Tenn. Code Ann. § 65-33-105 — TN Code / Title 65 / Chapter 33 / Section 65-33-105
Cancellation of plan by customer delinquency
Status: in_force

A customer failing to make an average payment in any month may be subject to removal from the program in which case the computations required in § 65-33-104 will be made and the customer will resume being billed for actual use each billing period. Acts 1978, ch. 615, § 5; T.C.A., § 65-3505.
A customer failing to make an average payment in any month may be subject to removal from the program in which case the computations required in § 65-33-104 will be made and the customer will resume being billed for actual use each billing period.
Acts 1978, ch. 615, § 5; T.C.A., § 65-3505.
Tenn. Code Ann. § 65-4-402 — TN Code / Title 65 / Chapter 4 / Section 65-4-402
Identity of caller or texter - Authorized times for solicitation
Status: in_force

A person or entity who makes a telephone or text message solicitation to a residential subscriber in this state shall, at the beginning of the call or text, state clearly the identity of the person initiating the call and the entity or organization the person represents. Without the permission of the residential subscriber, a person or entity who makes a telephone or text message solicitation shall not call or text the subscriber at any time other than between the hours of eight o'clock a.m. (8:00 a.m.) to nine o'clock p.m. (9:00 p.m.), prevailing time. Amended by 2023 Tenn. Acts, ch. 126, s 2, eff. 7/1/2023. Acts 1999, ch. 478, § 2.
A person or entity who makes a telephone or text message solicitation to a residential subscriber in this state shall, at the beginning of the call or text, state clearly the identity of the person initiating the call and the entity or organization the person represents. Without the permission of the residential subscriber, a person or entity who makes a telephone or text message solicitation shall not call or text the subscriber at any time other than between the hours of eight o'clock a.m. (8:00 a.m.) to nine o'clock p.m. (9:00 p.m.), prevailing time.
Amended by 2023 Tenn. Acts, ch. 126, s 2, eff. 7/1/2023.
Acts 1999, ch. 478, § 2.
Tenn. Code Ann. § 65-29-103 — TN Code / Title 65 / Chapter 29 / Section 65-29-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "De novo" means anew, afresh and from the beginning; (2) "Member" means each incorporator of a cooperative and each person admitted to and retaining membership in the cooperative, and includes a husband and wife admitted to joint membership; (3) "Person" includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic; and (4) "Telephone service" means any communication service whereby communication through the electric or electronic transmission of impulses by or through any media such as wireless technology, wires, cables, microwaves, radio waves, light waves or any combination of such media or any other future transmission technology which may become available to improve communication services, is the principal intended use thereof, and includes all telephone lines, facilities or systems used in the rendition of such service. Acts 1961, ch. 330, § 3; T.C.A., § 65-2903; Acts 1999, ch. 307, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "De novo" means anew, afresh and from the beginning;
(2) "Member" means each incorporator of a cooperative and each person admitted to and retaining membership in the cooperative, and includes a husband and wife admitted to joint membership;
(3) "Person" includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic; and
(4) "Telephone service" means any communication service whereby communication through the electric or electronic transmission of impulses by or through any media such as wireless technology, wires, cables, microwaves, radio waves, light waves or any combination of such media or any other future transmission technology which may become available to improve communication services, is the principal intended use thereof, and includes all telephone lines, facilities or systems used in the rendition of such service.
Acts 1961, ch. 330, § 3; T.C.A., § 65-2903; Acts 1999, ch. 307, § 1.
Tenn. Code Ann. § 65-10-201 — TN Code / Title 65 / Chapter 10 / Section 65-10-201
Direct lien against railroad authorized
Status: in_force

Every subcontractor, laborer, materialman, or other person who performs any part of the work in grading any railroad company's roadway, or who constructs or aids in the construction or repairs of its culverts and bridges, or furnishes cross-ties or masonry or bridge timbers for the same, which is used in the building and construction of such railroad, its bridges and culverts, or who lays or aids in the laying of its track, building of its bridges, the erection of its depots, platforms, wood or water stations, section houses, machine shops, or other buildings, or for the delivery of material for any of these purposes, or for any engineering or superintendence, or who performs any valuable service, manual or professional, by which any such railroad company receives a benefit, all and every such person or persons at election shall have a direct lien on such railroad, its franchises and property, for the value of such work and labor done or material furnished or services rendered as set out and specified, in as full and ample a manner as is provided by § 65-10-101 , for persons contracting directly with such railroad company for any such work and labor done or for materials furnished. Acts 1891, ch. 98, § 1; Shan., § 3580; mod. Code 1932, § 8002; T.C.A. (orig. ed.), § 65-1011.
Every subcontractor, laborer, materialman, or other person who performs any part of the work in grading any railroad company's roadway, or who constructs or aids in the construction or repairs of its culverts and bridges, or furnishes cross-ties or masonry or bridge timbers for the same, which is used in the building and construction of such railroad, its bridges and culverts, or who lays or aids in the laying of its track, building of its bridges, the erection of its depots, platforms, wood or water stations, section houses, machine shops, or other buildings, or for the delivery of material for any of these purposes, or for any engineering or superintendence, or who performs any valuable service, manual or professional, by which any such railroad company receives a benefit, all and every such person or persons at election shall have a direct lien on such railroad, its franchises and property, for the value of such work and labor done or material furnished or services rendered as set out and specified, in as full and ample a manner as is provided by § 65-10-101 , for persons contracting directly with such railroad company for any such work and labor done or for materials furnished.
Acts 1891, ch. 98, § 1; Shan., § 3580; mod. Code 1932, § 8002; T.C.A. (orig. ed.), § 65-1011.
Tenn. Code Ann. § 65-20-102 — TN Code / Title 65 / Chapter 20 / Section 65-20-102
Refusal of or failure to receive goods
Status: in_force

(a) All common carriers, including express companies, doing business within this state, shall, after the receipt of freight or merchandise for delivery at their warehouse, depot, or station, notify the consignee, by written or printed notice, to be delivered to the consignee in person, at such consignee's place of business, if in the city or town where received; or, if not residing or doing business in the city or town, then through the post office, within three (3) days after the arrival of the goods. (b) Where nonperishable property which has been transported to destination is refused by the consignee or the party entitled to receive it or the consignee or party entitled to receive it fails to receive it within thirty (30) days after notice of arrival shall have been duly sent or given, the carrier may sell the same at public auction to the highest bidder at such place as may be designated by the carrier. (c) The carrier shall have first mailed, sent, or given to the consignor notice that the property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale if disposition be not arranged for, and shall have published notice containing a description of the property, the name of the party to whom consigned, or, if shipper's order notify, the name of the party to be notified, and the time and place of sale, once a week for two (2) successive weeks in a newspaper of general circulation at the place of sale or nearest place where such newspaper is published; provided, that thirty (30) days shall have elapsed before publication of notice of sale after the notice that the property was refused or remains unclaimed was mailed, sent, or given. (d) The proceeds of any sale made under subsection (b) shall be applied by the carrier to the payment of freight, demurrage, storage, and any other lawful charges and the expense of notice, advertisement, sale and other necessary expense and of caring for and maintaining the property, if proper care of the same requires special expense, and should there be a balance, it shall be paid to the owner of the property sold under this section. Acts 1870-1871, ch. 17, §§ 1, 2; Shan., §§ 3597-3600; Acts 1923, ch. 92, § 2; Code 1932, §§ 6685-6688; T.C.A. (orig. ed.), §§ 65-2004 -- 65-2007.
(a) All common carriers, including express companies, doing business within this state, shall, after the receipt of freight or merchandise for delivery at their warehouse, depot, or station, notify the consignee, by written or printed notice, to be delivered to the consignee in person, at such consignee's place of business, if in the city or town where received; or, if not residing or doing business in the city or town, then through the post office, within three (3) days after the arrival of the goods.
(b) Where nonperishable property which has been transported to destination is refused by the consignee or the party entitled to receive it or the consignee or party entitled to receive it fails to receive it within thirty (30) days after notice of arrival shall have been duly sent or given, the carrier may sell the same at public auction to the highest bidder at such place as may be designated by the carrier.
(c) The carrier shall have first mailed, sent, or given to the consignor notice that the property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale if disposition be not arranged for, and shall have published notice containing a description of the property, the name of the party to whom consigned, or, if shipper's order notify, the name of the party to be notified, and the time and place of sale, once a week for two (2) successive weeks in a newspaper of general circulation at the place of sale or nearest place where such newspaper is published; provided, that thirty (30) days shall have elapsed before publication of notice of sale after the notice that the property was refused or remains unclaimed was mailed, sent, or given.
(d) The proceeds of any sale made under subsection (b) shall be applied by the carrier to the payment of freight, demurrage, storage, and any other lawful charges and the expense of notice, advertisement, sale and other necessary expense and of caring for and maintaining the property, if proper care of the same requires special expense, and should there be a balance, it shall be paid to the owner of the property sold under this section.
Acts 1870-1871, ch. 17, §§ 1, 2; Shan., §§ 3597-3600; Acts 1923, ch. 92, § 2; Code 1932, §§ 6685-6688; T.C.A. (orig. ed.), §§ 65-2004 -- 65-2007.
Tenn. Code Ann. § 65-28-204 — TN Code / Title 65 / Chapter 28 / Section 65-28-204
Certificate of public convenience and necessity not required - Economic regulation
Status: in_force

No person desiring to construct or operate a facility for gathering, extracting, purifying, dehydrating, or otherwise treating landfill methane shall be required to obtain any certificate of public convenience and necessity for such construction or operation of such facility from the Tennessee public utility commission. Neither the rates and charges between the parties for construction and operation of any such facility, nor the sales price of any landfill methane produced or treated, shall be subject to economic regulation by the Tennessee public utility commission or any other agency of the state; provided, that the construction and operation of any facility for such operations shall be subject to all other applicable laws. Acts 2005, ch. 361, § 5.
No person desiring to construct or operate a facility for gathering, extracting, purifying, dehydrating, or otherwise treating landfill methane shall be required to obtain any certificate of public convenience and necessity for such construction or operation of such facility from the Tennessee public utility commission. Neither the rates and charges between the parties for construction and operation of any such facility, nor the sales price of any landfill methane produced or treated, shall be subject to economic regulation by the Tennessee public utility commission or any other agency of the state; provided, that the construction and operation of any facility for such operations shall be subject to all other applicable laws.
Acts 2005, ch. 361, § 5.
Tenn. Code Ann. § 65-28-105 — TN Code / Title 65 / Chapter 28 / Section 65-28-105
Safety standards
Status: in_force

All pipeline systems used in this state shall be constructed, operated and maintained in such a manner as to at all times be in compliance with the defined minimum safety standards and amendments thereto, as well as such additions and amendments as may be ordered by the commission from time to time. Acts 1970, ch. 558, § 2; T.C.A., § 65-2805; Acts 1995, ch. 305, § 36.
All pipeline systems used in this state shall be constructed, operated and maintained in such a manner as to at all times be in compliance with the defined minimum safety standards and amendments thereto, as well as such additions and amendments as may be ordered by the commission from time to time.
Acts 1970, ch. 558, § 2; T.C.A., § 65-2805; Acts 1995, ch. 305, § 36.
Tenn. Code Ann. § 65-17-103 — TN Code / Title 65 / Chapter 17 / Section 65-17-103
Reserved
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 825, s 1, eff. 4/24/2018. Added by 2017 Tenn. Acts, ch. 368, s 4, eff. 5/11/2017.
Repealed by 2018 Tenn. Acts, ch. 825, s 1, eff. 4/24/2018.
Added by 2017 Tenn. Acts, ch. 368, s 4, eff. 5/11/2017.
Tenn. Code Ann. § 65-30-101 — TN Code / Title 65 / Chapter 30 / Section 65-30-101
Short title
Status: in_force

This chapter shall be known, and may be cited, as the "State Radio Common Carrier Act." Amended by 2017 Tenn. Acts, ch. 94,s 63, eff. 4/4/2017. Acts 1972, ch. 641, § 1; T.C.A., § 65-3001.
This chapter shall be known, and may be cited, as the "State Radio Common Carrier Act."
Amended by 2017 Tenn. Acts, ch. 94,s 63, eff. 4/4/2017.
Acts 1972, ch. 641, § 1; T.C.A., § 65-3001.
Tenn. Code Ann. § 65-34-108 — TN Code / Title 65 / Chapter 34 / Section 65-34-108
Agreements among public electric systems - Legislative intent
Status: in_force

Two (2) or more public electric systems serving adjacent current geographic territories may enter into an agreement by which their current geographic territories are modified and by which equipment, facilities, and the right to serve specified parcels of land are transferred from one (1) public electric system to another. In negotiating and executing such an agreement, the general assembly hereby expresses its intent that public electric systems replace competition with the monopoly public service. Acts 1989, ch. 230, § 8.
Two (2) or more public electric systems serving adjacent current geographic territories may enter into an agreement by which their current geographic territories are modified and by which equipment, facilities, and the right to serve specified parcels of land are transferred from one (1) public electric system to another. In negotiating and executing such an agreement, the general assembly hereby expresses its intent that public electric systems replace competition with the monopoly public service.
Acts 1989, ch. 230, § 8.
Tenn. Code Ann. § 65-4-410 — TN Code / Title 65 / Chapter 4 / Section 65-4-410
Do Not Call Register
Status: in_force

(a) Residential telephone subscribers may enroll on the Tennessee Do Not Call Register in the manner prescribed by the commission. Enrollment shall take effect thirty (30) days following the first day of the succeeding month of enrollment by the subscriber. (b) State government telephone subscribers may enroll on the Tennessee Do Not Call Register in a manner prescribed by the commission; provided, that only the administrative head, or such person's designee, for each state department, agency, board, commission and other entity of the state, including the legislative branch and the judicial branch, may designate telephone numbers for such department, agency, board, commission or other entity of the state to be enrolled on the register. Enrollment shall take effect thirty (30) days following the first succeeding month of enrollment. Acts 2006, ch. 769, § 2; 2011, ch. 177, § 1.
(a) Residential telephone subscribers may enroll on the Tennessee Do Not Call Register in the manner prescribed by the commission. Enrollment shall take effect thirty (30) days following the first day of the succeeding month of enrollment by the subscriber.
(b) State government telephone subscribers may enroll on the Tennessee Do Not Call Register in a manner prescribed by the commission; provided, that only the administrative head, or such person's designee, for each state department, agency, board, commission and other entity of the state, including the legislative branch and the judicial branch, may designate telephone numbers for such department, agency, board, commission or other entity of the state to be enrolled on the register. Enrollment shall take effect thirty (30) days following the first succeeding month of enrollment.
Acts 2006, ch. 769, § 2; 2011, ch. 177, § 1.
Tenn. Code Ann. § 65-12-102 — TN Code / Title 65 / Chapter 12 / Section 65-12-102
Precautions required for prevention of accidents
Status: in_force

In order to prevent accidents upon railroads, the following precautions shall be observed: (1) The officials having jurisdiction over every public road crossed by a railroad shall place at each crossing a sign, marked as provided by § 65-11-105 . The county legislative body shall appropriate money to defray the expenses of the signs. The failure of any engine driver to blow the whistle or ring the bell at any public crossing so designated by either the railroad company or the public official shall constitute negligence with the effect and all as set forth in § 65-12-103 ; (2) On approaching every crossing so distinguished, the whistle or bell of the locomotive shall be sounded at the distance of one-fourth (¼) of a mile from the crossing, and at short intervals until the train has passed the crossing; (3) Every railroad company shall keep the engineer, fireman, or some other person upon the locomotive, always upon the lookout ahead; and when any person, animal, or other obstruction appears upon the road, the alarm whistle shall be sounded, the brakes put down, and every possible means employed to stop the train and prevent an accident; and (4) It is unlawful for any person operating a railroad to use road engines without having them equipped with an electric light placed on the rear of the engine, tank, or tender, which light shall be a bull's eye lens of not less than four inches (4") in diameter with a bulb of not less than sixty (60) watts power, so that such road engine can be operated with safety when backing and the light so placed shall be burning while any such engine may be used in any backing movement. Such lights shall be operated at night; and any person violating any of these provisions shall be fined the sum of not less than twenty-five dollars ($25.00), and not more than one hundred dollars ($100), for each offense.
In order to prevent accidents upon railroads, the following precautions shall be observed:
(1) The officials having jurisdiction over every public road crossed by a railroad shall place at each crossing a sign, marked as provided by § 65-11-105 . The county legislative body shall appropriate money to defray the expenses of the signs. The failure of any engine driver to blow the whistle or ring the bell at any public crossing so designated by either the railroad company or the public official shall constitute negligence with the effect and all as set forth in § 65-12-103 ;
(2) On approaching every crossing so distinguished, the whistle or bell of the locomotive shall be sounded at the distance of one-fourth (¼) of a mile from the crossing, and at short intervals until the train has passed the crossing;
(3) Every railroad company shall keep the engineer, fireman, or some other person upon the locomotive, always upon the lookout ahead; and when any person, animal, or other obstruction appears upon the road, the alarm whistle shall be sounded, the brakes put down, and every possible means employed to stop the train and prevent an accident; and
(4) It is unlawful for any person operating a railroad to use road engines without having them equipped with an electric light placed on the rear of the engine, tank, or tender, which light shall be a bull's eye lens of not less than four inches (4") in diameter with a bulb of not less than sixty (60) watts power, so that such road engine can be operated with safety when backing and the light so placed shall be burning while any such engine may be used in any backing movement. Such lights shall be operated at night; and any person violating any of these provisions shall be fined the sum of not less than twenty-five dollars ($25.00), and not more than one hundred dollars ($100), for each offense.
Tenn. Code Ann. § 65-3-111 — TN Code / Title 65 / Chapter 3 / Section 65-3-111
Refusal to obey process or testify - Penalty
Status: in_force

Any person who neglects or refuses to obey the process of subpoenas issued by the department of transportation or who, being in attendance, refuses to testify commits a Class C misdemeanor. Each refusal to obey the subpoena or to testify is a separate offense. Acts 1897, ch. 10, § 9; Shan., § 3059a28; Code 1932, § 5404; T.C.A. (orig. ed.), § 65-313; Acts 1989, ch. 591, § 113; 1995, ch. 305, § 10.
Any person who neglects or refuses to obey the process of subpoenas issued by the department of transportation or who, being in attendance, refuses to testify commits a Class C misdemeanor. Each refusal to obey the subpoena or to testify is a separate offense.
Acts 1897, ch. 10, § 9; Shan., § 3059a28; Code 1932, § 5404; T.C.A. (orig. ed.), § 65-313; Acts 1989, ch. 591, § 113; 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-5-113 — TN Code / Title 65 / Chapter 5 / Section 65-5-113
Assistance program for small and minority-owned businesses
Status: in_force

