route.
Acts 1875, ch. 142, § 6; Shan., § 2425; Code 1932, § 4009; T.C.A. (orig. ed.), § 65-606.
Tenn. Code Ann. § 65-26-103 — TN Code / Title 65 / Chapter 26 / Section 65-26-103
Restrictions against nuisances
Status: in_force

The works and operations of the company shall be so constructed and managed that no annoyance shall accrue therefrom to the health and comfort of the inhabitants of the town; and nothing in this chapter shall be so construed as to absolve the company, its officers or agents, from any legal proceedings to restrain or abate any nuisance arising from such works or operations. Acts 1875, ch. 142, § 25; Shan., § 2210; Code 1932, § 3962; T.C.A. (orig. ed.), § 65-2603.
The works and operations of the company shall be so constructed and managed that no annoyance shall accrue therefrom to the health and comfort of the inhabitants of the town; and nothing in this chapter shall be so construed as to absolve the company, its officers or agents, from any legal proceedings to restrain or abate any nuisance arising from such works or operations.
Acts 1875, ch. 142, § 25; Shan., § 2210; Code 1932, § 3962; T.C.A. (orig. ed.), § 65-2603.
Tenn. Code Ann. § 65-6-129 — TN Code / Title 65 / Chapter 6 / Section 65-6-129
Powers in addition to those existing under charters
Status: in_force

The powers conferred by §§ 65-6-117 - 65-6-119, 65-6-127 and 65-6-128 are in addition to the powers which railroad companies have by virtue of their charters or by virtue of the general laws of the state. Acts 1907, ch. 464, § 3; 1911, ch. 55, § 3; 1911, ch. 70, § 3; Shan., §§ 1489a3, 1490a3; 1880a11; Code 1932, §§ 2574, 2578, 3156; modified; T.C.A. (orig. ed.), § 65-640.
The powers conferred by §§ 65-6-117 - 65-6-119, 65-6-127 and 65-6-128 are in addition to the powers which railroad companies have by virtue of their charters or by virtue of the general laws of the state.
Acts 1907, ch. 464, § 3; 1911, ch. 55, § 3; 1911, ch. 70, § 3; Shan., §§ 1489a3, 1490a3; 1880a11; Code 1932, §§ 2574, 2578, 3156; modified; T.C.A. (orig. ed.), § 65-640.
Tenn. Code Ann. § 65-6-127 — TN Code / Title 65 / Chapter 6 / Section 65-6-127
Power to build or extend lines and facilities
Status: in_force

Any railroad company owning or operating any railroad or any part thereof in the state, whether chartered under the laws of this state or under the laws of any other state or states, is empowered to build cut-off lines, branch lines, and other lines for the purpose of the better and more expeditious handling of the public business in the transportation of freight and passengers, and to construct, build, or extend any main line, branch line, or other line into, and to serve, other and different territory, and to build second main or double tracks, turnouts, switches, spur tracks, side-tracks, stations, depots, and terminal facilities. Acts 1911, ch. 70, § 1; Shan., § 1489a1; Code 1932, § 2572; T.C.A. (orig. ed.), § 65-638.
Any railroad company owning or operating any railroad or any part thereof in the state, whether chartered under the laws of this state or under the laws of any other state or states, is empowered to build cut-off lines, branch lines, and other lines for the purpose of the better and more expeditious handling of the public business in the transportation of freight and passengers, and to construct, build, or extend any main line, branch line, or other line into, and to serve, other and different territory, and to build second main or double tracks, turnouts, switches, spur tracks, side-tracks, stations, depots, and terminal facilities.
Acts 1911, ch. 70, § 1; Shan., § 1489a1; Code 1932, § 2572; T.C.A. (orig. ed.), § 65-638.
Tenn. Code Ann. § 65-25-130 — TN Code / Title 65 / Chapter 25 / Section 65-25-130
Subsidies by electric cooperatives to cable joint ventures - Antitrust provisions - Remedies
Status: in_force

