reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 21 - TELEGRAPHS AND TELEPHONES (§§ 65-21-101 — 65-21-205) › Part 1 - GENERAL PROVISIONS (§§ 65-21-101 — 65-21-117) › Section 65-21-110 - Damage to equipment - Impairment of service - Unauthorized connections

(a)
It is unlawful for any person to damage or obstruct any telegraph or telephone poles, wires, fixtures, or other apparatus or appliances, or to impede or impair the service of any telegraph or telephone line; or to connect by wire, or other means, with any such line, so as to hear, or be in a position to hear, messages going over such line or lines, or for the purpose of getting any service over the line or lines, without first procuring the consent of the owner or owners of the line, or the duly authorized agent of same.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1921, ch. 59, §§ 1, 2; Shan. Supp., §§ 1840a4, 1840a5; mod. Code 1932, §§ 3103, 3104; T.C.A. (orig. ed.), §§ 65-2117, 65-2118; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 21 - TELEGRAPHS AND TELEPHONES (§§ 65-21-101 — 65-21-205) › Part 1 - GENERAL PROVISIONS (§§ 65-21-101 — 65-21-117) › Section 65-21-111 - Warrants against offenders

It is the duty of any judge of the court of general sessions who knows of any offenses under this chapter to forthwith issue a warrant for the arrest of such person, and have such offender brought before the judge for trial.
Acts 1897, ch. 60, § 2; Shan., § 1840a2; Code 1932, § 3105; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 65-2119.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 21 - TELEGRAPHS AND TELEPHONES (§§ 65-21-101 — 65-21-205) › Part 1 - GENERAL PROVISIONS (§§ 65-21-101 — 65-21-117) › Section 65-21-112 - Failure to relinquish telephone line for emergency call

(a)
Any person who fails to relinquish a telephone party line or a public pay telephone after having been requested to do so to permit another to place an emergency call to a fire department or police department, or for medical aid or ambulance service, commits a Class C misdemeanor.
(b)
It is a defense to a prosecution under this section that the accused did not know or did not have reason to know of the emergency in question, or that the accused was also using the telephone party line or public pay telephone for such an emergency call.
(c)
Any person who requests another to relinquish a telephone party line or a public pay telephone on the pretext that such person must place an emergency call, knowing such pretext to be false, commits a Class C misdemeanor.
(d)
Every telephone company doing business in this state shall print a statement of the substance of this section in a permanent place in each telephone directory published by it.
Acts 1955, ch. 272, §§ 1-3; T.C.A. (orig. ed.), §§ 65-2120 -- 65-2122; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 21 - TELEGRAPHS AND TELEPHONES (§§ 65-21-101 — 65-21-205) › Part 1 - GENERAL PROVISIONS (§§ 65-21-101 — 65-21-117) › Section 65-21-113 - Officer's right to cut, reroute or divert telephone lines in any emergency involving a barricaded person

(a)
Notwithstanding any law to the contrary, the chief law enforcement officer of any county, city or town, or such law enforcement officer's designee, may by written request require a telephone company employee designated by the company to cut, reroute or divert telephone lines in any emergency where a person or persons barricade themselves, or where a hostage or hostages are being held to prevent telephone communication by the holder of such hostage or hostages with any person other than a law enforcement officer or person authorized by such officer. Good faith reliance on an order issued by the chief law enforcement officer of any county, city or town, or such officer's designee, constitutes a defense to any action brought against a telephone company arising out of attempts by the telephone company to comply with such order.
(b)
For the purpose of this section, a barricaded person is one who, by obstruction, barrier or otherwise, makes that person inaccessible and who constitutes a threat to the life, safety or property of that person or others.
Acts 1992, ch. 585, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 21 - TELEGRAPHS AND TELEPHONES (§§ 65-21-101 — 65-21-205) › Part 1 - GENERAL PROVISIONS (§§ 65-21-101 — 65-21-117) › Section 65-21-114 - Toll-free telephone service within counties

(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.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 21 - TELEGRAPHS AND TELEPHONES (§§ 65-21-101 — 65-21-205) › Part 1 - GENERAL PROVISIONS (§§ 65-21-101 — 65-21-117) › Section 65-21-115 - Funding for the Tennessee relay services/telecommunications devices access program - Legislative intent - Operation