(a) The department of the treasury shall develop by rule an assistance program for small and minority-owned businesses, as defined in § 65-5-112 , which may include loans and loan guarantees, technical assistance and services, and consulting and educational services to be funded solely from the fund established in subsection (b). The department shall administer the small and minority-owned business assistance program. It is the legislative intent that such program be designed with consideration of fair distribution of program assistance among the geographic areas of the state, the grand divisions, and small and minority-owned businesses. It is the legislative intent that the department use the assistance provided by this program to support the department's outreach to new, expanding, and existing businesses in Tennessee that do not have reasonable access to capital markets and traditional commercial lending facilities. (b) There is established a general fund reserve to be allocated in accordance with the small and minority-owned business assistance program by this section which shall be known as the small and minority-owned business assistance program fund. Moneys from the fund may be expended in accordance with such program. Any moneys deposited in the fund shall remain in the reserve until expended for purposes consistent with such program and shall not revert to the general fund on any June 30. Any interest earned by deposits in the reserve shall not revert to the general fund on any June 30 but shall remain available for expenditure in subsequent fiscal years. (c) It is within the state treasurer's discretion to accept new applications to participate in the small and minority-owned business assistance program after July 1, 2013. After July 1, 2013, the program shall administer all loans that are outstanding as of July 1, 2013, until the loans are matured or written-off. After July 1, 2013, and notwithstanding subsection (b), a portion of the small and minority-owned business program funds shall be transferred to the board of trustees of the college savings trust fund program to be utilized in an incentive plan or plans authorized in § 49-7-805(4) , reserving such amounts that the state treasurer deems necessary for the administration of the small and minority-owned business program, as well as the administration and marketing of the incentive plan or plans. At least annually, the state treasurer shall evaluate the loan payments received by the small and minority-owned business assistance program and shall have the authority to transfer the funds from loan payments to the college savings trust fund program while reserving amounts for continued administration of the small and minority-owned business assistance program. Amended by 2017 Tenn. Acts, ch. 400, s 11, eff. 7/1/2017. Amended by 2013 Tenn. Acts, ch. 359, s 1, eff. 7/1/2013. Acts 1995, ch. 408, § 17; 1998, ch. 707, § 1; T.C.A. § 65-5-213; 2004, ch. 830, § 1.
(a) The department of the treasury shall develop by rule an assistance program for small and minority-owned businesses, as defined in § 65-5-112 , which may include loans and loan guarantees, technical assistance and services, and consulting and educational services to be funded solely from the fund established in subsection (b). The department shall administer the small and minority-owned business assistance program. It is the legislative intent that such program be designed with consideration of fair distribution of program assistance among the geographic areas of the state, the grand divisions, and small and minority-owned businesses. It is the legislative intent that the department use the assistance provided by this program to support the department's outreach to new, expanding, and existing businesses in Tennessee that do not have reasonable access to capital markets and traditional commercial lending facilities.
(b) There is established a general fund reserve to be allocated in accordance with the small and minority-owned business assistance program by this section which shall be known as the small and minority-owned business assistance program fund. Moneys from the fund may be expended in accordance with such program. Any moneys deposited in the fund shall remain in the reserve until expended for purposes consistent with such program and shall not revert to the general fund on any June 30. Any interest earned by deposits in the reserve shall not revert to the general fund on any June 30 but shall remain available for expenditure in subsequent fiscal years.
(c) It is within the state treasurer's discretion to accept new applications to participate in the small and minority-owned business assistance program after July 1, 2013. After July 1, 2013, the program shall administer all loans that are outstanding as of July 1, 2013, until the loans are matured or written-off. After July 1, 2013, and notwithstanding subsection (b), a portion of the small and minority-owned business program funds shall be transferred to the board of trustees of the college savings trust fund program to be utilized in an incentive plan or plans authorized in § 49-7-805(4) , reserving such amounts that the state treasurer deems necessary for the administration of the small and minority-owned business program, as well as the administration and marketing of the incentive plan or plans. At least annually, the state treasurer shall evaluate the loan payments received by the small and minority-owned business assistance program and shall have the authority to transfer the funds from loan payments to the college savings trust fund program while reserving amounts for continued administration of the small and minority-owned business assistance program.
Amended by 2017 Tenn. Acts, ch. 400, s 11, eff. 7/1/2017.
Amended by 2013 Tenn. Acts, ch. 359, s 1, eff. 7/1/2013.
Acts 1995, ch. 408, § 17; 1998, ch. 707, § 1; T.C.A. § 65-5-213; 2004, ch. 830, § 1.
Tenn. Code Ann. § 65-11-108 — TN Code / Title 65 / Chapter 11 / Section 65-11-108
Location and character of substituted crossing
Status: in_force

When any such grade crossing is ordered to be eliminated, the commissioner of transportation or the commissioner's designee shall determine the location of the crossing to be substituted and the grade thereof, and whether it shall pass over or under the railroad tracks; provided, that on appeal from any such order by the railroad company affected to the chancery court in the judicial district in which the new grade crossing would be located, such chancery court shall have the power to make any change in the order appealed from with regard to the location and grade of the crossing to be constructed which may appear to the court to be necessary to adequately protect the safety of passenger and freight traffic on the railroad; and provided, further, that the appeal must be made within thirty (30) days of the date the order appealed from is certified to the railroad company affected. Acts 1921, ch. 132, § 1; Shan. Supp., § 1582a3; mod. Code 1932, § 2639; impl. am. Acts 1955, ch. 69, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed), §65-1108; Acts 1995, ch. 305, § 26.
When any such grade crossing is ordered to be eliminated, the commissioner of transportation or the commissioner's designee shall determine the location of the crossing to be substituted and the grade thereof, and whether it shall pass over or under the railroad tracks; provided, that on appeal from any such order by the railroad company affected to the chancery court in the judicial district in which the new grade crossing would be located, such chancery court shall have the power to make any change in the order appealed from with regard to the location and grade of the crossing to be constructed which may appear to the court to be necessary to adequately protect the safety of passenger and freight traffic on the railroad; and provided, further, that the appeal must be made within thirty (30) days of the date the order appealed from is certified to the railroad company affected.
Acts 1921, ch. 132, § 1; Shan. Supp., § 1582a3; mod. Code 1932, § 2639; impl. am. Acts 1955, ch. 69, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; T.C.A. (orig. ed), §65-1108; Acts 1995, ch. 305, § 26.
Tenn. Code Ann. § 65-29-114 — TN Code / Title 65 / Chapter 29 / Section 65-29-114
Consolidation
Status: in_force

Any two (2) or more cooperatives, each of which is hereinafter designated a "consolidating cooperative," may consolidate into a new cooperative, hereinafter designated the "new cooperative," by complying with the following requirements: (1) The proposition for the consolidation of the consolidating cooperatives into the new cooperative and proposed articles of consolidation to give effect thereto shall be first approved by the board of directors of each consolidating cooperative. The proposed articles of consolidation shall recite in the caption that they are executed pursuant to this chapter, and shall state: (A) The name of each consolidating cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state; (B) The name of the new cooperative and the address of its principal office; (C) The names and addresses of the persons who shall constitute the first board of directors of the new cooperative; (D) The terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner and basis of converting memberships in each consolidating cooperative into memberships in the new cooperative and the issuance of certificates of membership in respect of such converted memberships; and (E) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the new cooperative; (2) The proposition for the consolidation of the consolidating cooperatives into the new cooperative and the proposed articles of consolidation approved by the board of directors of each consolidating cooperative shall then be submitted to a vote of the members thereof at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed consolidation. The proposed consolidation and the proposed articles of consolidation shall be deemed to be approved upon the affirmative vote of not less than two-thirds (2/3) of those members of each consolidating cooperative voting thereon at such meeting; (3) Upon such approval by the members of the respective consolidating cooperatives, articles of consolidation in the form approved shall be executed and acknowledged on behalf of each consolidating cooperative by its president or vice president and its seal shall be affixed thereto and attested by its secretary. The president or vice president of each consolidating cooperative executing such articles of consolidation shall also make and annex thereto an affidavit stating that this section was duly complied with by such cooperative. Acts 1961, ch. 330, § 13; T.C.A., §§ 65-2914.
Any two (2) or more cooperatives, each of which is hereinafter designated a "consolidating cooperative," may consolidate into a new cooperative, hereinafter designated the "new cooperative," by complying with the following requirements:
(1) The proposition for the consolidation of the consolidating cooperatives into the new cooperative and proposed articles of consolidation to give effect thereto shall be first approved by the board of directors of each consolidating cooperative. The proposed articles of consolidation shall recite in the caption that they are executed pursuant to this chapter, and shall state: (A) The name of each consolidating cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state; (B) The name of the new cooperative and the address of its principal office; (C) The names and addresses of the persons who shall constitute the first board of directors of the new cooperative; (D) The terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner and basis of converting memberships in each consolidating cooperative into memberships in the new cooperative and the issuance of certificates of membership in respect of such converted memberships; and (E) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the new cooperative;
(A) The name of each consolidating cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state;
(B) The name of the new cooperative and the address of its principal office;
(C) The names and addresses of the persons who shall constitute the first board of directors of the new cooperative;
(D) The terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner and basis of converting memberships in each consolidating cooperative into memberships in the new cooperative and the issuance of certificates of membership in respect of such converted memberships; and
(E) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the new cooperative;
(2) The proposition for the consolidation of the consolidating cooperatives into the new cooperative and the proposed articles of consolidation approved by the board of directors of each consolidating cooperative shall then be submitted to a vote of the members thereof at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed consolidation. The proposed consolidation and the proposed articles of consolidation shall be deemed to be approved upon the affirmative vote of not less than two-thirds (2/3) of those members of each consolidating cooperative voting thereon at such meeting;
(3) Upon such approval by the members of the respective consolidating cooperatives, articles of consolidation in the form approved shall be executed and acknowledged on behalf of each consolidating cooperative by its president or vice president and its seal shall be affixed thereto and attested by its secretary. The president or vice president of each consolidating cooperative executing such articles of consolidation shall also make and annex thereto an affidavit stating that this section was duly complied with by such cooperative.
Acts 1961, ch. 330, § 13; T.C.A., §§ 65-2914.
Tenn. Code Ann. § 65-25-129 — TN Code / Title 65 / Chapter 25 / Section 65-25-129
Exemption for utility districts
Status: in_force

Notwithstanding any provision contained in this chapter to the contrary, it is the specific intent of this chapter that all utility districts heretofore or hereafter created under the "Utility District Law of 1937," compiled in title 7, chapter 82, or any similar legislation, shall be specifically exempt from this chapter. Acts 1988, ch. 689, § 3; T.C.A. § 65-25-229 .
Notwithstanding any provision contained in this chapter to the contrary, it is the specific intent of this chapter that all utility districts heretofore or hereafter created under the "Utility District Law of 1937," compiled in title 7, chapter 82, or any similar legislation, shall be specifically exempt from this chapter.
Acts 1988, ch. 689, § 3; T.C.A. § 65-25-229 .
Tenn. Code Ann. § 65-32-104 — TN Code / Title 65 / Chapter 32 / Section 65-32-104
Policy governing discontinuation of service for nonpayment of service
Status: in_force

The utility governing body, in conjunction with the utility management team, shall establish a policy governing the discontinuation of service for nonpayment of service. The policy must be in compliance with service practice standards and best practices for similarly situated utilities. Amended by 2019 Tenn. Acts, ch. 237,s 1, eff. 7/1/2019. Amended by 2013 Tenn. Acts, ch. 373,s 1, eff. 7/1/2013. Acts 1978, ch. 871, § 3; T.C.A., § 65-3404.
The utility governing body, in conjunction with the utility management team, shall establish a policy governing the discontinuation of service for nonpayment of service. The policy must be in compliance with service practice standards and best practices for similarly situated utilities.
Amended by 2019 Tenn. Acts, ch. 237,s 1, eff. 7/1/2019.
Amended by 2013 Tenn. Acts, ch. 373,s 1, eff. 7/1/2013.
Acts 1978, ch. 871, § 3; T.C.A., § 65-3404.
Tenn. Code Ann. § 65-6-124 — TN Code / Title 65 / Chapter 6 / Section 65-6-124
Damage to forest growth in construction of railroads
Status: in_force

For all damages caused to forest growth by any person or construction company employed in the construction of any railroad to be built in this state, the person shall be primarily liable for the damage arising from such construction. Acts 1907, ch. 397, § 13; Shan., § 2883a75b15 (p. 7226); Code 1932, § 5243; T.C.A. (orig. ed.), § 65-635.
For all damages caused to forest growth by any person or construction company employed in the construction of any railroad to be built in this state, the person shall be primarily liable for the damage arising from such construction.
Acts 1907, ch. 397, § 13; Shan., § 2883a75b15 (p. 7226); Code 1932, § 5243; T.C.A. (orig. ed.), § 65-635.
Tenn. Code Ann. § 65-25-108 — TN Code / Title 65 / Chapter 25 / Section 65-25-108
Election of directors by districts
Status: in_force

(a) (1) Notwithstanding any other provision of this chapter, the bylaws may provide that the territory in which a cooperative furnishes service shall be divided into two (2) or more directorate districts for the purpose of: (A) Having nominated therefrom, at and by district meetings of the members thereof or by any other manner provided for in the bylaws, candidates for directors to be voted upon by the cooperative's members at-large; or (B) Both nominating and electing directors therefrom at and by district meetings of the members. (2) The composition of such districts shall have an equitable regard for the number of members served therein, other communities of interest and boundaries that are readily ascertainable. District descriptions need not be contained in the bylaws proper but may be incorporated therein by reference to maps, drawings or other descriptions which, at a cooperative's offices, are accessible to the members for inspection at all reasonable times. To be eligible for election and to serve as a district director, a person must be a member of the cooperative, must reside therein, must receive service from the cooperative, and, in the case of a cooperative having the primary purpose, must receive from the cooperative electric service therein at such person's primary residential abode. In addition to district directors, the bylaws may provide for one (1) or more directors at-large to be nominated in such manner as provided in the bylaws and to be voted upon by the members at-large. (b) (1) Except as to the minimum and maximum periods prior to a member meeting within which a district meeting shall be held and the notice and quorum requirements therefor, all of which shall be provided for in the bylaws, the board shall fix the date, time and place within a district for holding, and shall adopt the plans, procedures and manner for conducting, directorate district meetings. (2) (A) Except as provided in subdivision (b)(2)(B), the bylaws may provide that members may vote for the election of district directors by mail ballot at a directorate district meeting; provided, that the bylaws shall contain a description of the voting procedure, which procedure shall be designed to ensure the integrity of such district director election. (B) In any electric cooperative organized pursuant to this chapter, that, as reported in the June 30, 1998, TVA 4171 report, served between forty thousand eight hundred (40,800) and forty thousand nine hundred (40,900) customers, and had in service between four thousand fifteen (4,015) and four thousand twenty-five (4,025) miles of power line, no member may vote by mail ballot at a directorate district meeting. Acts 1988, ch. 689, § 2; 2000, ch. 746, § 1; T.C.A. § 65-25-202 .
(a) (1) Notwithstanding any other provision of this chapter, the bylaws may provide that the territory in which a cooperative furnishes service shall be divided into two (2) or more directorate districts for the purpose of: (A) Having nominated therefrom, at and by district meetings of the members thereof or by any other manner provided for in the bylaws, candidates for directors to be voted upon by the cooperative's members at-large; or (B) Both nominating and electing directors therefrom at and by district meetings of the members. (2) The composition of such districts shall have an equitable regard for the number of members served therein, other communities of interest and boundaries that are readily ascertainable. District descriptions need not be contained in the bylaws proper but may be incorporated therein by reference to maps, drawings or other descriptions which, at a cooperative's offices, are accessible to the members for inspection at all reasonable times. To be eligible for election and to serve as a district director, a person must be a member of the cooperative, must reside therein, must receive service from the cooperative, and, in the case of a cooperative having the primary purpose, must receive from the cooperative electric service therein at such person's primary residential abode. In addition to district directors, the bylaws may provide for one (1) or more directors at-large to be nominated in such manner as provided in the bylaws and to be voted upon by the members at-large.
(1) Notwithstanding any other provision of this chapter, the bylaws may provide that the territory in which a cooperative furnishes service shall be divided into two (2) or more directorate districts for the purpose of: (A) Having nominated therefrom, at and by district meetings of the members thereof or by any other manner provided for in the bylaws, candidates for directors to be voted upon by the cooperative's members at-large; or (B) Both nominating and electing directors therefrom at and by district meetings of the members.
(A) Having nominated therefrom, at and by district meetings of the members thereof or by any other manner provided for in the bylaws, candidates for directors to be voted upon by the cooperative's members at-large; or
(B) Both nominating and electing directors therefrom at and by district meetings of the members.
(2) The composition of such districts shall have an equitable regard for the number of members served therein, other communities of interest and boundaries that are readily ascertainable. District descriptions need not be contained in the bylaws proper but may be incorporated therein by reference to maps, drawings or other descriptions which, at a cooperative's offices, are accessible to the members for inspection at all reasonable times. To be eligible for election and to serve as a district director, a person must be a member of the cooperative, must reside therein, must receive service from the cooperative, and, in the case of a cooperative having the primary purpose, must receive from the cooperative electric service therein at such person's primary residential abode. In addition to district directors, the bylaws may provide for one (1) or more directors at-large to be nominated in such manner as provided in the bylaws and to be voted upon by the members at-large.
(b) (1) Except as to the minimum and maximum periods prior to a member meeting within which a district meeting shall be held and the notice and quorum requirements therefor, all of which shall be provided for in the bylaws, the board shall fix the date, time and place within a district for holding, and shall adopt the plans, procedures and manner for conducting, directorate district meetings. (2) (A) Except as provided in subdivision (b)(2)(B), the bylaws may provide that members may vote for the election of district directors by mail ballot at a directorate district meeting; provided, that the bylaws shall contain a description of the voting procedure, which procedure shall be designed to ensure the integrity of such district director election. (B) In any electric cooperative organized pursuant to this chapter, that, as reported in the June 30, 1998, TVA 4171 report, served between forty thousand eight hundred (40,800) and forty thousand nine hundred (40,900) customers, and had in service between four thousand fifteen (4,015) and four thousand twenty-five (4,025) miles of power line, no member may vote by mail ballot at a directorate district meeting.
(1) Except as to the minimum and maximum periods prior to a member meeting within which a district meeting shall be held and the notice and quorum requirements therefor, all of which shall be provided for in the bylaws, the board shall fix the date, time and place within a district for holding, and shall adopt the plans, procedures and manner for conducting, directorate district meetings.
(2) (A) Except as provided in subdivision (b)(2)(B), the bylaws may provide that members may vote for the election of district directors by mail ballot at a directorate district meeting; provided, that the bylaws shall contain a description of the voting procedure, which procedure shall be designed to ensure the integrity of such district director election. (B) In any electric cooperative organized pursuant to this chapter, that, as reported in the June 30, 1998, TVA 4171 report, served between forty thousand eight hundred (40,800) and forty thousand nine hundred (40,900) customers, and had in service between four thousand fifteen (4,015) and four thousand twenty-five (4,025) miles of power line, no member may vote by mail ballot at a directorate district meeting.
(A) Except as provided in subdivision (b)(2)(B), the bylaws may provide that members may vote for the election of district directors by mail ballot at a directorate district meeting; provided, that the bylaws shall contain a description of the voting procedure, which procedure shall be designed to ensure the integrity of such district director election.
(B) In any electric cooperative organized pursuant to this chapter, that, as reported in the June 30, 1998, TVA 4171 report, served between forty thousand eight hundred (40,800) and forty thousand nine hundred (40,900) customers, and had in service between four thousand fifteen (4,015) and four thousand twenty-five (4,025) miles of power line, no member may vote by mail ballot at a directorate district meeting.
Acts 1988, ch. 689, § 2; 2000, ch. 746, § 1; T.C.A. § 65-25-202 .
Tenn. Code Ann. § 65-6-105 — TN Code / Title 65 / Chapter 6 / Section 65-6-105
Adoption of electricity for motive power
Status: in_force

Any company authorized to operate a railroad by steam is empowered to adopt electricity as its motive power, whether such railroad be wholly or only partly in the state. Acts 1903, ch. 59, § 1; Shan., § 2425a1; Code 1932, § 4010; T.C.A. (orig. ed.), § 65-605.
Any company authorized to operate a railroad by steam is empowered to adopt electricity as its motive power, whether such railroad be wholly or only partly in the state.
Acts 1903, ch. 59, § 1; Shan., § 2425a1; Code 1932, § 4010; T.C.A. (orig. ed.), § 65-605.
Tenn. Code Ann. § 65-17-108 — TN Code / Title 65 / Chapter 17 / Section 65-17-108
Information subject to disclosure
Status: in_force