(a) An electric cooperative may not provide subsidies to a cable joint venture. Notwithstanding that limitation, an electric cooperative participating in a cable joint venture may: (1) Dedicate a reasonable portion of the electric plant to the provision of such service, the costs of which shall be allocated to such services by agreement of the parties to the joint venture; and (2) Lend funds, at a rate of interest not less than the highest rate then earned by the electric cooperative on invested electric plant funds, to acquire, construct, and provide working capital for the system, plant, and equipment necessary to provide any such services; provided, that such interest costs shall be allocated to the cost of such service for regulatory purposes, and further provided that no financing for a cable joint venture shall come from loans from the rural utility service of the United States department of agriculture unless and until such loans are specifically authorized by federal statute. (b) To the extent that an electric cooperative offers services through a cable joint venture, such cooperative shall have all the powers, obligations, and authority granted other entities providing such services under the applicable laws of the United States, the state of Tennessee, or local governments; provided, that the franchise under which the joint venture shall operate shall in no way be considered an overlapping franchise nor in any way modify or amend § 7-59-203 . (c) Nothing in this chapter shall be construed to alter or amend the process or procedure for renewal of franchises. (d) It is unlawful during the negotiation of the joint venture or thereafter for any party to a cable joint venture or the local franchising authority, as defined in title 7, chapter 59, to use unfair or anti-competitive practices under any applicable state or federal law. Such practices shall include, but are not limited to, predatory pricing, collusion, and price tying. (e) The parties to a cable joint venture or the local franchising authority, as defined in title 7, chapter 59, may bring a civil action for injunctive or declaratory relief in chancery court to enforce subsection (d). Venue for such action may be in any county where the unfair or anti-competitive practice is alleged to have occurred or to be threatened. (f) If the cable joint venture or any member of the cable joint venture providing such service is exempt from paying federal, state, or local taxes, then, for regulatory purposes, the cable joint venture shall allocate to the costs of such services an amount equal to a reasonable determination of the state, local and federal taxes which would be required to be paid if the cable joint venture were not exempt and each of its members were not exempt from paying such taxes. Amended by 2017 Tenn. Acts, ch. 228,s 10, eff. 4/24/2017. Acts 1999, ch. 430, § 2; T.C.A. § 65-25-230 .
(a) An electric cooperative may not provide subsidies to a cable joint venture. Notwithstanding that limitation, an electric cooperative participating in a cable joint venture may: (1) Dedicate a reasonable portion of the electric plant to the provision of such service, the costs of which shall be allocated to such services by agreement of the parties to the joint venture; and (2) Lend funds, at a rate of interest not less than the highest rate then earned by the electric cooperative on invested electric plant funds, to acquire, construct, and provide working capital for the system, plant, and equipment necessary to provide any such services; provided, that such interest costs shall be allocated to the cost of such service for regulatory purposes, and further provided that no financing for a cable joint venture shall come from loans from the rural utility service of the United States department of agriculture unless and until such loans are specifically authorized by federal statute.
(1) Dedicate a reasonable portion of the electric plant to the provision of such service, the costs of which shall be allocated to such services by agreement of the parties to the joint venture; and
(2) Lend funds, at a rate of interest not less than the highest rate then earned by the electric cooperative on invested electric plant funds, to acquire, construct, and provide working capital for the system, plant, and equipment necessary to provide any such services; provided, that such interest costs shall be allocated to the cost of such service for regulatory purposes, and further provided that no financing for a cable joint venture shall come from loans from the rural utility service of the United States department of agriculture unless and until such loans are specifically authorized by federal statute.
(b) To the extent that an electric cooperative offers services through a cable joint venture, such cooperative shall have all the powers, obligations, and authority granted other entities providing such services under the applicable laws of the United States, the state of Tennessee, or local governments; provided, that the franchise under which the joint venture shall operate shall in no way be considered an overlapping franchise nor in any way modify or amend § 7-59-203 .
(c) Nothing in this chapter shall be construed to alter or amend the process or procedure for renewal of franchises.
(d) It is unlawful during the negotiation of the joint venture or thereafter for any party to a cable joint venture or the local franchising authority, as defined in title 7, chapter 59, to use unfair or anti-competitive practices under any applicable state or federal law. Such practices shall include, but are not limited to, predatory pricing, collusion, and price tying.
(e) The parties to a cable joint venture or the local franchising authority, as defined in title 7, chapter 59, may bring a civil action for injunctive or declaratory relief in chancery court to enforce subsection (d). Venue for such action may be in any county where the unfair or anti-competitive practice is alleged to have occurred or to be threatened.
(f) If the cable joint venture or any member of the cable joint venture providing such service is exempt from paying federal, state, or local taxes, then, for regulatory purposes, the cable joint venture shall allocate to the costs of such services an amount equal to a reasonable determination of the state, local and federal taxes which would be required to be paid if the cable joint venture were not exempt and each of its members were not exempt from paying such taxes.
Amended by 2017 Tenn. Acts, ch. 228,s 10, eff. 4/24/2017.
Acts 1999, ch. 430, § 2; T.C.A. § 65-25-230 .
Tenn. Code Ann. § 65-29-130 — TN Code / Title 65 / Chapter 29 / Section 65-29-130
Jurisdiction of Tennessee public utility commission
Status: in_force

(a) Cooperatives and foreign corporations engaged in rendering telephone service in this state pursuant to this chapter fall within the jurisdiction of the Tennessee public utility commission for the sole and specific purposes as set out below: (1) The establishment of territorial boundaries; (2) The hearing and determining of disputes arising between one (1) telephone cooperative and other telephone cooperatives, and between telephone cooperatives and any other type of person, corporation, association, or partnership rendering telephone service, relative to and concerning territorial disputes; and (3) The approval of sales and purchases of operating telephone properties. (b) Cooperatives and foreign corporations engaged in rendering telephone service in this state pursuant to this chapter fall within the jurisdiction of the comptroller of the treasury for the sole and specific purpose of assessing the cooperative property for ad valorem taxes as provided in § 65-29-129 . (c) Either party shall have the right of appeal from any ruling, order or action by the commission or the comptroller of the treasury under the procedures established by §§ 4-5-322 and 4-5-323 . Amended by 2017 Tenn. Acts, ch. 94, Secs.s 61, s 62eff. 4/4/2017. Acts 1961, ch. 330, § 30; T.C.A., § 65-2930; Acts 1995, ch. 305, § 39.
(a) Cooperatives and foreign corporations engaged in rendering telephone service in this state pursuant to this chapter fall within the jurisdiction of the Tennessee public utility commission for the sole and specific purposes as set out below: (1) The establishment of territorial boundaries; (2) The hearing and determining of disputes arising between one (1) telephone cooperative and other telephone cooperatives, and between telephone cooperatives and any other type of person, corporation, association, or partnership rendering telephone service, relative to and concerning territorial disputes; and (3) The approval of sales and purchases of operating telephone properties.
(1) The establishment of territorial boundaries;
(2) The hearing and determining of disputes arising between one (1) telephone cooperative and other telephone cooperatives, and between telephone cooperatives and any other type of person, corporation, association, or partnership rendering telephone service, relative to and concerning territorial disputes; and
(3) The approval of sales and purchases of operating telephone properties.
(b) Cooperatives and foreign corporations engaged in rendering telephone service in this state pursuant to this chapter fall within the jurisdiction of the comptroller of the treasury for the sole and specific purpose of assessing the cooperative property for ad valorem taxes as provided in § 65-29-129 .
(c) Either party shall have the right of appeal from any ruling, order or action by the commission or the comptroller of the treasury under the procedures established by §§ 4-5-322 and 4-5-323 .
Amended by 2017 Tenn. Acts, ch. 94, Secs.s 61, s 62eff. 4/4/2017.
Acts 1961, ch. 330, § 30; T.C.A., § 65-2930; Acts 1995, ch. 305, § 39.
Tenn. Code Ann. § 65-6-131 — TN Code / Title 65 / Chapter 6 / Section 65-6-131
Consolidation of competing or parallel lines unlawful - Liability for taxes
Status: in_force