All permit applications and other documents received by a local legislative body pursuant to this chapter, and any documents used by the local legislative body to evaluate the permit application, shall be subject to disclosure under § 10-7-503 ; except, that at all times under this chapter, proprietary information contained in a permit application or in other documents received by the local government pursuant to this chapter, or in any other documents used by the local government to evaluate and approve or deny the permit applications, shall remain confidential and not subject to disclosure to the public pursuant to this section, § 10-7-503 , or any other law. Acts 2018, ch. 825, § 8.
All permit applications and other documents received by a local legislative body pursuant to this chapter, and any documents used by the local legislative body to evaluate the permit application, shall be subject to disclosure under § 10-7-503 ; except, that at all times under this chapter, proprietary information contained in a permit application or in other documents received by the local government pursuant to this chapter, or in any other documents used by the local government to evaluate and approve or deny the permit applications, shall remain confidential and not subject to disclosure to the public pursuant to this section, § 10-7-503 , or any other law.
Acts 2018, ch. 825, § 8.
Tenn. Code Ann. § 65-8-104 — TN Code / Title 65 / Chapter 8 / Section 65-8-104
Authority to purchase under judicial sale
Status: in_force

Any railroad corporation which has been created, or whose corporate existence has been recognized, by any act of the general assembly, is empowered to become a purchaser of any railroad sold in this or any adjoining state under any judicial proceeding in such state, or sold by any person who may have purchased or derived title under or from any such judicial sale. Acts 1877, ch. 20, § 1; Shan., § 1511; Code 1932, § 2583; T.C.A. (orig. ed.), § 65-804.
Any railroad corporation which has been created, or whose corporate existence has been recognized, by any act of the general assembly, is empowered to become a purchaser of any railroad sold in this or any adjoining state under any judicial proceeding in such state, or sold by any person who may have purchased or derived title under or from any such judicial sale.
Acts 1877, ch. 20, § 1; Shan., § 1511; Code 1932, § 2583; T.C.A. (orig. ed.), § 65-804.
Tenn. Code Ann. § 65-7-110 — TN Code / Title 65 / Chapter 7 / Section 65-7-110
Action on return of commission
Status: in_force

It is the duty of the county legislative body, or governing body of such city or town, as the case may be, to convene on the call of its presiding officer, for the purpose of acting on the return of the county election commission, within ten (10) days after such election; and if it appears that the same was, in all respects, fair, and that three-fourths (¾) of the legal votes cast at such election were in favor of subscription, then it shall have full power, and shall proceed, to make and execute all necessary orders, and take such action as may be required to make the subscription effective according to the terms thereof and these provisions. Acts 1887, ch. 3, § 9; impl. am. Acts 1907, ch. 436, § 1; Shan., §1567; Code 1932, § 2621; impl. am. Acts 1972, ch. 740, §7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-710.
It is the duty of the county legislative body, or governing body of such city or town, as the case may be, to convene on the call of its presiding officer, for the purpose of acting on the return of the county election commission, within ten (10) days after such election; and if it appears that the same was, in all respects, fair, and that three-fourths (¾) of the legal votes cast at such election were in favor of subscription, then it shall have full power, and shall proceed, to make and execute all necessary orders, and take such action as may be required to make the subscription effective according to the terms thereof and these provisions.
Acts 1887, ch. 3, § 9; impl. am. Acts 1907, ch. 436, § 1; Shan., §1567; Code 1932, § 2621; impl. am. Acts 1972, ch. 740, §7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-710.
Tenn. Code Ann. § 65-31-109 — TN Code / Title 65 / Chapter 31 / Section 65-31-109
Emergency excavation or demolition
Status: in_force

(a) Compliance with the notice requirements of § 65-31-106 is not required of a person responsible for emergency excavation or demolition if such person gives, as soon as practicable, sufficient written, telephonic, or electronic notice of the emergency excavation or demolition to each operator having underground utilities located in the area or to the one-call service that serves an operator where such excavation or demolition is to be performed and requests emergency assistance from each operator so identified in locating and providing immediate protection to the operator's underground utilities. (b) An excavator providing a misrepresentation of an emergency relative to a notice of excavation or demolition as stated in subsection (a) is subject to civil penalties under § 65-31-112 . (c) For the purposes of this section, repair or replacement of an existing traffic control device at its existing location and existing depth is considered an emergency, and compliance with the notice requirements of this section and § 65-31-106 is not required of any local or state government responding to the emergency repair or replacement of a traffic control device. Amended by 2024 Tenn. Acts, ch. 628,s 6, eff. 7/1/2024. Amended by 2015 Tenn. Acts, ch. 488, s 4, eff. 5/20/2015. Acts 1978, ch. 692, § 9; T.C.A., § 65-3209; Acts 1993, ch. 223, § 15; 1999, ch. 73, § 5.
(a) Compliance with the notice requirements of § 65-31-106 is not required of a person responsible for emergency excavation or demolition if such person gives, as soon as practicable, sufficient written, telephonic, or electronic notice of the emergency excavation or demolition to each operator having underground utilities located in the area or to the one-call service that serves an operator where such excavation or demolition is to be performed and requests emergency assistance from each operator so identified in locating and providing immediate protection to the operator's underground utilities.
(b) An excavator providing a misrepresentation of an emergency relative to a notice of excavation or demolition as stated in subsection (a) is subject to civil penalties under § 65-31-112 .
(c) For the purposes of this section, repair or replacement of an existing traffic control device at its existing location and existing depth is considered an emergency, and compliance with the notice requirements of this section and § 65-31-106 is not required of any local or state government responding to the emergency repair or replacement of a traffic control device.
Amended by 2024 Tenn. Acts, ch. 628,s 6, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 488, s 4, eff. 5/20/2015.
Acts 1978, ch. 692, § 9; T.C.A., § 65-3209; Acts 1993, ch. 223, § 15; 1999, ch. 73, § 5.
Tenn. Code Ann. § 65-29-127 — TN Code / Title 65 / Chapter 29 / Section 65-29-127
Acknowledgments by officers, directors or members
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 an officer, director, or member of such cooperative. Acts 1961, ch. 330, § 26; T.C.A., § 65-2927.
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 an officer, director, or member of such cooperative.
Acts 1961, ch. 330, § 26; T.C.A., § 65-2927.
Tenn. Code Ann. § 65-4-505 — TN Code / Title 65 / Chapter 4 / Section 65-4-505
Remedies - Construction
Status: in_force

(a) This part shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law. (b) This part shall not be construed to restrict or apply to communications to and from citizens and their elected representatives. Acts 2003, ch. 15, § 1.
(a) This part shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
(b) This part shall not be construed to restrict or apply to communications to and from citizens and their elected representatives.
Acts 2003, ch. 15, § 1.
Tenn. Code Ann. § 65-10-104 — TN Code / Title 65 / Chapter 10 / Section 65-10-104
Pleadings
Status: in_force

The pleading of the plaintiff or complainant shall set out, with reasonable certainty, the work done or the materials furnished, the amount of indebtedness claimed therefor, and the nature and the substance of the contract, and such suit shall be docketed and conducted as other suits in the court. Acts 1883, ch. 220, § 2; Shan., § 3573; mod. Code 1932, § 7995; T.C.A. (orig. ed.), § 65-1004.
The pleading of the plaintiff or complainant shall set out, with reasonable certainty, the work done or the materials furnished, the amount of indebtedness claimed therefor, and the nature and the substance of the contract, and such suit shall be docketed and conducted as other suits in the court.
Acts 1883, ch. 220, § 2; Shan., § 3573; mod. Code 1932, § 7995; T.C.A. (orig. ed.), § 65-1004.
Tenn. Code Ann. § 65-2-119 — TN Code / Title 65 / Chapter 2 / Section 65-2-119
Proceedings upon granting of petition for rehearing
Status: in_force

Upon the granting of a petition for rehearing by the commission, the commission shall set the matter for rehearing as soon as practicable. In disposing of matters on rehearing, the commission shall have all the powers and shall follow the procedures of the chancery courts with reference to the disposition of rehearings in such courts, except as otherwise provided in this chapter. Acts 1953, ch. 162, § 18 (Williams, § 5501.41); T.C.A. (orig. ed.), § 65-219; Acts 1995, ch. 305, § 9.
Upon the granting of a petition for rehearing by the commission, the commission shall set the matter for rehearing as soon as practicable. In disposing of matters on rehearing, the commission shall have all the powers and shall follow the procedures of the chancery courts with reference to the disposition of rehearings in such courts, except as otherwise provided in this chapter.
Acts 1953, ch. 162, § 18 (Williams, § 5501.41); T.C.A. (orig. ed.), § 65-219; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-2-110 — TN Code / Title 65 / Chapter 2 / Section 65-2-110
Commission reporter - Preparation of official record
Status: in_force

The commission is authorized and directed to employ a competent court reporter or stenographer, whose salary shall be paid out of the general appropriations for the commission, and whose duties shall be to attend all sessions of the commission, to take down and transcribe all testimony offered in contested cases, to prepare the official record of all contested cases, which record shall include all petitions, applications, testimony, exhibits and such other matters as required by law or as the commission may direct, and to perform such other duties as the commission may direct; provided, that the commission may, in its discretion, direct the reporter not to transcribe particular proceedings if it appears that no such transcript is necessary; and provided further, that any party to a contested case may obtain copies of the transcript of testimony made by the commission's reporter upon the payment to the commission of the cost of same at such rate as the commission may determine. Amended by 2017 Tenn. Acts, ch. 94,s 49, eff. 4/4/2017. Acts 1953, ch. 162, § 9 (Williams, § 5501.32); T.C.A. (orig. ed.), § 65-210; Acts 1995, ch. 305, § 9.
The commission is authorized and directed to employ a competent court reporter or stenographer, whose salary shall be paid out of the general appropriations for the commission, and whose duties shall be to attend all sessions of the commission, to take down and transcribe all testimony offered in contested cases, to prepare the official record of all contested cases, which record shall include all petitions, applications, testimony, exhibits and such other matters as required by law or as the commission may direct, and to perform such other duties as the commission may direct; provided, that the commission may, in its discretion, direct the reporter not to transcribe particular proceedings if it appears that no such transcript is necessary; and provided further, that any party to a contested case may obtain copies of the transcript of testimony made by the commission's reporter upon the payment to the commission of the cost of same at such rate as the commission may determine.
Amended by 2017 Tenn. Acts, ch. 94,s 49, eff. 4/4/2017.
Acts 1953, ch. 162, § 9 (Williams, § 5501.32); T.C.A. (orig. ed.), § 65-210; Acts 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-4-122 — TN Code / Title 65 / Chapter 4 / Section 65-4-122
Discriminatory charges - Reasonableness of rates - Unreasonable preferences - Penalties
Status: in_force

(a) If any common carrier or public service company, directly or indirectly, by any special rate, rebate, drawback, or other device, charges, demands, collects, or receives from any person a greater or less compensation for any service within this state than it charges, demands, collects, or receives from any other person for service of a like kind under substantially like circumstances and conditions, and if such common carrier or such other public service company makes any preference between the parties aforementioned, such common carrier or other public service company commits unjust discrimination, which is prohibited and declared unlawful. (b) Any such corporation which charges, collects, or receives more than a just and reasonable rate of toll or compensation for service in this state commits extortion, which is prohibited and declared unlawful. (c) It is unlawful for any such corporation to make or give an undue or unreasonable preference or advantage to any particular person or locality, or any particular description of traffic or service, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic or service to any undue or unreasonable prejudice or disadvantage. (d) Any such corporation that shall be guilty of extortion or unjust discrimination, or of giving to any person or locality, or to any description of traffic an undue or unreasonable preference or advantage, shall be fined in any sum not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000). (e) An action may be brought by any person against any person or corporation, owning or operating such public service company in Tennessee, for the violation of this section, before any court having jurisdiction to try the same. Acts 1995, ch. 305, § 137.
(a) If any common carrier or public service company, directly or indirectly, by any special rate, rebate, drawback, or other device, charges, demands, collects, or receives from any person a greater or less compensation for any service within this state than it charges, demands, collects, or receives from any other person for service of a like kind under substantially like circumstances and conditions, and if such common carrier or such other public service company makes any preference between the parties aforementioned, such common carrier or other public service company commits unjust discrimination, which is prohibited and declared unlawful.
(b) Any such corporation which charges, collects, or receives more than a just and reasonable rate of toll or compensation for service in this state commits extortion, which is prohibited and declared unlawful.
(c) It is unlawful for any such corporation to make or give an undue or unreasonable preference or advantage to any particular person or locality, or any particular description of traffic or service, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic or service to any undue or unreasonable prejudice or disadvantage.
(d) Any such corporation that shall be guilty of extortion or unjust discrimination, or of giving to any person or locality, or to any description of traffic an undue or unreasonable preference or advantage, shall be fined in any sum not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000).
(e) An action may be brought by any person against any person or corporation, owning or operating such public service company in Tennessee, for the violation of this section, before any court having jurisdiction to try the same.
Acts 1995, ch. 305, § 137.
Tenn. Code Ann. § 65-15-202 — TN Code / Title 65 / Chapter 15 / Section 65-15-202
Effect of valid safety sticker
Status: in_force

In enforcing its jurisdiction under this part, the department shall give appropriate consideration to vehicles marked with a valid safety sticker in accordance with the guidelines set forth by the Commercial Vehicle Safety Alliance in its Memorandum of Understanding dated July 10, 1985, and subsequent amendments to such Memorandum of Understanding. Acts 1986, ch. 748, § 8; 1995, ch. 305, § 30.
In enforcing its jurisdiction under this part, the department shall give appropriate consideration to vehicles marked with a valid safety sticker in accordance with the guidelines set forth by the Commercial Vehicle Safety Alliance in its Memorandum of Understanding dated July 10, 1985, and subsequent amendments to such Memorandum of Understanding.
Acts 1986, ch. 748, § 8; 1995, ch. 305, § 30.
Tenn. Code Ann. § 65-1-103 — TN Code / Title 65 / Chapter 1 / Section 65-1-103
Meetings
Status: in_force

(a) The commissioners shall convene regular monthly meetings and shall remain in session until all business before them is disposed of, and shall hold other sessions at such times and places as may be necessary for the proper discharge of their duties. If the business of the commission does not require a monthly meeting, a majority of the commissioners may waive the requirement of a meeting. (b) All decisions of the Tennessee public utility commission pertaining to dispositions to or from any deferred revenue account shall be made in a public meeting of the commission. The attorney general and reporter and any other interested party shall be given adequate notice of the meeting and shall be given the opportunity to present oral and written testimony. As used in this section, "deferred revenue account" means any account created for the excess earnings from utilities regulated by the Tennessee public utility commission. Acts 1995, ch. 305, § 5; T.C.A. § 65-1-203; 2012, ch. 1070, § 2.
(a) The commissioners shall convene regular monthly meetings and shall remain in session until all business before them is disposed of, and shall hold other sessions at such times and places as may be necessary for the proper discharge of their duties. If the business of the commission does not require a monthly meeting, a majority of the commissioners may waive the requirement of a meeting.
(b) All decisions of the Tennessee public utility commission pertaining to dispositions to or from any deferred revenue account shall be made in a public meeting of the commission. The attorney general and reporter and any other interested party shall be given adequate notice of the meeting and shall be given the opportunity to present oral and written testimony. As used in this section, "deferred revenue account" means any account created for the excess earnings from utilities regulated by the Tennessee public utility commission.
Acts 1995, ch. 305, § 5; T.C.A. § 65-1-203; 2012, ch. 1070, § 2.
Tenn. Code Ann. § 65-19-102 — TN Code / Title 65 / Chapter 19 / Section 65-19-102
Permit from city or town required
Status: in_force

It is unlawful for any such common carrier to use or occupy any street, alley or other public place in any incorporated city or town, without first obtaining from such city or town a permit or license by ordinance giving the right to so use or occupy such public place, such permit or license to embody such routes, terms and conditions as such city or town may elect to impose; provided, that no such permit or license shall be granted which does not require the execution and filing of a bond as provided for in § 65-19-103 . Acts 1915, ch. 60, § 2; Shan., § 3079a200; Code 1932, § 5534; T.C.A. (orig. ed.), § 65-1902.
It is unlawful for any such common carrier to use or occupy any street, alley or other public place in any incorporated city or town, without first obtaining from such city or town a permit or license by ordinance giving the right to so use or occupy such public place, such permit or license to embody such routes, terms and conditions as such city or town may elect to impose; provided, that no such permit or license shall be granted which does not require the execution and filing of a bond as provided for in § 65-19-103 .
Acts 1915, ch. 60, § 2; Shan., § 3079a200; Code 1932, § 5534; T.C.A. (orig. ed.), § 65-1902.
Tenn. Code Ann. § 65-6-205 — TN Code / Title 65 / Chapter 6 / Section 65-6-205
Minimum distance between track
Status: in_force

(a) The minimum distance between the center lines of parallel standard gauge tracks shall be fourteen feet (14') except as provided in this section. (b) The center line of any standard gauge ladder track, constructed parallel to any other adjacent track, shall have a clearance of not less than eighteen feet (18') from the center line of such other track. (c) The minimum distance between the center lines of parallel team, house and industry tracks shall be thirteen feet (13'). (d) Tracks constructed prior to April 13, 1949, may be maintained at such clearance as was lawful at the time of construction. Acts 1949, ch. 178, § 5; C. Supp. 1950, § 2670.5; T.C.A. (orig. ed.), § 65-627.
(a) The minimum distance between the center lines of parallel standard gauge tracks shall be fourteen feet (14') except as provided in this section.
(b) The center line of any standard gauge ladder track, constructed parallel to any other adjacent track, shall have a clearance of not less than eighteen feet (18') from the center line of such other track.
(c) The minimum distance between the center lines of parallel team, house and industry tracks shall be thirteen feet (13').
(d) Tracks constructed prior to April 13, 1949, may be maintained at such clearance as was lawful at the time of construction.
Acts 1949, ch. 178, § 5; C. Supp. 1950, § 2670.5; T.C.A. (orig. ed.), § 65-627.
Tenn. Code Ann. § 65-5-402 — TN Code / Title 65 / Chapter 5 / Section 65-5-402
Description of costs relative to rates, fees, charges, or estimates
Status: in_force

(a) Upon request or application for a connection of utility service by a customer, a utility system shall promptly provide the customer the connection cost. (b) A customer may request the utility system provide the customer connection cost in writing along with a written itemized and detailed description of the costs that comprise the connection cost. Upon receipt of a request, the utility system shall promptly provide the customer the connection cost in writing along with a written itemized and detailed description of the costs that comprise the connection cost. (c) If a utility cannot promptly provide to the customer the connection cost, the connection cost in writing, or a written itemized and detailed description of the costs that comprise the connection cost, then the utility shall within fourteen (14) days from completion of the approved design: (1) Provide to the customer in writing the connection cost and a written itemized and detailed description of the costs that comprise the connection cost; (2) Provide to the customer in writing the time reasonably necessary to calculate or determine the connection cost or to provide a written itemized and detailed description of the connection cost; or (3) Request from the customer information necessary to calculate or determine the connection cost and to provide a written itemized and detailed description to the customer as soon as practicable. (d) To aid a customer, a utility may provide the customer a verbal or unofficial initial approximation of the connection cost. However, an approximation is not considered an attempt to comply with subsections (a)-(c). Added by 2022 Tenn. Acts, ch. 1129, s 1, eff. 7/1/2022.
(a) Upon request or application for a connection of utility service by a customer, a utility system shall promptly provide the customer the connection cost.
(b) A customer may request the utility system provide the customer connection cost in writing along with a written itemized and detailed description of the costs that comprise the connection cost. Upon receipt of a request, the utility system shall promptly provide the customer the connection cost in writing along with a written itemized and detailed description of the costs that comprise the connection cost.
(c) If a utility cannot promptly provide to the customer the connection cost, the connection cost in writing, or a written itemized and detailed description of the costs that comprise the connection cost, then the utility shall within fourteen (14) days from completion of the approved design: (1) Provide to the customer in writing the connection cost and a written itemized and detailed description of the costs that comprise the connection cost; (2) Provide to the customer in writing the time reasonably necessary to calculate or determine the connection cost or to provide a written itemized and detailed description of the connection cost; or (3) Request from the customer information necessary to calculate or determine the connection cost and to provide a written itemized and detailed description to the customer as soon as practicable.
(1) Provide to the customer in writing the connection cost and a written itemized and detailed description of the costs that comprise the connection cost;
(2) Provide to the customer in writing the time reasonably necessary to calculate or determine the connection cost or to provide a written itemized and detailed description of the connection cost; or
(3) Request from the customer information necessary to calculate or determine the connection cost and to provide a written itemized and detailed description to the customer as soon as practicable.
(d) To aid a customer, a utility may provide the customer a verbal or unofficial initial approximation of the connection cost. However, an approximation is not considered an attempt to comply with subsections (a)-(c).
Added by 2022 Tenn. Acts, ch. 1129, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 65-36-105 — TN Code / Title 65 / Chapter 36 / Section 65-36-105
Use of surplus funds
Status: in_force