Nothing in this chapter shall be construed to make it lawful for any railroad corporation to purchase or consolidate with any parallel or competing line of railway, whether constructed or in course of construction, or to exempt railroad companies from paying state, county, or municipal taxes upon such extensions, branches or new lines. Acts 1889, ch. 158, § 3; 1895, ch. 152, § 2; 1899, ch. 259, § 2; 1899, ch. 399, § 2; 1907, ch. 464, § 4; 1911, ch. 55, § 4; Shan., §§ 1490, 1490a4, 1873, 1880a7, 1880a12, 2428; mod. Code 1932, §§ 2575, 2579, 3138, 3152, 3157, 4012; modified; T.C.A. (orig. ed.), § 65-642.
Nothing in this chapter shall be construed to make it lawful for any railroad corporation to purchase or consolidate with any parallel or competing line of railway, whether constructed or in course of construction, or to exempt railroad companies from paying state, county, or municipal taxes upon such extensions, branches or new lines.
Acts 1889, ch. 158, § 3; 1895, ch. 152, § 2; 1899, ch. 259, § 2; 1899, ch. 399, § 2; 1907, ch. 464, § 4; 1911, ch. 55, § 4; Shan., §§ 1490, 1490a4, 1873, 1880a7, 1880a12, 2428; mod. Code 1932, §§ 2575, 2579, 3138, 3152, 3157, 4012; modified; T.C.A. (orig. ed.), § 65-642.
Tenn. Code Ann. § 65-1-107 — TN Code / Title 65 / Chapter 1 / Section 65-1-107
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 98, s 1, eff. 3/28/2019. Acts 1995, ch. 305, § 5; T.C.A. § 65-1-207.
Repealed by 2019 Tenn. Acts, ch. 98, s 1, eff. 3/28/2019.
Acts 1995, ch. 305, § 5; T.C.A. § 65-1-207.
Tenn. Code Ann. § 65-4-404 — TN Code / Title 65 / Chapter 4 / Section 65-4-404
Calls or text messaging to persons objecting to solicitation
Status: in_force

A person or entity shall not knowingly make or cause to be made a telephone or text message solicitation to a residential subscriber in this state who has given notice to the commission, in accordance with rules promulgated pursuant to this part, of such subscriber's objection to receiving telephone or text message solicitations. Amended by 2023 Tenn. Acts, ch. 126, s 4, eff. 7/1/2023. Acts 1999, ch. 478, § 4.
A person or entity shall not knowingly make or cause to be made a telephone or text message solicitation to a residential subscriber in this state who has given notice to the commission, in accordance with rules promulgated pursuant to this part, of such subscriber's objection to receiving telephone or text message solicitations.
Amended by 2023 Tenn. Acts, ch. 126, s 4, eff. 7/1/2023.
Acts 1999, ch. 478, § 4.
Tenn. Code Ann. § 65-22-105 — TN Code / Title 65 / Chapter 22 / Section 65-22-105
Manufacture and sale of ice or other products
Status: in_force

(a) Corporations for the purpose of engaging in the business of generating and furnishing electric light or power, may engage in the business of manufacturing and selling, at wholesale or retail, ice, or other products. (b) Such electric light and power corporations, as exercise the power given by subsection (a), shall pay the same privilege taxes therefor on such manufacturing and retail or wholesale trade of manufactured products as other corporations incorporated for such manufacturing purposes are required to pay, in addition to the privilege taxes required by law for engaging in the electric light and power business. Acts 1921, ch. 148, §§ 1, 2; Shan. Supp., §§2485a1, 2485a2; mod. Code 1932, §§ 3943, 3944; T.C.A. (orig. ed.), §§ 65-2207, 65-2208.
(a) Corporations for the purpose of engaging in the business of generating and furnishing electric light or power, may engage in the business of manufacturing and selling, at wholesale or retail, ice, or other products.
(b) Such electric light and power corporations, as exercise the power given by subsection (a), shall pay the same privilege taxes therefor on such manufacturing and retail or wholesale trade of manufactured products as other corporations incorporated for such manufacturing purposes are required to pay, in addition to the privilege taxes required by law for engaging in the electric light and power business.
Acts 1921, ch. 148, §§ 1, 2; Shan. Supp., §§2485a1, 2485a2; mod. Code 1932, §§ 3943, 3944; T.C.A. (orig. ed.), §§ 65-2207, 65-2208.
Tenn. Code Ann. § 65-29-101 — TN Code / Title 65 / Chapter 29 / Section 65-29-101
Short title
Status: in_force