Every municipal electric utility and every electric cooperative are hereby authorized to use surplus revenues in connection with the exercise of any power or authority they may exercise under any law; provided, that the exercise of that power or authority is not a violation of the terms and conditions of a wholesale power contract between the Tennessee Valley authority and the respective municipal electric utility or electric cooperative and is not a violation of or otherwise prohibited by the terms and conditions of any covenants in any outstanding revenue bonds of the municipal electric utility or loan covenant of the electric cooperative, as may be applicable. Acts 1997, ch. 520, § 5.
Every municipal electric utility and every electric cooperative are hereby authorized to use surplus revenues in connection with the exercise of any power or authority they may exercise under any law; provided, that the exercise of that power or authority is not a violation of the terms and conditions of a wholesale power contract between the Tennessee Valley authority and the respective municipal electric utility or electric cooperative and is not a violation of or otherwise prohibited by the terms and conditions of any covenants in any outstanding revenue bonds of the municipal electric utility or loan covenant of the electric cooperative, as may be applicable.
Acts 1997, ch. 520, § 5.
Tenn. Code Ann. § 65-30-102 — TN Code / Title 65 / Chapter 30 / Section 65-30-102
Declaration of public policy
Status: in_force

Upon investigation, the general assembly has determined that the rates, services and operations of radio common carriers are affected with a public interest, and it is hereby declared to be the policy of this state to provide fair regulation of such carriers in the interest of the public, to promote adequate, economical and efficient radio common carrier service to citizens and residents of this state; to provide just and reasonable rates and charges for radio common carrier services without unjust discrimination, undue preferences or advantages, or unfair or destructive competitive practices; to encourage and promote harmony between radio common carriers and their subscribers; to cooperate with other states and with the federal government in promoting and coordinating efforts to effectively regulate radio common carriers in the public interest; and to these ends, to vest authority in the Tennessee public utility commission to regulate radio common carriers generally and their rates, services and operations, in the manner and in accordance with the policies set forth in this chapter. 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, § 2; T.C.A., § 65-3002; Acts 1995, ch. 305, § 40.
Upon investigation, the general assembly has determined that the rates, services and operations of radio common carriers are affected with a public interest, and it is hereby declared to be the policy of this state to provide fair regulation of such carriers in the interest of the public, to promote adequate, economical and efficient radio common carrier service to citizens and residents of this state; to provide just and reasonable rates and charges for radio common carrier services without unjust discrimination, undue preferences or advantages, or unfair or destructive competitive practices; to encourage and promote harmony between radio common carriers and their subscribers; to cooperate with other states and with the federal government in promoting and coordinating efforts to effectively regulate radio common carriers in the public interest; and to these ends, to vest authority in the Tennessee public utility commission to regulate radio common carriers generally and their rates, services and operations, in the manner and in accordance with the policies set forth in this chapter. 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, § 2; T.C.A., § 65-3002; Acts 1995, ch. 305, § 40.
Tenn. Code Ann. § 65-5-403 — TN Code / Title 65 / Chapter 5 / Section 65-5-403
Violations
Status: in_force

(a) If a utility: (1) As defined in § 65-5-401(2)(A) , fails to comply with § 65-5-402 , then the Tennessee board of utility regulation shall order reasonable sanctions against the utility; (2) As described in § 65-5-401(2)(B) or (2)(D) , fails to comply with § 65-5-402 , then the comptroller of the treasury, or the comptroller's designee, shall order reasonable sanctions against the utility; and (3) As described in § 65-5-401(C) , fails to comply with § 65-5-402 , then the Tennessee public utility commission shall order reasonable sanctions against the utility. (b) A utility may receive sanctions from only one (1) of the entities listed in subsection (a) that is authorized to order sanctions. Amended by 2023 Tenn. Acts, ch. 463, s 29, eff. 7/1/2023. Added by 2022 Tenn. Acts, ch. 1129, s 1, eff. 7/1/2022.
(a) If a utility: (1) As defined in § 65-5-401(2)(A) , fails to comply with § 65-5-402 , then the Tennessee board of utility regulation shall order reasonable sanctions against the utility; (2) As described in § 65-5-401(2)(B) or (2)(D) , fails to comply with § 65-5-402 , then the comptroller of the treasury, or the comptroller's designee, shall order reasonable sanctions against the utility; and (3) As described in § 65-5-401(C) , fails to comply with § 65-5-402 , then the Tennessee public utility commission shall order reasonable sanctions against the utility.
(1) As defined in § 65-5-401(2)(A) , fails to comply with § 65-5-402 , then the Tennessee board of utility regulation shall order reasonable sanctions against the utility;
(2) As described in § 65-5-401(2)(B) or (2)(D) , fails to comply with § 65-5-402 , then the comptroller of the treasury, or the comptroller's designee, shall order reasonable sanctions against the utility; and
(3) As described in § 65-5-401(C) , fails to comply with § 65-5-402 , then the Tennessee public utility commission shall order reasonable sanctions against the utility.
(b) A utility may receive sanctions from only one (1) of the entities listed in subsection (a) that is authorized to order sanctions.
Amended by 2023 Tenn. Acts, ch. 463, s 29, eff. 7/1/2023.
Added by 2022 Tenn. Acts, ch. 1129, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 65-6-303 — TN Code / Title 65 / Chapter 6 / Section 65-6-303
Penalty for noncompliance
Status: in_force

Any railroad company neglecting or refusing to comply with this part shall be liable for all damages sustained by anyone by reason of such neglect or refusal; and, in order for the injured party to recover all damages such person sustained, it shall be only necessary for such person to prove such neglect or refusal, and the amount of such damages; provided, that such company shall not be liable if it shall be shown that the opening of such field was made capriciously and with intent to annoy and molest such company. Acts 1889, ch. 248, § 3; Shan., § 1597; Code 1932, § 2664; T.C.A. (orig. ed.), § 65-647.
Any railroad company neglecting or refusing to comply with this part shall be liable for all damages sustained by anyone by reason of such neglect or refusal; and, in order for the injured party to recover all damages such person sustained, it shall be only necessary for such person to prove such neglect or refusal, and the amount of such damages; provided, that such company shall not be liable if it shall be shown that the opening of such field was made capriciously and with intent to annoy and molest such company.
Acts 1889, ch. 248, § 3; Shan., § 1597; Code 1932, § 2664; T.C.A. (orig. ed.), § 65-647.
Tenn. Code Ann. § 65-21-205 — TN Code / Title 65 / Chapter 21 / Section 65-21-205
Construction of lines - Liability for damages
Status: in_force

When any such telegraph or telephone company shall desire to construct lines on or along the lands of individuals, or on the right-of-way and structures of any railroad, the telegraph or telephone company may, by its agents, have the right peacefully to enter upon such lands, structures, or right-of-way, and survey, locate, and lay out its lines thereon, being liable, however, for any damage that may result by reason of such act. Acts 1885, ch. 66, § 3; Shan., § 1833; mod. Code 1932, § 3097; T.C.A. (orig. ed.), § 65-2109.
When any such telegraph or telephone company shall desire to construct lines on or along the lands of individuals, or on the right-of-way and structures of any railroad, the telegraph or telephone company may, by its agents, have the right peacefully to enter upon such lands, structures, or right-of-way, and survey, locate, and lay out its lines thereon, being liable, however, for any damage that may result by reason of such act.
Acts 1885, ch. 66, § 3; Shan., § 1833; mod. Code 1932, § 3097; T.C.A. (orig. ed.), § 65-2109.
Tenn. Code Ann. § 65-30-106 — TN Code / Title 65 / Chapter 30 / Section 65-30-106
General jurisdiction of commission
Status: in_force

(a) The commission has the power and jurisdiction to supervise and regulate every radio common carrier operating within this state and its property, property rights, equipment, facilities, contracts, certificates and franchises so far as may be necessary to carry out the purposes of this chapter, and to do all things, whether specifically designated in this chapter or in addition thereto, which are necessary or convenient in the exercise of such power and jurisdiction. Without limiting the generality of the foregoing, the commission is authorized to adopt and enforce such reasonable rules and regulations and orders as it may deem necessary with respect to rates, charges and classifications, issuance of certificates, territory of operation, abandonment, suspension, or failure to offer service, adequacy of service prevention or elimination of unjust discrimination between subscribers, financial responsibility, insurance covering personal injury and property damage, uniform system of accounts, records, reports, safety of operation and equipment, and to otherwise accomplish the purposes of this chapter and to implement its provisions. (b) The commission may, after affording an opportunity for hearing, order a radio common carrier to: (1) Construct and operate any reasonable extension of its existing system within the certificated territory; or (2) Make any reasonable repair or improvement of or addition to such system. (c) The commission may from time to time visit the places of business and other premises and examine the records, and facilities of all radio common carriers to ascertain if there has been compliance with all rules and regulations and orders of the commission, and shall have the power to examine all officers, agents and employees of such radio common carriers, and all other persons, under oath, and to compel the production of papers and the attendance of witnesses to obtain the information necessary for administering this chapter. (d) The commission has the power and authority to institute all proceedings and investigations, hear all complaints, issue all process and orders, and render all decisions necessary to enforce this chapter or of the rules, regulations and orders adopted thereunder, or to otherwise accomplish the purposes of this chapter. (e) With respect to borderline jurisdiction between this state and adjacent state jurisdictions, the 37 dBu contour of any base station located in this state and operated from the base station in the state is construed to mean that area within thirty-five (35) miles of the state base station. The commission shall have full power and authority to negotiate with other state commissions in an effort to determine and work out the conflict, if any, between base stations in this state and the base stations certificated and located in other adjoining states. (f) The commission has the right to institute, or to intervene as a party in, any action in any court of competent jurisdiction seeking mandamus, injunctive or other relief to compel compliance with this chapter or of any rule, regulation or order adopted thereunder, or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection with this chapter. Acts 1972, ch. 641, § 8; T.C.A., § 65-3008; Acts 1995, ch. 305, § 40.
(a) The commission has the power and jurisdiction to supervise and regulate every radio common carrier operating within this state and its property, property rights, equipment, facilities, contracts, certificates and franchises so far as may be necessary to carry out the purposes of this chapter, and to do all things, whether specifically designated in this chapter or in addition thereto, which are necessary or convenient in the exercise of such power and jurisdiction. Without limiting the generality of the foregoing, the commission is authorized to adopt and enforce such reasonable rules and regulations and orders as it may deem necessary with respect to rates, charges and classifications, issuance of certificates, territory of operation, abandonment, suspension, or failure to offer service, adequacy of service prevention or elimination of unjust discrimination between subscribers, financial responsibility, insurance covering personal injury and property damage, uniform system of accounts, records, reports, safety of operation and equipment, and to otherwise accomplish the purposes of this chapter and to implement its provisions.
(b) The commission may, after affording an opportunity for hearing, order a radio common carrier to: (1) Construct and operate any reasonable extension of its existing system within the certificated territory; or (2) Make any reasonable repair or improvement of or addition to such system.
(1) Construct and operate any reasonable extension of its existing system within the certificated territory; or
(2) Make any reasonable repair or improvement of or addition to such system.
(c) The commission may from time to time visit the places of business and other premises and examine the records, and facilities of all radio common carriers to ascertain if there has been compliance with all rules and regulations and orders of the commission, and shall have the power to examine all officers, agents and employees of such radio common carriers, and all other persons, under oath, and to compel the production of papers and the attendance of witnesses to obtain the information necessary for administering this chapter.
(d) The commission has the power and authority to institute all proceedings and investigations, hear all complaints, issue all process and orders, and render all decisions necessary to enforce this chapter or of the rules, regulations and orders adopted thereunder, or to otherwise accomplish the purposes of this chapter.
(e) With respect to borderline jurisdiction between this state and adjacent state jurisdictions, the 37 dBu contour of any base station located in this state and operated from the base station in the state is construed to mean that area within thirty-five (35) miles of the state base station. The commission shall have full power and authority to negotiate with other state commissions in an effort to determine and work out the conflict, if any, between base stations in this state and the base stations certificated and located in other adjoining states.
(f) The commission has the right to institute, or to intervene as a party in, any action in any court of competent jurisdiction seeking mandamus, injunctive or other relief to compel compliance with this chapter or of any rule, regulation or order adopted thereunder, or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection with this chapter.
Acts 1972, ch. 641, § 8; T.C.A., § 65-3008; Acts 1995, ch. 305, § 40.
Tenn. Code Ann. § 65-3-107 — TN Code / Title 65 / Chapter 3 / Section 65-3-107
Company reports
Status: in_force

(a) It is the duty of each and every company, corporation, or individual, owning, operating, or managing such a company in this state, to send to the department of transportation at its office in Nashville, the monthly, quarterly, and annual statements of the operations of such company or individual, if such reports are issued; if not, then such company or individual shall send such reports as may be issued at any special or regular time. The president or chief officer of each and every such company shall, on or before February 1 of each year, make and transmit to the department of transportation at its office in Nashville, under oath of the president or chief officer of the company, a full and true statement of the affairs of the company as the same existed on the preceding January 1, in accordance with the direction and schedules prepared and furnished by the department of transportation. (b) All common carriers shall send a copy of all safety inspection reports of such common carrier's tracks or track system which are prepared for or made by the federal railroad administration to the department of transportation. "Common carrier" is understood not to apply to private in-plant or intra-plant trackage owned or leased by private corporations which do not engage in serving the public as common carriers. (c) Any officer, agent, or employee failing or refusing to make, under oath, any report required by the department of transportation, within the time required, or failing or refusing to answer fully under oath, if required, any inquiry propounded by the department of transportation, or who shall, in any way, hinder or obstruct the department of transportation, in the discharge of its duties, commits a Class C misdemeanor. Acts 1897, ch. 10, §§ 12, 13; Shan., §§ 3059a37, 3059a38; Code 1932, §§ 5413, 5414; Acts 1979, ch. 423, § 1; T.C.A. (orig. ed.), §§ 65-308, 65-309; Acts 1989, ch. 591, § 113; 1995, ch. 305, § 10.
(a) It is the duty of each and every company, corporation, or individual, owning, operating, or managing such a company in this state, to send to the department of transportation at its office in Nashville, the monthly, quarterly, and annual statements of the operations of such company or individual, if such reports are issued; if not, then such company or individual shall send such reports as may be issued at any special or regular time. The president or chief officer of each and every such company shall, on or before February 1 of each year, make and transmit to the department of transportation at its office in Nashville, under oath of the president or chief officer of the company, a full and true statement of the affairs of the company as the same existed on the preceding January 1, in accordance with the direction and schedules prepared and furnished by the department of transportation.
(b) All common carriers shall send a copy of all safety inspection reports of such common carrier's tracks or track system which are prepared for or made by the federal railroad administration to the department of transportation. "Common carrier" is understood not to apply to private in-plant or intra-plant trackage owned or leased by private corporations which do not engage in serving the public as common carriers.
(c) Any officer, agent, or employee failing or refusing to make, under oath, any report required by the department of transportation, within the time required, or failing or refusing to answer fully under oath, if required, any inquiry propounded by the department of transportation, or who shall, in any way, hinder or obstruct the department of transportation, in the discharge of its duties, commits a Class C misdemeanor.
Acts 1897, ch. 10, §§ 12, 13; Shan., §§ 3059a37, 3059a38; Code 1932, §§ 5413, 5414; Acts 1979, ch. 423, § 1; T.C.A. (orig. ed.), §§ 65-308, 65-309; Acts 1989, ch. 591, § 113; 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-11-104 — TN Code / Title 65 / Chapter 11 / Section 65-11-104
Noncompliance with Section 65-11-103 - Misdemeanor
Status: in_force

The failure of any such person to comply with the requirements of § 65-11-103 is a Class C misdemeanor. Acts 1899, ch. 356, § 2; Shan., § 1594a2; Code 1932, § 2661; T.C.A. (orig. ed.), § 65-1104; Acts 1989, ch. 591, § 113.
The failure of any such person to comply with the requirements of § 65-11-103 is a Class C misdemeanor.
Acts 1899, ch. 356, § 2; Shan., § 1594a2; Code 1932, § 2661; T.C.A. (orig. ed.), § 65-1104; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 65-25-132 — TN Code / Title 65 / Chapter 25 / Section 65-25-132
Joint ventures subject to excise and franchise taxes
Status: in_force

Each joint venture created pursuant to § 65-25-105 or § 65-25-131 in which one (1) or more of the owners of the joint venture is an entity subject to the taxes imposed by title 67, chapter 4, parts 20 and 21 shall itself be subject to and shall pay the taxes required by title 67, chapter 4, parts 20 and 21, or any tax imposed in place thereof. Acts 1999, ch. 430, § 7; T.C.A. § 65-25-232 .
Each joint venture created pursuant to § 65-25-105 or § 65-25-131 in which one (1) or more of the owners of the joint venture is an entity subject to the taxes imposed by title 67, chapter 4, parts 20 and 21 shall itself be subject to and shall pay the taxes required by title 67, chapter 4, parts 20 and 21, or any tax imposed in place thereof.
Acts 1999, ch. 430, § 7; T.C.A. § 65-25-232 .
Tenn. Code Ann. § 65-12-105 — TN Code / Title 65 / Chapter 12 / Section 65-12-105
Track motor cars
Status: in_force

(a) Every person, firm or corporation operating or controlling any railroad running through or within this state shall: (1) Provide each of its track motor cars when used during the period from thirty (30) minutes before sunset to thirty (30) minutes after sunrise with a permanently installed or portable electric light of such construction and with such candle power as to render visible at a distance of three hundred feet (300') in advance of such track motor car any track obstruction, landmark, warning sign or grade crossing and shall also provide each such track motor car when so used with a red light for use on the rear thereof with sufficient candle power as to be visible at a distance of three hundred feet (300'); and (2) Equip each of its track motor cars with a windshield and a device for cleaning rain and snow therefrom so constructed as to be controlled or operated by the operator of such track motor car. (b) It is unlawful for any person, firm or corporation, operating or controlling any railroad running through or within this state, to operate or use any track motor car from thirty (30) minutes before sunset to thirty (30) minutes after sunrise, which is not equipped with lights of candle power and other equipment as provided in this section. (c) Any person, firm or corporation operating or controlling any railroad running through or within this state using or permitting to be used on its line in this state a track motor car in violation of this section commits a Class C misdemeanor. Each day's violation is a separate offense.
(a) Every person, firm or corporation operating or controlling any railroad running through or within this state shall: (1) Provide each of its track motor cars when used during the period from thirty (30) minutes before sunset to thirty (30) minutes after sunrise with a permanently installed or portable electric light of such construction and with such candle power as to render visible at a distance of three hundred feet (300') in advance of such track motor car any track obstruction, landmark, warning sign or grade crossing and shall also provide each such track motor car when so used with a red light for use on the rear thereof with sufficient candle power as to be visible at a distance of three hundred feet (300'); and (2) Equip each of its track motor cars with a windshield and a device for cleaning rain and snow therefrom so constructed as to be controlled or operated by the operator of such track motor car.
(1) Provide each of its track motor cars when used during the period from thirty (30) minutes before sunset to thirty (30) minutes after sunrise with a permanently installed or portable electric light of such construction and with such candle power as to render visible at a distance of three hundred feet (300') in advance of such track motor car any track obstruction, landmark, warning sign or grade crossing and shall also provide each such track motor car when so used with a red light for use on the rear thereof with sufficient candle power as to be visible at a distance of three hundred feet (300'); and
(2) Equip each of its track motor cars with a windshield and a device for cleaning rain and snow therefrom so constructed as to be controlled or operated by the operator of such track motor car.
(b) It is unlawful for any person, firm or corporation, operating or controlling any railroad running through or within this state, to operate or use any track motor car from thirty (30) minutes before sunset to thirty (30) minutes after sunrise, which is not equipped with lights of candle power and other equipment as provided in this section.
(c) Any person, firm or corporation operating or controlling any railroad running through or within this state using or permitting to be used on its line in this state a track motor car in violation of this section commits a Class C misdemeanor. Each day's violation is a separate offense.
Tenn. Code Ann. § 65-6-113 — TN Code / Title 65 / Chapter 6 / Section 65-6-113
Right-of-way at state line
Status: in_force

When any railroad of another state shall intersect the line of the state of Tennessee, at a point within five (5) miles of any railroad in this state, such road of other states is granted the right-of-way from such point of intersection to any point on the line of road in this state; provided, that such point of connection between the roads shall not be more than five (5) miles distant from the state line, and the same shall be subject to all laws of the state in reference to the right-of-way. Acts 1871, ch. 55, § 1; Shan., § 1488; Code 1932, § 2570; T.C.A. (orig. ed.), § 65-614.
When any railroad of another state shall intersect the line of the state of Tennessee, at a point within five (5) miles of any railroad in this state, such road of other states is granted the right-of-way from such point of intersection to any point on the line of road in this state; provided, that such point of connection between the roads shall not be more than five (5) miles distant from the state line, and the same shall be subject to all laws of the state in reference to the right-of-way.
Acts 1871, ch. 55, § 1; Shan., § 1488; Code 1932, § 2570; T.C.A. (orig. ed.), § 65-614.
Tenn. Code Ann. § 65-21-203 — TN Code / Title 65 / Chapter 21 / Section 65-21-203
No exclusive rights permitted
Status: in_force

No telegraph or telephone corporation has the power to contract with the owners of lands or the rights in lands, or with any other person or corporation, for the right to erect, operate, or maintain telegraph, telephone, or other lines or works for the speedy transmission of intelligence, over the lands, privileges, rights, or easements of such owner or other person or corporation, to the exclusion of other persons or corporations authorized to erect and operate lines and works for the speedy transmission of intelligence. Acts 1885, ch. 66, § 4; Shan., § 1834; Code 1932, § 3098; T.C.A. (orig. ed.), § 65-2107.
No telegraph or telephone corporation has the power to contract with the owners of lands or the rights in lands, or with any other person or corporation, for the right to erect, operate, or maintain telegraph, telephone, or other lines or works for the speedy transmission of intelligence, over the lands, privileges, rights, or easements of such owner or other person or corporation, to the exclusion of other persons or corporations authorized to erect and operate lines and works for the speedy transmission of intelligence.
Acts 1885, ch. 66, § 4; Shan., § 1834; Code 1932, § 3098; T.C.A. (orig. ed.), § 65-2107.
Tenn. Code Ann. § 65-4-125 — TN Code / Title 65 / Chapter 4 / Section 65-4-125
Changes in telecommunications service provider - Regulation - Enforcement - Surety bond or irrevocable letter of credit
Status: in_force

(a) No telecommunications service provider, and no person acting on behalf of any telecommunications service provider, shall designate or change the provider of telecommunications services to a subscriber if the provider or person acting on behalf of the provider knows or reasonably should know that such provider or person does not have the authorization of such subscriber. (b) No telecommunications service provider, and no person acting on behalf of any telecommunications service provider, shall bill and collect from any subscriber to telecommunications services any charges for services to which the provider or person acting on behalf of the provider knows or reasonably should know such subscriber has not subscribed, or any amount in excess of that specified in the tariff or contract governing the charges for such services. (c) The Tennessee public utility commission shall establish a consumer complaint form on the internet for reporting telecommunications service providers or persons acting on their behalf who charge the provider of telecommunications services in violation of this section. Any internet sites which are maintained by the commission, the general assembly or the governor's office shall contain a link to such form. (d) The Tennessee public utility commission shall adopt rules implementing this section, including, without limitation, rules specifying the manner in which subscriber authorization may be obtained and confirmed. (e) The Tennessee public utility commission may entertain and decide complaints and issue orders, including, without limitation, show cause orders, to enforce this section and its rules against any telecommunications service provider, or any person acting on behalf of any telecommunications service provider. (f) A telecommunications provider or person acting on behalf of a telecommunications provider who violates any provision of this section, any regulation promulgated pursuant to this section or any order issued to enforce this section shall be subject to a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each day of any such violation. Such civil penalty shall be due and payable to the commission and shall be credited to the public utility account. The commission shall consider mitigating factors as raised by the telecommunications service provider in assessing the amount of the civil penalty. The commission shall allocate at least twenty-five percent (25%) of the revenue collected from such civil penalty for consumer education. (g) Any telecommunications provider or person acting on behalf of a telecommunications provider who violates this section or regulations promulgated pursuant to this section shall pay damages to each subscriber affected by such conduct in an amount equal to all charges and fees for services for which the subscriber has not subscribed, including all amounts in excess of allowable charges for such services, and any cost incurred to reinstate the subscriber's original telecommunications service. (h) This section shall not have the effect of amending or superseding any provisions of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1. (i) This section shall not have the effect of superseding any existing rules of the Tennessee public utility commission, or any order or proceeding to enforce such existing rules. Any such existing rules shall remain in effect until such time as the Tennessee public utility commission adopts new rules pursuant to this section. (j) By September 1, 2000, all telecommunications service providers subject to the control and jurisdiction of the commission, except those owners or operators of public telephone service who pay annual inspection and supervision fees pursuant to § 65-4-301(b) , or any telecommunications service provider that owns and operates equipment facilities in Tennessee with a value of more than five million dollars ($5,000,000), shall file with the commission a corporate surety bond or irrevocable letter of credit in the amount of twenty thousand dollars ($20,000) to secure the payment of any monetary sanction imposed in any enforcement proceeding, brought under this title or the Consumer Telemarketing Protection Act of 1990, compiled in title 47, chapter 18, part 15, by or on behalf of the commission. Acts 1998, ch. 709, §§ 1 - 5; 2000, ch. 586, §§ 1 - 3.
(a) No telecommunications service provider, and no person acting on behalf of any telecommunications service provider, shall designate or change the provider of telecommunications services to a subscriber if the provider or person acting on behalf of the provider knows or reasonably should know that such provider or person does not have the authorization of such subscriber.
(b) No telecommunications service provider, and no person acting on behalf of any telecommunications service provider, shall bill and collect from any subscriber to telecommunications services any charges for services to which the provider or person acting on behalf of the provider knows or reasonably should know such subscriber has not subscribed, or any amount in excess of that specified in the tariff or contract governing the charges for such services.
(c) The Tennessee public utility commission shall establish a consumer complaint form on the internet for reporting telecommunications service providers or persons acting on their behalf who charge the provider of telecommunications services in violation of this section. Any internet sites which are maintained by the commission, the general assembly or the governor's office shall contain a link to such form.
(d) The Tennessee public utility commission shall adopt rules implementing this section, including, without limitation, rules specifying the manner in which subscriber authorization may be obtained and confirmed.
(e) The Tennessee public utility commission may entertain and decide complaints and issue orders, including, without limitation, show cause orders, to enforce this section and its rules against any telecommunications service provider, or any person acting on behalf of any telecommunications service provider.
(f) A telecommunications provider or person acting on behalf of a telecommunications provider who violates any provision of this section, any regulation promulgated pursuant to this section or any order issued to enforce this section shall be subject to a civil penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each day of any such violation. Such civil penalty shall be due and payable to the commission and shall be credited to the public utility account. The commission shall consider mitigating factors as raised by the telecommunications service provider in assessing the amount of the civil penalty. The commission shall allocate at least twenty-five percent (25%) of the revenue collected from such civil penalty for consumer education.
(g) Any telecommunications provider or person acting on behalf of a telecommunications provider who violates this section or regulations promulgated pursuant to this section shall pay damages to each subscriber affected by such conduct in an amount equal to all charges and fees for services for which the subscriber has not subscribed, including all amounts in excess of allowable charges for such services, and any cost incurred to reinstate the subscriber's original telecommunications service.
(h) This section shall not have the effect of amending or superseding any provisions of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1.
(i) This section shall not have the effect of superseding any existing rules of the Tennessee public utility commission, or any order or proceeding to enforce such existing rules. Any such existing rules shall remain in effect until such time as the Tennessee public utility commission adopts new rules pursuant to this section.
(j) By September 1, 2000, all telecommunications service providers subject to the control and jurisdiction of the commission, except those owners or operators of public telephone service who pay annual inspection and supervision fees pursuant to § 65-4-301(b) , or any telecommunications service provider that owns and operates equipment facilities in Tennessee with a value of more than five million dollars ($5,000,000), shall file with the commission a corporate surety bond or irrevocable letter of credit in the amount of twenty thousand dollars ($20,000) to secure the payment of any monetary sanction imposed in any enforcement proceeding, brought under this title or the Consumer Telemarketing Protection Act of 1990, compiled in title 47, chapter 18, part 15, by or on behalf of the commission.
Acts 1998, ch. 709, §§ 1 - 5; 2000, ch. 586, §§ 1 - 3.
Tenn. Code Ann. § 65-7-111 — TN Code / Title 65 / Chapter 7 / Section 65-7-111
Second election
Status: in_force

Should any county, town, or city fail to vote the subscription to any railroad at any election held for the purpose, the county, city, or town may, in its discretion, at any time after thirty (30) days, order another election, if desired by the railroad company. Acts 1887, ch. 3, § 10; Shan., § 1568; Code 1932, § 2622; T.C.A. (orig. ed.), § 65-711.
Should any county, town, or city fail to vote the subscription to any railroad at any election held for the purpose, the county, city, or town may, in its discretion, at any time after thirty (30) days, order another election, if desired by the railroad company.
Acts 1887, ch. 3, § 10; Shan., § 1568; Code 1932, § 2622; T.C.A. (orig. ed.), § 65-711.
Tenn. Code Ann. § 65-15-104 — TN Code / Title 65 / Chapter 15 / Section 65-15-104
Sight-seeing buses not exempt
Status: in_force

Motor vehicles, for which passengers are solicited, and which are operated to and from points of interest in or near any city, and which, therefore, perform the same service as a sight-seeing bus, are not excepted from this part, and this part shall apply to such motor vehicles, whether the same be called "buses" or "for hire cars" or by any other name. Acts 1933, ch. 119, § 2; C. Supp. 1950, § 5501.2; T.C.A. (orig. ed.), § 65-1504.
Motor vehicles, for which passengers are solicited, and which are operated to and from points of interest in or near any city, and which, therefore, perform the same service as a sight-seeing bus, are not excepted from this part, and this part shall apply to such motor vehicles, whether the same be called "buses" or "for hire cars" or by any other name.
Acts 1933, ch. 119, § 2; C. Supp. 1950, § 5501.2; T.C.A. (orig. ed.), § 65-1504.
Tenn. Code Ann. § 65-14-104 — TN Code / Title 65 / Chapter 14 / Section 65-14-104
Keeping of hotel, restaurant, and newsstand
Status: in_force

At any place where such railroad terminal corporation may acquire and construct passenger stations, the corporation may keep on such premises a hotel or restaurant, or both, and also a newsstand. Acts 1893, ch. 11, § 3; Shan., § 2433; mod. Code 1932, § 4062; T.C.A. (orig. ed.), § 65-1404.
At any place where such railroad terminal corporation may acquire and construct passenger stations, the corporation may keep on such premises a hotel or restaurant, or both, and also a newsstand.
Acts 1893, ch. 11, § 3; Shan., § 2433; mod. Code 1932, § 4062; T.C.A. (orig. ed.), § 65-1404.
Tenn. Code Ann. § 65-21-108 — TN Code / Title 65 / Chapter 21 / Section 65-21-108
Priority of messages - Privacy
Status: in_force

(a) All other messages, including those received from other telegraph or telephone companies, shall be transmitted in order of their delivery, correctly, and without unreasonable delay, and at the usual rates, and shall be kept strictly confidential, subject, however, to disclosure in any legal proceedings; provided, that arrangements may be made with the publishers of newspapers for the transmission of intelligence of general and public interest. (b) Any officer or agent of a telegraph or telephone company who willfully violates subsection (a) commits a Class A misdemeanor, and the telegraph or telephone company so violating is liable in damages to the party aggrieved. Acts 1875, ch. 142, § 8; 1885, ch. 66, §§ 7, 8; 1907, ch. 134, § 1; Shan., §§ 1837, 1838, 2445; Code 1932, §§ 3101, 3102, 4058; modified; T.C.A. (orig. ed.), §§ 65-2114, 65-2115; Acts 1989, ch. 591, § 111.
(a) All other messages, including those received from other telegraph or telephone companies, shall be transmitted in order of their delivery, correctly, and without unreasonable delay, and at the usual rates, and shall be kept strictly confidential, subject, however, to disclosure in any legal proceedings; provided, that arrangements may be made with the publishers of newspapers for the transmission of intelligence of general and public interest.
(b) Any officer or agent of a telegraph or telephone company who willfully violates subsection (a) commits a Class A misdemeanor, and the telegraph or telephone company so violating is liable in damages to the party aggrieved.
Acts 1875, ch. 142, § 8; 1885, ch. 66, §§ 7, 8; 1907, ch. 134, § 1; Shan., §§ 1837, 1838, 2445; Code 1932, §§ 3101, 3102, 4058; modified; T.C.A. (orig. ed.), §§ 65-2114, 65-2115; Acts 1989, ch. 591, § 111.
Tenn. Code Ann. § 65-15-203 — TN Code / Title 65 / Chapter 15 / Section 65-15-203
Penalty for violation of hours-of-service standards
Status: in_force

In fixing a civil or criminal penalty for violators of the hours of service standards set forth in the department's rules against any person operating a motor vehicle marked with a valid safety sticker, the department or court shall take into account whether the violation occurred as a result of an emergency condition beyond the control of the violator. Acts 1986, ch. 748, § 3; 1995, ch. 305, § 30.
In fixing a civil or criminal penalty for violators of the hours of service standards set forth in the department's rules against any person operating a motor vehicle marked with a valid safety sticker, the department or court shall take into account whether the violation occurred as a result of an emergency condition beyond the control of the violator.
Acts 1986, ch. 748, § 3; 1995, ch. 305, § 30.
Tenn. Code Ann. § 65-10-203 — TN Code / Title 65 / Chapter 10 / Section 65-10-203
Duration of lien
Status: in_force

Such lien shall continue for the space of one (1) year from the service of the notice, and until the termination of any suit, commenced for the enforcement within one (1) year; and the lien shall have priority over all other liens on such railroad, its property and franchises. Acts 1891, ch. 98, § 1; Shan., § 3582; mod. Code 1932, § 8004; T.C.A. (orig. ed.), § 65-1013.
Such lien shall continue for the space of one (1) year from the service of the notice, and until the termination of any suit, commenced for the enforcement within one (1) year; and the lien shall have priority over all other liens on such railroad, its property and franchises.
Acts 1891, ch. 98, § 1; Shan., § 3582; mod. Code 1932, § 8004; T.C.A. (orig. ed.), § 65-1013.
Tenn. Code Ann. § 65-4-202 — TN Code / Title 65 / Chapter 4 / Section 65-4-202
Complaint of interference - Limited certificate
Status: in_force

If any public utility, in establishing, constructing, reconstructing, or extending its route, line, plant or system, shall interfere or be about to interfere with the existing route, line, plant, or system of any other public utility, the commission, on complaint of the public utility claiming to be injuriously affected, may, after hearing, make such order and prescribe such terms and conditions in harmony with this part as are just and reasonable. The commission shall have power, after a hearing involving the financial ability and good faith of the applicant, the necessity for additional service in the municipality or territory, and such other matters as it deems relevant, to issue a certificate of public necessity and convenience, or to refuse to issue the same or to issue it for the establishment or construction of a portion only of the contemplated plant, route, line, or system or extension thereof, or for the partial exercise only of such right or privilege, and may attach to the exercise of the rights granted by the certificate such terms and conditions as to time or otherwise as in its judgment the public convenience, necessity, and protection may require, and may forfeit such certificate after issuance, for noncompliance with its terms, or provide therein for an ipso facto forfeiture of the same for failure to exercise the rights granted within the time fixed by the commission; provided, that nothing in this part shall be construed as requiring such certificate for a municipally owned plant, project, or development. Acts 1923, ch. 87, § 1; Shan. Supp., § 1843a2; Code 1932, § 5503; T.C.A. (orig. ed.), § 65-416; Acts 1995, ch. 305, § 20.
If any public utility, in establishing, constructing, reconstructing, or extending its route, line, plant or system, shall interfere or be about to interfere with the existing route, line, plant, or system of any other public utility, the commission, on complaint of the public utility claiming to be injuriously affected, may, after hearing, make such order and prescribe such terms and conditions in harmony with this part as are just and reasonable. The commission shall have power, after a hearing involving the financial ability and good faith of the applicant, the necessity for additional service in the municipality or territory, and such other matters as it deems relevant, to issue a certificate of public necessity and convenience, or to refuse to issue the same or to issue it for the establishment or construction of a portion only of the contemplated plant, route, line, or system or extension thereof, or for the partial exercise only of such right or privilege, and may attach to the exercise of the rights granted by the certificate such terms and conditions as to time or otherwise as in its judgment the public convenience, necessity, and protection may require, and may forfeit such certificate after issuance, for noncompliance with its terms, or provide therein for an ipso facto forfeiture of the same for failure to exercise the rights granted within the time fixed by the commission; provided, that nothing in this part shall be construed as requiring such certificate for a municipally owned plant, project, or development.
Acts 1923, ch. 87, § 1; Shan. Supp., § 1843a2; Code 1932, § 5503; T.C.A. (orig. ed.), § 65-416; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-30-111 — TN Code / Title 65 / Chapter 30 / Section 65-30-111
Supervision and regulation
Status: in_force

The supervision, control and regulation of public utilities are provided for under chapter 4 of this title and these provisions, and specifically, chapter 4, part 3 of this title, shall apply to radio common carriers. Acts 1972, ch. 641, § 13; T.C.A., § 65-3013.
The supervision, control and regulation of public utilities are provided for under chapter 4 of this title and these provisions, and specifically, chapter 4, part 3 of this title, shall apply to radio common carriers.
Acts 1972, ch. 641, § 13; T.C.A., § 65-3013.
Tenn. Code Ann. § 65-27-103 — TN Code / Title 65 / Chapter 27 / Section 65-27-103
Compensation to owners for property condemned
Status: in_force

Such water company so condemning the water or riparian rights shall make compensation to the owners thereof for such water or rights as may be condemned and the compensation shall be paid by the water company. Acts 1903, ch. 134, § 2; Shan., § 2506a2; Code 1932, § 4073; T.C.A. (orig. ed.), § 65-2703.
Such water company so condemning the water or riparian rights shall make compensation to the owners thereof for such water or rights as may be condemned and the compensation shall be paid by the water company.
Acts 1903, ch. 134, § 2; Shan., § 2506a2; Code 1932, § 4073; T.C.A. (orig. ed.), § 65-2703.
Tenn. Code Ann. § 65-4-304 — TN Code / Title 65 / Chapter 4 / Section 65-4-304
Minimum fees
Status: in_force