This chapter may be cited as the "Telephone Cooperative Act." Acts 1961, ch. 330, § 1; T.C.A., § 65-2901.
This chapter may be cited as the "Telephone Cooperative Act."
Acts 1961, ch. 330, § 1; T.C.A., § 65-2901.
Tenn. Code Ann. § 65-22-104 — TN Code / Title 65 / Chapter 22 / Section 65-22-104
Contracts for services
Status: in_force

Such corporation may also contract with cities, towns, and villages, and with persons, for supplying them with water, light, heat, electricity, electrical and mechanical powers, and any other article or thing which it may produce or handle. Acts 1909, ch. 127, § 4; Shan., § 2489a4; Code 1932, § 3941; T.C.A. (orig. ed.), § 65-2206.
Such corporation may also contract with cities, towns, and villages, and with persons, for supplying them with water, light, heat, electricity, electrical and mechanical powers, and any other article or thing which it may produce or handle.
Acts 1909, ch. 127, § 4; Shan., § 2489a4; Code 1932, § 3941; T.C.A. (orig. ed.), § 65-2206.
Tenn. Code Ann. § 65-4-119 — TN Code / Title 65 / Chapter 4 / Section 65-4-119
Complaints referred to employees
Status: in_force

Any person employed by the commission in the consumer advocate division may be assigned by the commission to investigate, hear, and, wherever possible, adjust any individual or general complaint made by any person against any such public utility, wherein its investment, property, service charges, or claims preferred against it, may be involved, and may hear and take proof, and, in the event the commission employee is unable to effect a satisfactory adjustment of any such complaint, then the commission employee shall certify the same to the commission, with recommendations in the premises, whereupon the commission shall, after hearing, make its final order, which shall be binding upon the parties to any such controversy. Acts 1921, ch. 107, § 6; Shan. Supp., § 3059a109; Code 1932, § 5469; T.C.A. (orig. ed.), § 65-435; Acts 1993, ch. 23, § 1; T.C.A., § 65-4-118 ; Acts 1995, ch. 305, § 20.
Any person employed by the commission in the consumer advocate division may be assigned by the commission to investigate, hear, and, wherever possible, adjust any individual or general complaint made by any person against any such public utility, wherein its investment, property, service charges, or claims preferred against it, may be involved, and may hear and take proof, and, in the event the commission employee is unable to effect a satisfactory adjustment of any such complaint, then the commission employee shall certify the same to the commission, with recommendations in the premises, whereupon the commission shall, after hearing, make its final order, which shall be binding upon the parties to any such controversy.
Acts 1921, ch. 107, § 6; Shan. Supp., § 3059a109; Code 1932, § 5469; T.C.A. (orig. ed.), § 65-435; Acts 1993, ch. 23, § 1; T.C.A., § 65-4-118 ; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-15-304 — TN Code / Title 65 / Chapter 15 / Section 65-15-304
Duties of transportation network company operating in state
Status: in_force