In no case shall the fee to be paid be less than one hundred dollars ($100), which will be the minimum inspection, control and supervision fee to be paid by any public utility subject to such fee. Acts 1921, ch. 107, § 1; Shan. Supp., § 3059a102; Code 1932, § 5462; Acts 1935, ch. 139, § 2; C. Supp. 1950, § 5462; T.C.A. (orig. ed.), § 65-428; Acts 1993, ch. 461, § 2; 1995, ch. 305, § 20.
In no case shall the fee to be paid be less than one hundred dollars ($100), which will be the minimum inspection, control and supervision fee to be paid by any public utility subject to such fee.
Acts 1921, ch. 107, § 1; Shan. Supp., § 3059a102; Code 1932, § 5462; Acts 1935, ch. 139, § 2; C. Supp. 1950, § 5462; T.C.A. (orig. ed.), § 65-428; Acts 1993, ch. 461, § 2; 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-12-101 — TN Code / Title 65 / Chapter 12 / Section 65-12-101
Payment of fare required
Status: in_force

If any passenger refuses to pay the required fare, the conductor may put such passenger off the cars at any station or convenient point where the passenger can step on land.
Tenn. Code Ann. § 65-15-302 — TN Code / Title 65 / Chapter 15 / Section 65-15-302
Laws and regulations applicable to transportation network companies
Status: in_force

(a) Except as otherwise provided in this part, transportation network companies are governed exclusively by this part. (b) A transportation network company shall not be deemed to own, control, operate, or manage the personal vehicles used by transportation network company drivers and is not deemed to control or manage transportation network company drivers. (c) A transportation network company is not subject to any regulations passed by a municipality or other governmental entity governing private passenger for-hire vehicles pursuant to § 7-51-1003 and is not subject to the authority of the department of safety to regulate passenger operations pursuant to part 1 or 2 of this chapter. A transportation network company driver is not a chauffeur as defined in § 55-50-102 and is not subject to the requirements relating to commercial driver licenses or commercial vehicles covered under title 55, chapter 50. (d) Commercial service airports shall have authority to adopt reasonable standards, regulations, procedures, and fees for conducting transportation network services on airport property to promote the safe and efficient use of limited airport resources. Added by 2015 Tenn. Acts, ch. 520, s 4, eff. 5/20/2015.
(a) Except as otherwise provided in this part, transportation network companies are governed exclusively by this part.
(b) A transportation network company shall not be deemed to own, control, operate, or manage the personal vehicles used by transportation network company drivers and is not deemed to control or manage transportation network company drivers.
(c) A transportation network company is not subject to any regulations passed by a municipality or other governmental entity governing private passenger for-hire vehicles pursuant to § 7-51-1003 and is not subject to the authority of the department of safety to regulate passenger operations pursuant to part 1 or 2 of this chapter. A transportation network company driver is not a chauffeur as defined in § 55-50-102 and is not subject to the requirements relating to commercial driver licenses or commercial vehicles covered under title 55, chapter 50.
(d) Commercial service airports shall have authority to adopt reasonable standards, regulations, procedures, and fees for conducting transportation network services on airport property to promote the safe and efficient use of limited airport resources.
Added by 2015 Tenn. Acts, ch. 520, s 4, eff. 5/20/2015.
Tenn. Code Ann. § 65-2-103 — TN Code / Title 65 / Chapter 2 / Section 65-2-103
Petitions to be in writing - Filing fees
Status: in_force

(a) Every petition filed with the commission shall be in writing and shall be accompanied by a filing fee of twenty-five dollars ($25.00). (b) Any petition filed on behalf of multiple parties shall be accompanied by a payment of twenty-five dollars ($25.00) for each party. Acts 1986, ch. 862, § 1; 1995, ch. 305, § 9.
(a) Every petition filed with the commission shall be in writing and shall be accompanied by a filing fee of twenty-five dollars ($25.00).
(b) Any petition filed on behalf of multiple parties shall be accompanied by a payment of twenty-five dollars ($25.00) for each party.
Acts 1986, ch. 862, § 1; 1995, ch. 305, § 9.
Tenn. Code Ann. § 65-31-110 — TN Code / Title 65 / Chapter 31 / Section 65-31-110
Precautions to avoid damage
Status: in_force

In addition to the notification requirements of § 65-31-106 , each person responsible for any excavation or demolition operation designated in § 65-31-104 shall: (1) Plan the excavation or demolition to avoid damage to and minimize interference with underground utilities in and near the construction area; (2) Maintain a clearance between an underground utility and the cutting edge or point of any mechanized equipment in accordance with § 65-31-108(b) and (d) , taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such utility; (3) Provide such support and protection for underground utilities in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such utilities; and (4) Each utility, regardless of the use or material, shall be installed with sufficient clearance to permit the maintenance of existing utilities, and to protect against damage to existing utilities. Acts 1978, ch. 692, § 10; T.C.A., § 65-3210; Acts 1993, ch. 223, §§ 16-18; 2001, ch. 120, §§ 1, 2.
In addition to the notification requirements of § 65-31-106 , each person responsible for any excavation or demolition operation designated in § 65-31-104 shall:
(1) Plan the excavation or demolition to avoid damage to and minimize interference with underground utilities in and near the construction area;
(2) Maintain a clearance between an underground utility and the cutting edge or point of any mechanized equipment in accordance with § 65-31-108(b) and (d) , taking into account the known limit of control of such cutting edge or point, as may be reasonably necessary to avoid damage to such utility;
(3) Provide such support and protection for underground utilities in and near the construction area, including during backfill operations, as may be reasonably necessary for the protection of such utilities; and
(4) Each utility, regardless of the use or material, shall be installed with sufficient clearance to permit the maintenance of existing utilities, and to protect against damage to existing utilities.
Acts 1978, ch. 692, § 10; T.C.A., § 65-3210; Acts 1993, ch. 223, §§ 16-18; 2001, ch. 120, §§ 1, 2.
Tenn. Code Ann. § 65-4-307 — TN Code / Title 65 / Chapter 4 / Section 65-4-307
Collection and disposition of fees
Status: in_force

The inspection, control and supervision fees provided for in this part shall be collected by the commission. Such fees, when collected, shall be deposited in the state treasury but shall be kept in a separate account, to be known as the "public utilities account" and the funds so raised shall thus be segregated. Acts 1921, ch. 107, § 5; Shan. Supp., § 3059a105; Code 1932, § 5465; Acts 1947, ch. 17, § 2; C. Supp. 1950, § 5465; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-431; Acts 1995, ch. 305, § 20.
The inspection, control and supervision fees provided for in this part shall be collected by the commission. Such fees, when collected, shall be deposited in the state treasury but shall be kept in a separate account, to be known as the "public utilities account" and the funds so raised shall thus be segregated.
Acts 1921, ch. 107, § 5; Shan. Supp., § 3059a105; Code 1932, § 5465; Acts 1947, ch. 17, § 2; C. Supp. 1950, § 5465; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 65-431; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-4-113 — TN Code / Title 65 / Chapter 4 / Section 65-4-113
Transfer of authority to provide utility services
Status: in_force

(a) No public utility, as defined in § 65-4-101 , shall transfer all or any part of its authority to provide utility services, derived from its certificate of public convenience and necessity issued by the commission, to any individual, partnership, corporation or other entity without first obtaining the approval of the commission. (b) Upon petition for approval of the transfer of authority to provide utility services, the commission shall take into consideration all relevant factors, including, but not limited to, the suitability, the financial responsibility, and capability of the proposed transferee to perform efficiently the utility services to be transferred and the benefit to the consuming public to be gained from the transfer. The commission shall approve the transfer after consideration of all relevant factors and upon finding that such transfer furthers the public interest. (c) Following approval of the transfer pursuant to this section, the transferee shall be granted full authority to provide the transferred services subject to the continuing regulation of the commission. The transferor shall no longer have any authority to provide the transferred services, but shall retain authority to provide other services, if any are retained, which were not included in such transfer. (d) This section shall not apply to any transfers falling under § 65-4-112 . This section shall apply to all other utility service transfers, including, but not limited to, the transfer of the authority to provide communications services held by a land line telephone company pursuant to § 65-30-105(h) . (e) To the extent transferees receiving authority under this section would be prohibited from performing the service by § 65-30-104 , § 65-30-105(a) , or § 65-30-105(f)(2) , those sections are declared inapplicable. Acts 1993, ch. 23, § 1; 1994, ch. 545, § 1; 1995, ch. 305, § 20.
(a) No public utility, as defined in § 65-4-101 , shall transfer all or any part of its authority to provide utility services, derived from its certificate of public convenience and necessity issued by the commission, to any individual, partnership, corporation or other entity without first obtaining the approval of the commission.
(b) Upon petition for approval of the transfer of authority to provide utility services, the commission shall take into consideration all relevant factors, including, but not limited to, the suitability, the financial responsibility, and capability of the proposed transferee to perform efficiently the utility services to be transferred and the benefit to the consuming public to be gained from the transfer. The commission shall approve the transfer after consideration of all relevant factors and upon finding that such transfer furthers the public interest.
(c) Following approval of the transfer pursuant to this section, the transferee shall be granted full authority to provide the transferred services subject to the continuing regulation of the commission. The transferor shall no longer have any authority to provide the transferred services, but shall retain authority to provide other services, if any are retained, which were not included in such transfer.
(d) This section shall not apply to any transfers falling under § 65-4-112 . This section shall apply to all other utility service transfers, including, but not limited to, the transfer of the authority to provide communications services held by a land line telephone company pursuant to § 65-30-105(h) .
(e) To the extent transferees receiving authority under this section would be prohibited from performing the service by § 65-30-104 , § 65-30-105(a) , or § 65-30-105(f)(2) , those sections are declared inapplicable.
Acts 1993, ch. 23, § 1; 1994, ch. 545, § 1; 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-36-101 — TN Code / Title 65 / Chapter 36 / Section 65-36-101
Short title
Status: in_force

The title of this chapter is, and may be cited as the "Electric Utility Comprehensive Equal Power and Authority Act of 1997." Acts 1997, ch. 520, § 1.
The title of this chapter is, and may be cited as the "Electric Utility Comprehensive Equal Power and Authority Act of 1997."
Acts 1997, ch. 520, § 1.
Tenn. Code Ann. § 65-4-504 — TN Code / Title 65 / Chapter 4 / Section 65-4-504
Commission - Penalties - Investigations - Notice and hearing
Status: in_force

(a) The commission is authorized to initiate proceedings relative to a violation of this part or any rules and regulations promulgated pursuant to this part. Such proceedings include, without limitation, proceedings to: issue a cease and desist order; issue an order imposing a civil penalty up to a maximum of two thousand dollars ($2,000) for each violation; and to seek additional relief in any court of competent jurisdiction. Violations shall be calculated in a liberal manner to deter violators and to protect consumers. Each page of each unsolicited facsimile advertisement may constitute a separate violation. (b) In the course of investigating an alleged violation of this part, the commission is authorized to issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in accordance with this title. After proper notice, any such hearing shall be conducted in conformance with commission rules and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. All civil penalties assessed pursuant to this part shall be deposited in the public utilities account in the state treasury. Acts 2003, ch. 15, § 1.
(a) The commission is authorized to initiate proceedings relative to a violation of this part or any rules and regulations promulgated pursuant to this part. Such proceedings include, without limitation, proceedings to: issue a cease and desist order; issue an order imposing a civil penalty up to a maximum of two thousand dollars ($2,000) for each violation; and to seek additional relief in any court of competent jurisdiction. Violations shall be calculated in a liberal manner to deter violators and to protect consumers. Each page of each unsolicited facsimile advertisement may constitute a separate violation.
(b) In the course of investigating an alleged violation of this part, the commission is authorized to issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in accordance with this title. After proper notice, any such hearing shall be conducted in conformance with commission rules and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. All civil penalties assessed pursuant to this part shall be deposited in the public utilities account in the state treasury.
Acts 2003, ch. 15, § 1.
Tenn. Code Ann. § 65-21-114 — TN Code / Title 65 / Chapter 21 / Section 65-21-114
Toll-free telephone service within counties
Status: in_force

(a) Any telephone call made between two (2) points in the same county in Tennessee shall be classified as toll-free and shall not be billed to any customer. (b) This section shall apply to all companies or entities providing telephone service in this state as public utilities, including, but not limited to, telephone companies regulated by the Tennessee public utility commission. However, this section does not apply to any telephone company which is prohibited by federal law from providing countywide service in a particular county. (c) Nothing in this section is intended to modify or repeal the rate-making and telephone regulatory authority of the commission or the right of telephone companies to earn a fair rate of return. Amended by 2017 Tenn. Acts, ch. 94, Secs.s 54, s 55 eff. 4/4/2017. Acts 1995, ch. 183, § 1.
(a) Any telephone call made between two (2) points in the same county in Tennessee shall be classified as toll-free and shall not be billed to any customer.
(b) This section shall apply to all companies or entities providing telephone service in this state as public utilities, including, but not limited to, telephone companies regulated by the Tennessee public utility commission. However, this section does not apply to any telephone company which is prohibited by federal law from providing countywide service in a particular county.
(c) Nothing in this section is intended to modify or repeal the rate-making and telephone regulatory authority of the commission or the right of telephone companies to earn a fair rate of return.
Amended by 2017 Tenn. Acts, ch. 94, Secs.s 54, s 55 eff. 4/4/2017.
Acts 1995, ch. 183, § 1.
Tenn. Code Ann. § 65-4-403 — TN Code / Title 65 / Chapter 4 / Section 65-4-403
Circumvention of caller identification service prohibited
Status: in_force

A person or entity who makes a telephone or text message solicitation to the telephone of a residential subscriber in this state shall not knowingly utilize any method to block or otherwise circumvent the subscriber's use of a caller identification service. Amended by 2023 Tenn. Acts, ch. 126,s 3, eff. 7/1/2023. Acts 1999, ch. 478, § 3.
A person or entity who makes a telephone or text message solicitation to the telephone of a residential subscriber in this state shall not knowingly utilize any method to block or otherwise circumvent the subscriber's use of a caller identification service.
Amended by 2023 Tenn. Acts, ch. 126,s 3, eff. 7/1/2023.
Acts 1999, ch. 478, § 3.
Tenn. Code Ann. § 65-17-107 — TN Code / Title 65 / Chapter 17 / Section 65-17-107
Permit does not preclude need to obtain other applicable local, state, and federal permits, licenses, or approvals
Status: in_force

The issuance of a permit under this chapter shall not preclude the need for the applicant to obtain any and all other applicable local, state, or federal permits, licenses, or approvals. Nothing in this chapter shall limit the ability of a local government to plan for and regulate the siting or permitting of a wind energy facility or wind energy facility expansion in accordance with applicable land-use regulations authorized under titles 5 and 6 or the applicable requirements of this title. Acts 2018, ch. 825, § 7.
The issuance of a permit under this chapter shall not preclude the need for the applicant to obtain any and all other applicable local, state, or federal permits, licenses, or approvals. Nothing in this chapter shall limit the ability of a local government to plan for and regulate the siting or permitting of a wind energy facility or wind energy facility expansion in accordance with applicable land-use regulations authorized under titles 5 and 6 or the applicable requirements of this title.
Acts 2018, ch. 825, § 7.
Tenn. Code Ann. § 65-20-105 — TN Code / Title 65 / Chapter 20 / Section 65-20-105
Passenger rights forfeited for intoxication
Status: in_force

Any person who publicly drinks any intoxicating liquor, including wine, ale or beer, or is intoxicated on any railway passenger train, street car, omnibus or other public vehicle of passenger transportation in violation of § 39-17-310 thereby forfeits all rights as a passenger, and it is the duty of the conductor or person in charge of the vehicle of transportation to eject such passenger forthwith. Acts 1909, ch. 564, § 2; Shan., § 6798a23; Code 1932, § 11245; modified; T.C.A. (orig. ed.), § 65-2013; Acts 1996, ch. 675, § 69.
Any person who publicly drinks any intoxicating liquor, including wine, ale or beer, or is intoxicated on any railway passenger train, street car, omnibus or other public vehicle of passenger transportation in violation of § 39-17-310 thereby forfeits all rights as a passenger, and it is the duty of the conductor or person in charge of the vehicle of transportation to eject such passenger forthwith.
Acts 1909, ch. 564, § 2; Shan., § 6798a23; Code 1932, § 11245; modified; T.C.A. (orig. ed.), § 65-2013; Acts 1996, ch. 675, § 69.
Tenn. Code Ann. § 65-15-201 — TN Code / Title 65 / Chapter 15 / Section 65-15-201
Request for inspection - Fee - Citing for violations
Status: in_force

Any corporation, partnership, person or other entity that owns or operates a motor vehicle domiciled in Tennessee and under the jurisdiction of the department and not subject to the inspection fee prescribed in § 65-15-112 , may request an on-site inspection by department enforcement officers for the purpose of conducting a safety management audit and for the purpose of inspecting all vehicles subject to the department's jurisdiction. This request shall be in writing and sent certified mail, return receipt requested. The cost of such inspection shall be four dollars ($4.00) per vehicle. All vehicles which pass inspection shall be issued a safety sticker which shall be valid for that quarter of the year in which the sticker was issued. During the on-site inspection, no criminal citation shall be issued except for flagrant safety management violations about which the violator has previously been warned by the department. If the department fails to send an enforcement officer for the purposes of conducting this inspection within thirty (30) days from the receipt of the letter requesting same, the entity requesting the inspection shall be exempt from penalties for mechanical defects, and no citations may be issued for mechanical defects until the on-site inspection has been performed. Acts 1986, ch. 748, § 1; 1995, ch. 305, § 30.
Any corporation, partnership, person or other entity that owns or operates a motor vehicle domiciled in Tennessee and under the jurisdiction of the department and not subject to the inspection fee prescribed in § 65-15-112 , may request an on-site inspection by department enforcement officers for the purpose of conducting a safety management audit and for the purpose of inspecting all vehicles subject to the department's jurisdiction. This request shall be in writing and sent certified mail, return receipt requested. The cost of such inspection shall be four dollars ($4.00) per vehicle. All vehicles which pass inspection shall be issued a safety sticker which shall be valid for that quarter of the year in which the sticker was issued. During the on-site inspection, no criminal citation shall be issued except for flagrant safety management violations about which the violator has previously been warned by the department. If the department fails to send an enforcement officer for the purposes of conducting this inspection within thirty (30) days from the receipt of the letter requesting same, the entity requesting the inspection shall be exempt from penalties for mechanical defects, and no citations may be issued for mechanical defects until the on-site inspection has been performed.
Acts 1986, ch. 748, § 1; 1995, ch. 305, § 30.
Tenn. Code Ann. § 65-4-506 — TN Code / Title 65 / Chapter 4 / Section 65-4-506
Violations
Status: in_force

(a) A violation of this part also constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1. (b) For the purpose of application of the Tennessee Consumer Protection Act, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting trade or commerce and subject to the penalties and remedies as provided in that act, in addition to the penalties and remedies set forth in this part as well as that of 47 U.S.C. § 227 , or any other cause of action, civil remedy or penalty provided by law. Acts 2003, ch. 15, § 1.
(a) A violation of this part also constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1.
(b) For the purpose of application of the Tennessee Consumer Protection Act, any violation of this part shall be construed to constitute an unfair or deceptive act or practice affecting trade or commerce and subject to the penalties and remedies as provided in that act, in addition to the penalties and remedies set forth in this part as well as that of 47 U.S.C. § 227 , or any other cause of action, civil remedy or penalty provided by law.
Acts 2003, ch. 15, § 1.
Tenn. Code Ann. § 65-14-102 — TN Code / Title 65 / Chapter 14 / Section 65-14-102
Right to construct facilities across or along streets and alleys
Status: in_force

When it may be necessary, in order to enable the corporation to acquire and construct proper railroad terminal facilities in any town or city, or to connect such facilities with the tracks of any railroad company with whom the corporation may have contracted to furnish such facilities, the corporation, with the consent of the proper authorities of such town or city, shall have the right to lay and operate a track or tracks across or along or over or under such of the streets or alleys of such town or city as may be necessary for that purpose; and the corporation may also, with such consent, construct such passenger or freight depots or stations across or along, over or under, any such street or alley when it shall be necessary in order to furnish proper railroad terminal facilities in the town or city. But no street or alley of any town or city shall be obstructed or interfered with until the consent of the proper authorities of the town or city shall have been first obtained. Acts 1893, ch. 11, § 3; Shan., § 2431; mod. Code 1932, § 4061; T.C.A. (orig. ed.), § 65-1402.
When it may be necessary, in order to enable the corporation to acquire and construct proper railroad terminal facilities in any town or city, or to connect such facilities with the tracks of any railroad company with whom the corporation may have contracted to furnish such facilities, the corporation, with the consent of the proper authorities of such town or city, shall have the right to lay and operate a track or tracks across or along or over or under such of the streets or alleys of such town or city as may be necessary for that purpose; and the corporation may also, with such consent, construct such passenger or freight depots or stations across or along, over or under, any such street or alley when it shall be necessary in order to furnish proper railroad terminal facilities in the town or city. But no street or alley of any town or city shall be obstructed or interfered with until the consent of the proper authorities of the town or city shall have been first obtained.
Acts 1893, ch. 11, § 3; Shan., § 2431; mod. Code 1932, § 4061; T.C.A. (orig. ed.), § 65-1402.
Tenn. Code Ann. § 65-6-301 — TN Code / Title 65 / Chapter 6 / Section 65-6-301
Cattle guards on unfenced track
Status: in_force

Each railroad company whose unfenced track passes through a field or enclosure is required to place a good and sufficient cattle guard or stops at the points of entering such field or enclosure, and keep the same in good repair. Acts 1889, ch. 248, § 1; Shan., § 1595; Code 1932, § 2662; T.C.A. (orig. ed.), § 65-645.
Each railroad company whose unfenced track passes through a field or enclosure is required to place a good and sufficient cattle guard or stops at the points of entering such field or enclosure, and keep the same in good repair.
Acts 1889, ch. 248, § 1; Shan., § 1595; Code 1932, § 2662; T.C.A. (orig. ed.), § 65-645.
Tenn. Code Ann. § 65-7-115 — TN Code / Title 65 / Chapter 7 / Section 65-7-115
Collection of tax
Status: in_force

The taxes prescribed in § 65-7-114 shall be levied and collected as other county, town, or corporation taxes, and paid into the treasury of the county, city or town as other taxes. Acts 1887, ch. 3, § 14; Shan., § 1572; Code 1932, § 2626; T.C.A. (orig. ed.), § 65-715.
The taxes prescribed in § 65-7-114 shall be levied and collected as other county, town, or corporation taxes, and paid into the treasury of the county, city or town as other taxes.
Acts 1887, ch. 3, § 14; Shan., § 1572; Code 1932, § 2626; T.C.A. (orig. ed.), § 65-715.
Tenn. Code Ann. § 65-25-114 — TN Code / Title 65 / Chapter 25 / Section 65-25-114
Other disposition, lease or encumbrance of assets and properties
Status: in_force

(a) A cooperative having the primary purpose only or one (1) or more secondary purposes only may otherwise dispose of, lease, mortgage or otherwise encumber all or a substantial portion of its assets and properties that are devoted to and used or useful in pursuance of the primary purpose only or of one (1) or more of its secondary purposes only upon the proposal therefor being first approved and recommended by its board and submitted to the members for their consideration and action at a special member meeting called by the board for that purpose or at a regular annual member meeting, the notice of which shall contain or be accompanied by a copy of the proposed disposition, lease, mortgage or other encumbrance or by an accurate summary explanation thereof. Such proposal shall be approved and authorized if it receives the affirmative votes of as many as, but not fewer than, two-thirds (2/3) of the members voting thereon. (b) A cooperative having both the primary and one (1) or more secondary purposes may otherwise dispose of, lease, mortgage or otherwise encumber all or a substantial portion of its assets and properties devoted to and used or useful in pursuance of one (1) or more secondary purposes upon the proposal therefor being approved and authorized by its board only, unless its bylaws require the approval of the members. (c) Notwithstanding subsections (a) and (b), or in any other law, or a cooperative's articles of incorporation or bylaws, the board of a cooperative, without authorization or approval of the members thereof, shall have full power and authority to authorize the execution and delivery of a mortgage or mortgages or deed or deeds of trust upon, or the pledging or encumbrancing of, any or all of the assets and properties of the cooperative, whether acquired or to be acquired, and wherever situated, as well as the revenues and income therefrom, all upon such terms and conditions as the board shall determine, to secure any indebtedness of the cooperative to the United States or any instrumentality or agency thereof, or to any corporation or financial institution authorized to assist in the credit and financial needs of cooperatives, or to any other source of finance. Acts 1988, ch. 689, § 2; T.C.A. § 65-25-214 .
(a) A cooperative having the primary purpose only or one (1) or more secondary purposes only may otherwise dispose of, lease, mortgage or otherwise encumber all or a substantial portion of its assets and properties that are devoted to and used or useful in pursuance of the primary purpose only or of one (1) or more of its secondary purposes only upon the proposal therefor being first approved and recommended by its board and submitted to the members for their consideration and action at a special member meeting called by the board for that purpose or at a regular annual member meeting, the notice of which shall contain or be accompanied by a copy of the proposed disposition, lease, mortgage or other encumbrance or by an accurate summary explanation thereof. Such proposal shall be approved and authorized if it receives the affirmative votes of as many as, but not fewer than, two-thirds (2/3) of the members voting thereon.
(b) A cooperative having both the primary and one (1) or more secondary purposes may otherwise dispose of, lease, mortgage or otherwise encumber all or a substantial portion of its assets and properties devoted to and used or useful in pursuance of one (1) or more secondary purposes upon the proposal therefor being approved and authorized by its board only, unless its bylaws require the approval of the members.
(c) Notwithstanding subsections (a) and (b), or in any other law, or a cooperative's articles of incorporation or bylaws, the board of a cooperative, without authorization or approval of the members thereof, shall have full power and authority to authorize the execution and delivery of a mortgage or mortgages or deed or deeds of trust upon, or the pledging or encumbrancing of, any or all of the assets and properties of the cooperative, whether acquired or to be acquired, and wherever situated, as well as the revenues and income therefrom, all upon such terms and conditions as the board shall determine, to secure any indebtedness of the cooperative to the United States or any instrumentality or agency thereof, or to any corporation or financial institution authorized to assist in the credit and financial needs of cooperatives, or to any other source of finance.
Acts 1988, ch. 689, § 2; T.C.A. § 65-25-214 .
Tenn. Code Ann. § 65-19-101 — TN Code / Title 65 / Chapter 19 / Section 65-19-101
Common carrier - Business declared a privilege
Status: in_force

Any person operating for hire any public conveyance propelled by steam, gasoline, electricity, or other motive power, for the purpose of affording a means of street transportation similar to that ordinarily afforded by street railways (but not operated upon fixed tracks) by indiscriminately accepting and discharging such persons as may offer themselves for transportation along the course of operation, is declared to be a common carrier, and the business of all such common carriers is declared to be a privilege. Acts 1915, ch. 60, § 1; Shan., § 3079a199; mod. Code 1932, § 5533; T.C.A. (orig. ed.), § 65-1901.
Any person operating for hire any public conveyance propelled by steam, gasoline, electricity, or other motive power, for the purpose of affording a means of street transportation similar to that ordinarily afforded by street railways (but not operated upon fixed tracks) by indiscriminately accepting and discharging such persons as may offer themselves for transportation along the course of operation, is declared to be a common carrier, and the business of all such common carriers is declared to be a privilege.
Acts 1915, ch. 60, § 1; Shan., § 3079a199; mod. Code 1932, § 5533; T.C.A. (orig. ed.), § 65-1901.
Tenn. Code Ann. § 65-22-103 — TN Code / Title 65 / Chapter 22 / Section 65-22-103
Wires, conduits, conductors, pipes, and pipelines
Status: in_force

Such corporation, after having first obtained permission from the governing authorities thereof, is invested with the privilege of extending and placing its electric wires, conduits, conductors, pipes, and pipelines along, through, or upon all or any of the streets, lanes, and alleys of the cities, towns, and villages in which it may operate; and in, through, and along any and all of the roads and public highways of the counties, for the purpose of supplying electricity, or electric or mechanical power to the inhabitants thereof for heat, light, manufacturing, domestic, or sanitary or other purposes; and for such purposes it may make any and all necessary excavations in and along the same after first obtaining permission from the governing authorities of the incorporated cities, towns, and villages, and when outside of any incorporated towns, of the governing authority of the county in which same is located; but all excavation shall be made in such manner as to give the least inconvenience to the public, and shall be replaced with all possible speed by and at the expense of the corporation in as substantial manner as found before being excavated. Acts 1909, ch. 127, § 3; Shan., § 2489a3; mod. Code 1932, §3940; T.C.A. (orig. ed.), § 65-2205.
Such corporation, after having first obtained permission from the governing authorities thereof, is invested with the privilege of extending and placing its electric wires, conduits, conductors, pipes, and pipelines along, through, or upon all or any of the streets, lanes, and alleys of the cities, towns, and villages in which it may operate; and in, through, and along any and all of the roads and public highways of the counties, for the purpose of supplying electricity, or electric or mechanical power to the inhabitants thereof for heat, light, manufacturing, domestic, or sanitary or other purposes; and for such purposes it may make any and all necessary excavations in and along the same after first obtaining permission from the governing authorities of the incorporated cities, towns, and villages, and when outside of any incorporated towns, of the governing authority of the county in which same is located; but all excavation shall be made in such manner as to give the least inconvenience to the public, and shall be replaced with all possible speed by and at the expense of the corporation in as substantial manner as found before being excavated.
Acts 1909, ch. 127, § 3; Shan., § 2489a3; mod. Code 1932, §3940; T.C.A. (orig. ed.), § 65-2205.
Tenn. Code Ann. § 65-11-113 — TN Code / Title 65 / Chapter 11 / Section 65-11-113
Automatic warning or protective devices
Status: in_force

(a) (1) Within six (6) months after the occurrence of a fatality resulting from a collision between any railroad engine or train and a vehicle or pedestrian at any unmarked railroad grade crossing, where there are regularly scheduled trains, one hundred (100) or more vehicles cross daily and it is also a regular school bus crossing, and/or upon the order of the commissioner of transportation or the commissioner's designee, the railroad company responsible for maintaining the track and right-of-way at such grade crossing shall install or cause to be installed a railroad crossing marker with automatic flashing signal lights and a bell on either side of the tracks along such street, road or highway crossing such tracks, in such a manner that approaching motorists, riders or pedestrians may be warned of the hazard and alerted to watch for an oncoming train or engine. (2) A railroad company shall have six (6) months from the time of an order of the commissioner or the commissioner's designee in which to install or cause to be installed the automatic warning or protective devices required. If such devices are not installed and operative at the end of this period of time, and the commissioner has not granted an extension based on hardship or act of God, the speed of trains operating within one (1) mile in each direction of such crossing shall be restricted to not more than twenty-five (25) miles per hour. This restriction shall continue until the devices are fully operational. (b) (1) The cost of installing such signal devices shall be borne equally by the railroad company, the state of Tennessee, and the county, or the municipality, if such signal devices are installed within the corporate limits or the metropolitan government, where applicable. (2) Payment of the state's share shall be made as reimbursement of the railroad company of one-third (1/3) of the cost of such installation, by warrant of the commissioner of finance and administration upon the state treasury, after inspection of the site and certification by the commissioner of transportation or the commissioner's designee that such signal devices have been installed in compliance with this section; provided, that the railroad company has first submitted to the commissioner of finance and administration a sworn statement of the total costs incurred by the railroad company in installing such signal devices. (3) Payment of the municipality's or county's or metropolitan government's share of the costs shall similarly be made in accordance with the fiscal procedures of such municipality, county, or metropolitan government after receipt of a sworn statement from the railroad company of the total cost of the installations and verification of such installation by the appropriate municipal, county or metropolitan government official. (c) If any county, municipal or metropolitan government fails or refuses to reimburse the railroad company as provided in this section, the commissioner of finance and administration shall cause the necessary amount of money to be withheld from such county, municipal or metropolitan government any amount due such county, municipal or metropolitan government from the proceeds of the state gasoline tax and reimburse the railroad company using such funds otherwise due the county, municipal or metropolitan government. The Tennessee department of transportation shall be prohibited from adopting any rules or regulations which will circumvent the purposes of this section by setting incompatible criteria for determining priorities for the installation of railroad crossing signals. (d) In the event federal funds are available to defray the cost of such installation in whole or in part, the federal rules then applicable shall determine the allocation of the costs of such installation. (e) Any railroad company failing to comply with the requirements of subsections (a)-(d) is subject to a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each day of continued violation. (f) The department of transportation is authorized to construct protective or warning devices at or in the vicinity of any railroad crossing of a public highway owned by a county or incorporated city or town, based upon the showing of need resulting from a multidisciplinary study, whenever federal funds are available for such construction. The department of transportation is further authorized to supply a maximum of one percent (1%) of the funds required for such construction provided the county or incorporated city or town in which the construction will be performed complies with the necessary conditions for receipt of the balance of federal matching funds for such construction. (g) Notwithstanding any other law to the contrary, the department of transportation shall construct automatic warning devices at the railroad crossing at Tipton Station Road in southern Knox County. Acts 1974, ch. 646, §§ 1, 2; 1979, ch. 236, § 1; T.C.A., §§ 65-1113, 65-1115; Acts 1983, ch. 184, § 1; T.C.A., § 65-11-114 ; Acts 1996, ch. 912, § 1.
(a) (1) Within six (6) months after the occurrence of a fatality resulting from a collision between any railroad engine or train and a vehicle or pedestrian at any unmarked railroad grade crossing, where there are regularly scheduled trains, one hundred (100) or more vehicles cross daily and it is also a regular school bus crossing, and/or upon the order of the commissioner of transportation or the commissioner's designee, the railroad company responsible for maintaining the track and right-of-way at such grade crossing shall install or cause to be installed a railroad crossing marker with automatic flashing signal lights and a bell on either side of the tracks along such street, road or highway crossing such tracks, in such a manner that approaching motorists, riders or pedestrians may be warned of the hazard and alerted to watch for an oncoming train or engine. (2) A railroad company shall have six (6) months from the time of an order of the commissioner or the commissioner's designee in which to install or cause to be installed the automatic warning or protective devices required. If such devices are not installed and operative at the end of this period of time, and the commissioner has not granted an extension based on hardship or act of God, the speed of trains operating within one (1) mile in each direction of such crossing shall be restricted to not more than twenty-five (25) miles per hour. This restriction shall continue until the devices are fully operational.
(1) Within six (6) months after the occurrence of a fatality resulting from a collision between any railroad engine or train and a vehicle or pedestrian at any unmarked railroad grade crossing, where there are regularly scheduled trains, one hundred (100) or more vehicles cross daily and it is also a regular school bus crossing, and/or upon the order of the commissioner of transportation or the commissioner's designee, the railroad company responsible for maintaining the track and right-of-way at such grade crossing shall install or cause to be installed a railroad crossing marker with automatic flashing signal lights and a bell on either side of the tracks along such street, road or highway crossing such tracks, in such a manner that approaching motorists, riders or pedestrians may be warned of the hazard and alerted to watch for an oncoming train or engine.
(2) A railroad company shall have six (6) months from the time of an order of the commissioner or the commissioner's designee in which to install or cause to be installed the automatic warning or protective devices required. If such devices are not installed and operative at the end of this period of time, and the commissioner has not granted an extension based on hardship or act of God, the speed of trains operating within one (1) mile in each direction of such crossing shall be restricted to not more than twenty-five (25) miles per hour. This restriction shall continue until the devices are fully operational.
(b) (1) The cost of installing such signal devices shall be borne equally by the railroad company, the state of Tennessee, and the county, or the municipality, if such signal devices are installed within the corporate limits or the metropolitan government, where applicable. (2) Payment of the state's share shall be made as reimbursement of the railroad company of one-third (1/3) of the cost of such installation, by warrant of the commissioner of finance and administration upon the state treasury, after inspection of the site and certification by the commissioner of transportation or the commissioner's designee that such signal devices have been installed in compliance with this section; provided, that the railroad company has first submitted to the commissioner of finance and administration a sworn statement of the total costs incurred by the railroad company in installing such signal devices. (3) Payment of the municipality's or county's or metropolitan government's share of the costs shall similarly be made in accordance with the fiscal procedures of such municipality, county, or metropolitan government after receipt of a sworn statement from the railroad company of the total cost of the installations and verification of such installation by the appropriate municipal, county or metropolitan government official.
(1) The cost of installing such signal devices shall be borne equally by the railroad company, the state of Tennessee, and the county, or the municipality, if such signal devices are installed within the corporate limits or the metropolitan government, where applicable.
(2) Payment of the state's share shall be made as reimbursement of the railroad company of one-third (1/3) of the cost of such installation, by warrant of the commissioner of finance and administration upon the state treasury, after inspection of the site and certification by the commissioner of transportation or the commissioner's designee that such signal devices have been installed in compliance with this section; provided, that the railroad company has first submitted to the commissioner of finance and administration a sworn statement of the total costs incurred by the railroad company in installing such signal devices.
(3) Payment of the municipality's or county's or metropolitan government's share of the costs shall similarly be made in accordance with the fiscal procedures of such municipality, county, or metropolitan government after receipt of a sworn statement from the railroad company of the total cost of the installations and verification of such installation by the appropriate municipal, county or metropolitan government official.
(c) If any county, municipal or metropolitan government fails or refuses to reimburse the railroad company as provided in this section, the commissioner of finance and administration shall cause the necessary amount of money to be withheld from such county, municipal or metropolitan government any amount due such county, municipal or metropolitan government from the proceeds of the state gasoline tax and reimburse the railroad company using such funds otherwise due the county, municipal or metropolitan government. The Tennessee department of transportation shall be prohibited from adopting any rules or regulations which will circumvent the purposes of this section by setting incompatible criteria for determining priorities for the installation of railroad crossing signals.
(d) In the event federal funds are available to defray the cost of such installation in whole or in part, the federal rules then applicable shall determine the allocation of the costs of such installation.
(e) Any railroad company failing to comply with the requirements of subsections (a)-(d) is subject to a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each day of continued violation.
(f) The department of transportation is authorized to construct protective or warning devices at or in the vicinity of any railroad crossing of a public highway owned by a county or incorporated city or town, based upon the showing of need resulting from a multidisciplinary study, whenever federal funds are available for such construction. The department of transportation is further authorized to supply a maximum of one percent (1%) of the funds required for such construction provided the county or incorporated city or town in which the construction will be performed complies with the necessary conditions for receipt of the balance of federal matching funds for such construction.
(g) Notwithstanding any other law to the contrary, the department of transportation shall construct automatic warning devices at the railroad crossing at Tipton Station Road in southern Knox County.
Acts 1974, ch. 646, §§ 1, 2; 1979, ch. 236, § 1; T.C.A., §§ 65-1113, 65-1115; Acts 1983, ch. 184, § 1; T.C.A., § 65-11-114 ; Acts 1996, ch. 912, § 1.
Tenn. Code Ann. § 65-31-116 — TN Code / Title 65 / Chapter 31 / Section 65-31-116
Investigation of complaint of violation of chapter - Issuance of citations - Hearing - Appeal - Petition for review
Status: in_force