A transportation network company operating in this state shall: (1) Provide riders with any applicable rates charged for a prearranged ride and the option to receive an estimated fare before the rider enters the driver's motor vehicle; (2) Use a software application or website to display a picture of the driver and the license plate number of the motor vehicle utilized for providing the prearranged ride before the rider enters the driver's motor vehicle; (3) Transmit an electronic receipt to the rider within a reasonable time after the completion of a prearranged ride that lists: (A) The origin and destination of the trip; (B) The total time and distance of the trip; and (C) An itemization of the total fare paid, if any; (4) Implement a zero-tolerance policy on the use of drugs or alcohol by a driver while a driver provides a prearranged ride or is logged into the transportation network company's digital network but is not providing a prearranged ride, and provide notice of this policy on its website; (5) Maintain: (A) Individual trip records for each driver for at least two (2) years from the date each trip was provided by the driver; and (B) Driver records for no less than two (2) years from the date on which a driver's activation on the transportation network company's digital network has ended; (6) Conduct, or have a third party conduct, a local and national criminal background check on any potential driver that includes a multistate criminal records locator or other similar commercial nationwide database with validation; (7) Conduct a national sex offender registry search for any potential driver; (8) Obtain motor vehicle records for any potential driver; (9) Comply with § 55-12-141 ; and (10) Comply with § 56-7-1119(f) . Added by 2015 Tenn. Acts, ch. 520, s 4, eff. 5/20/2015.
A transportation network company operating in this state shall:
(1) Provide riders with any applicable rates charged for a prearranged ride and the option to receive an estimated fare before the rider enters the driver's motor vehicle;
(2) Use a software application or website to display a picture of the driver and the license plate number of the motor vehicle utilized for providing the prearranged ride before the rider enters the driver's motor vehicle;
(3) Transmit an electronic receipt to the rider within a reasonable time after the completion of a prearranged ride that lists: (A) The origin and destination of the trip; (B) The total time and distance of the trip; and (C) An itemization of the total fare paid, if any;
(A) The origin and destination of the trip;
(B) The total time and distance of the trip; and
(C) An itemization of the total fare paid, if any;
(4) Implement a zero-tolerance policy on the use of drugs or alcohol by a driver while a driver provides a prearranged ride or is logged into the transportation network company's digital network but is not providing a prearranged ride, and provide notice of this policy on its website;
(5) Maintain: (A) Individual trip records for each driver for at least two (2) years from the date each trip was provided by the driver; and (B) Driver records for no less than two (2) years from the date on which a driver's activation on the transportation network company's digital network has ended;
(A) Individual trip records for each driver for at least two (2) years from the date each trip was provided by the driver; and
(B) Driver records for no less than two (2) years from the date on which a driver's activation on the transportation network company's digital network has ended;
(6) Conduct, or have a third party conduct, a local and national criminal background check on any potential driver that includes a multistate criminal records locator or other similar commercial nationwide database with validation;
(7) Conduct a national sex offender registry search for any potential driver;
(8) Obtain motor vehicle records for any potential driver;
(9) Comply with § 55-12-141 ; and
(10) Comply with § 56-7-1119(f) .
Added by 2015 Tenn. Acts, ch. 520, s 4, eff. 5/20/2015.
Tenn. Code Ann. § 65-25-128 — TN Code / Title 65 / Chapter 25 / Section 65-25-128
Reserved
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 174, s 1, eff. 4/23/2019. Acts 1988, ch. 689, § 2; 1992, ch. 714, § 1; T.C.A. § 65-25-228 .
Repealed by 2019 Tenn. Acts, ch. 174, s 1, eff. 4/23/2019.
Acts 1988, ch. 689, § 2; 1992, ch. 714, § 1; T.C.A. § 65-25-228 .
Tenn. Code Ann. § 65-2-121 — TN Code / Title 65 / Chapter 2 / Section 65-2-121
Liberal construction of chapter
Status: in_force

This chapter shall not be construed as in derogation of the common law, but shall be given a liberal construction, and any doubt as to the existence or the extent of a power conferred shall be resolved in favor of the existence of the power. Acts 1953, ch. 162, § 32 (Williams, § 5501.55); T.C.A. (orig. ed.), § 65-232.
This chapter shall not be construed as in derogation of the common law, but shall be given a liberal construction, and any doubt as to the existence or the extent of a power conferred shall be resolved in favor of the existence of the power.
Acts 1953, ch. 162, § 32 (Williams, § 5501.55); T.C.A. (orig. ed.), § 65-232.
Tenn. Code Ann. § 65-4-301 — TN Code / Title 65 / Chapter 4 / Section 65-4-301
Fees required
Status: in_force