(a) Upon receipt of a complaint of a violation of this chapter, the executive committee shall initiate an investigation of the complaint by requesting that the Tennessee public utility commission designate an employee of the commission who will investigate the complaint at the executive committee's direction. (b) Any investigator acting at the direction of the executive committee may issue citations for violations of this chapter. Any citation may include a recommendation for the penalty to be assessed under § 65-31-112 . (c) If the person to whom the citation is issued under subsection (b) does not pay the citation or submit to ordered training, or both, within thirty (30) days, then the executive committee shall appoint a hearing officer to conduct a hearing and issue an initial order pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The hearing shall be held in the Nashville, Davidson County, offices of the Tennessee public utility commission at the time set forth in the citation notice of hearing. (d) An appeal of the initial order pursuant to § 4-5-315 shall be heard by the executive committee. (e) A person aggrieved by the final order may, within sixty (60) days, file a petition for judicial review pursuant to § 4-5-322 . In the case of a decision involving an excavation in proximity to underground facilities of a municipally-owned utility located in a county having a population of greater than three hundred thousand (300,000), according to the 2010 federal census or any subsequent federal census, the petition for review shall be filed in the chancery court located in that county. In all other cases, the petition for review shall be filed in the chancery court of Davidson County. (f) Nothing in this chapter shall grant the executive committee or the board jurisdiction over damage to utilities located above ground. Amended by 2018 Tenn. Acts, ch. 716,s 9, eff. 4/12/2018. Amended by 2017 Tenn. Acts, ch. 94,s 66, eff. 4/4/2017. Added by 2015 Tenn. Acts, ch. 488,s 8, eff. 5/20/2015.
(a) Upon receipt of a complaint of a violation of this chapter, the executive committee shall initiate an investigation of the complaint by requesting that the Tennessee public utility commission designate an employee of the commission who will investigate the complaint at the executive committee's direction.
(b) Any investigator acting at the direction of the executive committee may issue citations for violations of this chapter. Any citation may include a recommendation for the penalty to be assessed under § 65-31-112 .
(c) If the person to whom the citation is issued under subsection (b) does not pay the citation or submit to ordered training, or both, within thirty (30) days, then the executive committee shall appoint a hearing officer to conduct a hearing and issue an initial order pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The hearing shall be held in the Nashville, Davidson County, offices of the Tennessee public utility commission at the time set forth in the citation notice of hearing.
(d) An appeal of the initial order pursuant to § 4-5-315 shall be heard by the executive committee.
(e) A person aggrieved by the final order may, within sixty (60) days, file a petition for judicial review pursuant to § 4-5-322 . In the case of a decision involving an excavation in proximity to underground facilities of a municipally-owned utility located in a county having a population of greater than three hundred thousand (300,000), according to the 2010 federal census or any subsequent federal census, the petition for review shall be filed in the chancery court located in that county. In all other cases, the petition for review shall be filed in the chancery court of Davidson County.
(f) Nothing in this chapter shall grant the executive committee or the board jurisdiction over damage to utilities located above ground.
Amended by 2018 Tenn. Acts, ch. 716,s 9, eff. 4/12/2018.
Amended by 2017 Tenn. Acts, ch. 94,s 66, eff. 4/4/2017.
Added by 2015 Tenn. Acts, ch. 488,s 8, eff. 5/20/2015.
Tenn. Code Ann. § 65-21-102 — TN Code / Title 65 / Chapter 21 / Section 65-21-102
Railroad enabled to operate telegraph and telephone
Status: in_force

Any railroad company incorporated by or under the laws of or operating lines of railroad within this state, and operating telegraph and telephone lines in connection therewith, upon filing its assent to this chapter in the office of the secretary of state, shall thereby become clothed with the rights, powers, and duties provided by this chapter for telegraph and telephone companies, so as to enable telegraph or telephone companies to be operated by it. Acts 1885, ch. 66, § 12; Shan., § 1843; mod. Code 1932, § 3108; T.C.A. (orig. ed.), § 65-2102.
Any railroad company incorporated by or under the laws of or operating lines of railroad within this state, and operating telegraph and telephone lines in connection therewith, upon filing its assent to this chapter in the office of the secretary of state, shall thereby become clothed with the rights, powers, and duties provided by this chapter for telegraph and telephone companies, so as to enable telegraph or telephone companies to be operated by it.
Acts 1885, ch. 66, § 12; Shan., § 1843; mod. Code 1932, § 3108; T.C.A. (orig. ed.), § 65-2102.
Tenn. Code Ann. § 65-32-103 — TN Code / Title 65 / Chapter 32 / Section 65-32-103
"Utility" defined
Status: in_force

As used in this chapter, unless the context otherwise requires, "utility" means any utility which furnishes electricity, gas or water, or converts solid waste into heat, fuel or energy. Acts 1978, ch. 871, § 2; T.C.A., § 65-3403.
As used in this chapter, unless the context otherwise requires, "utility" means any utility which furnishes electricity, gas or water, or converts solid waste into heat, fuel or energy.
Acts 1978, ch. 871, § 2; T.C.A., § 65-3403.
Tenn. Code Ann. § 65-4-112 — TN Code / Title 65 / Chapter 4 / Section 65-4-112
Utilities leasing, merging, or consolidating property
Status: in_force

(a) No lease of its property, rights, or franchises, by any such public utility, and no merger or consolidation of its property, rights and franchises by any such public utility with the property, rights and franchises of any other such public utility of like character shall be valid until approved by the commission, even though power to take such action has been conferred on such public utility by the state or by any political subdivision of the state. (b) Any public utility as defined in § 65-4-101 , may, without the approval or consent of the state or the commission, or any other agency of the state, sell, lease, or otherwise dispose of any of its property, including, but without limitation, franchises, rights, facilities, and other assets, and its capital stock, to any of the nonutilities defined in § 65-4-101 . Acts 1919, ch. 49, § 6; Shan. Supp., § 3059a89; Code 1932, § 5452; Acts 1935, ch. 42, § 2; C. Supp. 1950, § 5448.1; impl. am. Acts 1955, ch. 69, § 1; Acts 1995, ch. 305, § 20.
(a) No lease of its property, rights, or franchises, by any such public utility, and no merger or consolidation of its property, rights and franchises by any such public utility with the property, rights and franchises of any other such public utility of like character shall be valid until approved by the commission, even though power to take such action has been conferred on such public utility by the state or by any political subdivision of the state.
(b) Any public utility as defined in § 65-4-101 , may, without the approval or consent of the state or the commission, or any other agency of the state, sell, lease, or otherwise dispose of any of its property, including, but without limitation, franchises, rights, facilities, and other assets, and its capital stock, to any of the nonutilities defined in § 65-4-101 .
Acts 1919, ch. 49, § 6; Shan. Supp., § 3059a89; Code 1932, § 5452; Acts 1935, ch. 42, § 2; C. Supp. 1950, § 5448.1; impl. am. Acts 1955, ch. 69, § 1; Acts 1995, ch. 305, § 20.
Tenn. Code Ann. § 65-28-203 — TN Code / Title 65 / Chapter 28 / Section 65-28-203
Construction and operation of landfill methane facility
Status: in_force

Any person, with the consent of the owner of any landfill where landfill methane may be produced, and in compliance with all applicable laws, may construct and operate a facility for extracting, purifying, dehydrating, or otherwise treating landfill methane, for the purpose of preparing such landfill methane for transportation and sale to any person for use as a substitute for natural gas. No person constructing or operating any such facility or transporting or selling any landfill methane produced or treated in any such facility to any other person shall be considered to be engaged in the retail distribution of natural gas to the maximum extent of operations, transportation, or sale of all landfill methane volumes produced, transported, and sold, wherever such volumes may be sold and delivered, and whether or not such landfill methane is combined or intermixed after production with natural gas for transportation or sale. Acts 2005, ch. 361, § 4.
Any person, with the consent of the owner of any landfill where landfill methane may be produced, and in compliance with all applicable laws, may construct and operate a facility for extracting, purifying, dehydrating, or otherwise treating landfill methane, for the purpose of preparing such landfill methane for transportation and sale to any person for use as a substitute for natural gas. No person constructing or operating any such facility or transporting or selling any landfill methane produced or treated in any such facility to any other person shall be considered to be engaged in the retail distribution of natural gas to the maximum extent of operations, transportation, or sale of all landfill methane volumes produced, transported, and sold, wherever such volumes may be sold and delivered, and whether or not such landfill methane is combined or intermixed after production with natural gas for transportation or sale.
Acts 2005, ch. 361, § 4.
Tenn. Code Ann. § 65-1-106 — TN Code / Title 65 / Chapter 1 / Section 65-1-106
Travel reimbursement for employees subject to comprehensive travel regulations
Status: in_force

All employees of the Tennessee public utility commission shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1995, ch. 305, § 5; T.C.A. § 65-1-206.
All employees of the Tennessee public utility commission shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1995, ch. 305, § 5; T.C.A. § 65-1-206.
Tenn. Code Ann. § 65-29-112 — TN Code / Title 65 / Chapter 29 / Section 65-29-112
Officers
Status: in_force

The officers of a cooperative shall consist of a president, vice president, secretary, and treasurer, who shall be elected annually by and from the board of directors. No person shall continue to hold any of the above offices after having ceased to be a director. The offices of secretary and of treasurer may be held by the same person. The board of directors may also elect or appoint such other officers, agents, or employees as it shall deem necessary or advisable and shall prescribe the powers and duties of such officers, agents, or employees. Any officer may be removed from office and a successor elected in the manner prescribed in the bylaws. Acts 1961, ch. 330, § 11; T.C.A., § 65-2912.
The officers of a cooperative shall consist of a president, vice president, secretary, and treasurer, who shall be elected annually by and from the board of directors. No person shall continue to hold any of the above offices after having ceased to be a director. The offices of secretary and of treasurer may be held by the same person. The board of directors may also elect or appoint such other officers, agents, or employees as it shall deem necessary or advisable and shall prescribe the powers and duties of such officers, agents, or employees. Any officer may be removed from office and a successor elected in the manner prescribed in the bylaws.
Acts 1961, ch. 330, § 11; T.C.A., § 65-2912.
Tenn. Code Ann. § 65-3-120 — TN Code / Title 65 / Chapter 3 / Section 65-3-120
Civil and criminal suits
Status: in_force

(a) The circuit, chancery courts and courts of general sessions have jurisdiction of all suits of a civil nature arising under this chapter and chapter 5 of this title, according to the nature of the suit and the amount involved, and the circuit and criminal courts have jurisdiction of all criminal proceedings so arising. (b) The district attorney general of the judicial district in which the suit is to be instituted shall prosecute suits so brought in the name of the state. (c) The department of transportation shall report all such violations with the facts in its possession to such district attorney general and request the district attorney general to institute the proper proceedings. (d) All suits between the state and any such company shall have precedence in all courts over all other suits pending therein, and the judges of the courts are directed to advance such suits on their dockets. Acts 1897, ch. 10, §§ 26, 27; Shan., §§ 3059a56, 3059a61, 3059a63, 3059a64; Code 1932, §§ 5432, 5437, 5439, 5440; impl. am. Acts 1979, ch. 68, § 3; modified; T.C.A. (orig. ed.), §§ 65-325 -- 65-328; Acts 1995, ch. 305, § 10.
(a) The circuit, chancery courts and courts of general sessions have jurisdiction of all suits of a civil nature arising under this chapter and chapter 5 of this title, according to the nature of the suit and the amount involved, and the circuit and criminal courts have jurisdiction of all criminal proceedings so arising.
(b) The district attorney general of the judicial district in which the suit is to be instituted shall prosecute suits so brought in the name of the state.
(c) The department of transportation shall report all such violations with the facts in its possession to such district attorney general and request the district attorney general to institute the proper proceedings.
(d) All suits between the state and any such company shall have precedence in all courts over all other suits pending therein, and the judges of the courts are directed to advance such suits on their dockets.
Acts 1897, ch. 10, §§ 26, 27; Shan., §§ 3059a56, 3059a61, 3059a63, 3059a64; Code 1932, §§ 5432, 5437, 5439, 5440; impl. am. Acts 1979, ch. 68, § 3; modified; T.C.A. (orig. ed.), §§ 65-325 -- 65-328; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-12-108 — TN Code / Title 65 / Chapter 12 / Section 65-12-108
Locomotive operator must carry engineer's operator permit
Status: in_force

Every person who operates a railroad locomotive in this state shall carry on such operator's person while operating such locomotive an engineer's operator permit. Code 1858, § 1166 (deriv. Acts 1855-1856, ch. 94, §§ 1, 5-9; 1857-1858, ch. 44, § 3); Shan., § 1574; impl. am. Acts 1921, ch. 41, § 2; Acts 1925, ch. 133, § 1; mod. Code 1932, § 2628; Acts 1959, ch. 130, § 1; 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-1208; Acts 1982, ch. 632, § 1.
Every person who operates a railroad locomotive in this state shall carry on such operator's person while operating such locomotive an engineer's operator permit.
Code 1858, § 1166 (deriv. Acts 1855-1856, ch. 94, §§ 1, 5-9; 1857-1858, ch. 44, § 3); Shan., § 1574; impl. am. Acts 1921, ch. 41, § 2; Acts 1925, ch. 133, § 1; mod. Code 1932, § 2628; Acts 1959, ch. 130, § 1; 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 65-1208; Acts 1982, ch. 632, § 1.
Tenn. Code Ann. § 65-19-206 — TN Code / Title 65 / Chapter 19 / Section 65-19-206
Additional registration fees
Status: in_force

The additional registration fees imposed by § 55-4-112 do not apply to any passenger motor vehicle used in a ridesharing arrangement, regardless of any compensation paid to the owner or driver of such a vehicle, unless the vehicle is also used to transport passengers for hire for other purposes. Acts 1984, ch. 557, § 6.
The additional registration fees imposed by § 55-4-112 do not apply to any passenger motor vehicle used in a ridesharing arrangement, regardless of any compensation paid to the owner or driver of such a vehicle, unless the vehicle is also used to transport passengers for hire for other purposes.
Acts 1984, ch. 557, § 6.
Tenn. Code Ann. § 65-33-104 — TN Code / Title 65 / Chapter 33 / Section 65-33-104
Withdrawal from plan by customer
Status: in_force

A participating customer may withdraw from the payment-averaging program at any time by giving notice to the utility. When a customer leaves the program, the actual use by that customer up to that point shall be determined and, at the next billing date, the customer shall receive either a credit to the account or, upon written request, a payment in case of overestimated payment or shall pay the utility any amount not covered by that customer's averaged monthly payments. Acts 1978, ch. 615, § 4; T.C.A., § 65-3504.
A participating customer may withdraw from the payment-averaging program at any time by giving notice to the utility. When a customer leaves the program, the actual use by that customer up to that point shall be determined and, at the next billing date, the customer shall receive either a credit to the account or, upon written request, a payment in case of overestimated payment or shall pay the utility any amount not covered by that customer's averaged monthly payments.
Acts 1978, ch. 615, § 4; T.C.A., § 65-3504.
Tenn. Code Ann. § 65-3-117 — TN Code / Title 65 / Chapter 3 / Section 65-3-117
Depositions
Status: in_force

The department of transportation shall, in all cases, have a right in its discretion to issue proper process and take depositions instead of compelling personal attendance of witnesses. Acts 1897, ch. 10, § 10; Shan., § 3059a34; Code 1932, § 5410; T.C.A. (orig. ed.), § 65-319; Acts 1995, ch. 305, § 10.
The department of transportation shall, in all cases, have a right in its discretion to issue proper process and take depositions instead of compelling personal attendance of witnesses.
Acts 1897, ch. 10, § 10; Shan., § 3059a34; Code 1932, § 5410; T.C.A. (orig. ed.), § 65-319; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-30-112 — TN Code / Title 65 / Chapter 30 / Section 65-30-112
Penalty
Status: in_force

Any person or the officer, agent or employee of any organization who willfully violates any provisions of this chapter or of any rule, regulation or order adopted thereunder, or who willfully procures, aids or abets any violation of such a provision, commits a Class C misdemeanor. Each day's violation is a separate offense. Acts 1972, ch. 641, § 14; T.C.A., § 65-3014; Acts 1989, ch. 591, § 113.
Any person or the officer, agent or employee of any organization who willfully violates any provisions of this chapter or of any rule, regulation or order adopted thereunder, or who willfully procures, aids or abets any violation of such a provision, commits a Class C misdemeanor. Each day's violation is a separate offense.
Acts 1972, ch. 641, § 14; T.C.A., § 65-3014; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 65-2-117 — TN Code / Title 65 / Chapter 2 / Section 65-2-117
Replies to petitions for rehearing
Status: in_force

Copies of a petition for rehearing shall be served on all parties of record who may file replies to such petition. Acts 1953, ch. 162, § 16 (Williams, § 5501.39); T.C.A. (orig. ed.), § 65-217.
Copies of a petition for rehearing shall be served on all parties of record who may file replies to such petition.
Acts 1953, ch. 162, § 16 (Williams, § 5501.39); T.C.A. (orig. ed.), § 65-217.
Tenn. Code Ann. § 65-3-122 — TN Code / Title 65 / Chapter 3 / Section 65-3-122
Limitation of actions
Status: in_force

All prosecutions or actions under this chapter and chapter 5 of this title shall be commenced within one (1) year after the offense has been committed or the cause of action has accrued, or the same shall be barred. Acts 1897, ch. 10, § 26; Shan., § 3059a58; Code 1932, § 5434; T.C.A. (orig. ed.), § 65-330; Acts 1995, ch. 305, § 10.
All prosecutions or actions under this chapter and chapter 5 of this title shall be commenced within one (1) year after the offense has been committed or the cause of action has accrued, or the same shall be barred.
Acts 1897, ch. 10, § 26; Shan., § 3059a58; Code 1932, § 5434; T.C.A. (orig. ed.), § 65-330; Acts 1995, ch. 305, § 10.
Tenn. Code Ann. § 65-6-206 — TN Code / Title 65 / Chapter 6 / Section 65-6-206
Clearance of articles stored near tracks
Status: in_force

No merchandise, material or other articles shall be placed or permitted to remain either on the ground or on the platforms adjacent to any track at a distance less than eight feet (8') from the center line of track; provided, that this provision does not apply to materials to be used in the repair, replacement or maintenance of the tracks. Acts 1949, ch. 178, § 6; C. Supp. 1950, § 2670.6; T.C.A. (orig. ed.), § 65-628.
No merchandise, material or other articles shall be placed or permitted to remain either on the ground or on the platforms adjacent to any track at a distance less than eight feet (8') from the center line of track; provided, that this provision does not apply to materials to be used in the repair, replacement or maintenance of the tracks.
Acts 1949, ch. 178, § 6; C. Supp. 1950, § 2670.6; T.C.A. (orig. ed.), § 65-628.
Tenn. Code Ann. § 65-2-116 — TN Code / Title 65 / Chapter 2 / Section 65-2-116
Grounds for rehearing
Status: in_force

A petition for rehearing will lie only for the following grounds: (1) Some material error of law committed by the commission; (2) Some material error of fact committed by the commission; or (3) The discovery of new evidence sufficiently strong to reverse or modify the commission's order, and which could not have been previously discovered by due diligence. Acts 1953, ch. 162, § 15 (Williams, § 5501.38); T.C.A. (orig. ed.), § 65-216; Acts 1995, ch. 305, § 9.
A petition for rehearing will lie only for the following grounds:
(1) Some material error of law committed by the commission;
(2) Some material error of fact committed by the commission; or
(3) The discovery of new evidence sufficiently strong to reverse or modify the commission's order, and which could not have been previously discovered by due diligence.
Acts 1953, ch. 162, § 15 (Williams, § 5501.38); T.C.A. (orig. ed.), § 65-216; Acts 1995, ch. 305, § 9.