(a) (1) Every public utility doing business in this state and subject to the control and jurisdiction of the commission to which this chapter applies, shall pay to the state on or before April 1 of each year, a fee for the inspection, control and supervision of the business, service and rates of such public utility. (2) Fees collected by the commission pursuant to this part shall be expended by the commission for the inspection, control and supervision of the business service and rates of such public utilities as established in subdivision (a)(1). In addition, the Tennessee public utility commission may grant, on a one-time basis, an amount not to exceed four hundred thousand dollars ($400,000) from the public utilities account, as defined in § 65-4-307 , to the 2-1-1 collaborative for the purpose of defraying start-up costs associated with the establishment of 2-1-1 telephone service to cover all parts of the state. Such grant may be made only after public notice is provided by the Tennessee public utility commission, specifically giving all public utilities, which are currently doing business in this state and subject to the control and jurisdiction of the commission, the opportunity to raise objection to such grant. The commission shall consider any objection timely filed in response to the commission notice prior to making such grant. (b) Every owner or operator of a public pay telephone service who is not a public utility paying a fee in accordance with subsection (a), and who is authorized to provide such service pursuant to commission regulation, shall pay an annual inspection and supervision fee of ten dollars ($10.00) for each service location. Such fee shall be paid on or before July 1 of each year. Acts 1921, ch. 107, § 2; Shan. Supp., § 3059a99; Code 1932, § 5459; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-425; Acts 1990, ch. 676, § 1; 1995, ch. 305, § 20; 2004, ch. 762, § 3.
(a) (1) Every public utility doing business in this state and subject to the control and jurisdiction of the commission to which this chapter applies, shall pay to the state on or before April 1 of each year, a fee for the inspection, control and supervision of the business, service and rates of such public utility. (2) Fees collected by the commission pursuant to this part shall be expended by the commission for the inspection, control and supervision of the business service and rates of such public utilities as established in subdivision (a)(1). In addition, the Tennessee public utility commission may grant, on a one-time basis, an amount not to exceed four hundred thousand dollars ($400,000) from the public utilities account, as defined in § 65-4-307 , to the 2-1-1 collaborative for the purpose of defraying start-up costs associated with the establishment of 2-1-1 telephone service to cover all parts of the state. Such grant may be made only after public notice is provided by the Tennessee public utility commission, specifically giving all public utilities, which are currently doing business in this state and subject to the control and jurisdiction of the commission, the opportunity to raise objection to such grant. The commission shall consider any objection timely filed in response to the commission notice prior to making such grant.
(1) Every public utility doing business in this state and subject to the control and jurisdiction of the commission to which this chapter applies, shall pay to the state on or before April 1 of each year, a fee for the inspection, control and supervision of the business, service and rates of such public utility.
(2) Fees collected by the commission pursuant to this part shall be expended by the commission for the inspection, control and supervision of the business service and rates of such public utilities as established in subdivision (a)(1). In addition, the Tennessee public utility commission may grant, on a one-time basis, an amount not to exceed four hundred thousand dollars ($400,000) from the public utilities account, as defined in § 65-4-307 , to the 2-1-1 collaborative for the purpose of defraying start-up costs associated with the establishment of 2-1-1 telephone service to cover all parts of the state. Such grant may be made only after public notice is provided by the Tennessee public utility commission, specifically giving all public utilities, which are currently doing business in this state and subject to the control and jurisdiction of the commission, the opportunity to raise objection to such grant. The commission shall consider any objection timely filed in response to the commission notice prior to making such grant.
(b) Every owner or operator of a public pay telephone service who is not a public utility paying a fee in accordance with subsection (a), and who is authorized to provide such service pursuant to commission regulation, shall pay an annual inspection and supervision fee of ten dollars ($10.00) for each service location. Such fee shall be paid on or before July 1 of each year.
Acts 1921, ch. 107, § 2; Shan. Supp., § 3059a99; Code 1932, § 5459; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-425; Acts 1990, ch. 676, § 1; 1995, ch. 305, § 20; 2004, ch. 762, § 3.