(a)
Funding for the Tennessee relay services/telecommunications devices access program (TRS/TDAP) programs shall be provided by the state emergency communications board. Such funding shall not exceed the total cost of the TRS/TDAP program in 2012 unless approved by the fiscal review committee.
(b)
The Tennessee public utility commission may create a reserve for the TRS/TDAP program which shall not exceed one million dollars ($1,000,000) in any given year.
(c)
It is the legislative intent that the TRS/TDAP program be designed with consideration of fair distribution of equipment that is technologically available and economically feasible to be provided to assist individuals with any disability using the basic telephone network.
(d)
The administrative cost of the Tennessee public utility commission to implement this section shall come from the funding described in subsection (a).
(e)
The Tennessee public utility commission is authorized to promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section.
Amended by 2017 Tenn. Acts, ch. 94,s 56, eff. 4/4/2017.
Amended by 2014 Tenn. Acts, ch. 795,s 12, eff. 1/1/2015.
Acts 1999, ch. 417, § 1; 2004, ch. 912, § 2.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 21 - TELEGRAPHS AND TELEPHONES (§§ 65-21-101 — 65-21-205) › Part 1 - GENERAL PROVISIONS (§§ 65-21-101 — 65-21-117) › Section 65-21-116 - Construction of wireless communications tower

A cellular or other wireless telecommunications service provider or other person who proceeds to construct a new tower shall submit the following information to the comptroller of the treasury:
(1)
The location of the tower site which shall include the county and the municipality, if appropriate, and the parcel identification number used by the local assessor for property tax purposes, and the street address;
(2)
Directions to the tower site;
(3)
A copy of a document evidencing the interest in the property on which the tower has been approved; and
(4)
The name, mailing address and telephone number of the person responsible for the ad valorem property tax on the tower.
Acts 2000, ch. 951, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 21 - TELEGRAPHS AND TELEPHONES (§§ 65-21-101 — 65-21-205) › Part 1 - GENERAL PROVISIONS (§§ 65-21-101 — 65-21-117) › Section 65-21-117 - Interference with emergency calls

(a)
An individual commits an offense if the individual knowingly prevents another individual from placing a telephone call to 911 or from requesting assistance in an emergency from a law enforcement agency, medical facility, or other agency or entity the primary purpose of which is to provide for the safety of individuals.
(b)
An individual commits an offense if the individual intentionally renders unusable a telephone that would otherwise be used by another individual to place a telephone call to 911 or to request assistance in an emergency from a law enforcement agency, medical facility, or other agency or entity, the primary purpose of which is to provide for the safety of individuals.
(c)
An offense under this section is a Class A misdemeanor.
(d)
In this section, "emergency" means a condition or circumstance in which any individual is or is reasonably believed by the individual making a telephone call to be in fear of imminent assault or in which property is or is reasonably believed by the individual making the telephone call to be in imminent danger of damage or destruction.
Acts 2012, ch. 1003, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 21 - TELEGRAPHS AND TELEPHONES (§§ 65-21-101 — 65-21-205) › Part 2 - RIGHTS-OF-WAY (§§ 65-21-201 — 65-21-205) › Section 65-21-201 - Rights-of-way authorized

Any person or corporation organized for the purpose of transmitting intelligence by magnetic telegraph or telephone, or other system of transmitting intelligence the equivalent thereof, which may be invented or discovered, may construct, operate, and maintain such telegraph, telephone, or other lines necessary for the speedy transmission of intelligence, along and over the public highways and streets of cities and towns, or across and under the waters, and over any lands or public works belonging to this state, and on and over the lands of private individuals, and upon, along, and parallel to any of the railroads, and on and over the bridges, trestles, or structures of such railroads.
Acts 1885, ch. 66, § 1; Shan., § 1830; mod. Code 1932, § 3094; T.C.A. (orig. ed.), § 65-2105.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 21 - TELEGRAPHS AND TELEPHONES (§§ 65-21-101 — 65-21-205) › Part 2 - RIGHTS-OF-WAY (§§ 65-21-201 — 65-21-205) › Section 65-21-202 - Obstruction of public ways prohibited

The ordinary use of such public highways, streets, works, railroads, bridges, trestles, or structures shall not be thereby obstructed, nor the navigation of such waters impeded, and just damages shall be paid to the owners of such lands, railroads, and turnpikes, by reason of the occupation of the lands, railroads, and turnpikes by the telegraph or telephone corporations.
Acts 1885, ch. 66, § 1; Shan., § 1831; Code 1932, § 3095; T.C.A. (orig. ed.), § 65-2106.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 21 - TELEGRAPHS AND TELEPHONES (§§ 65-21-101 — 65-21-205) › Part 2 - RIGHTS-OF-WAY (§§ 65-21-201 — 65-21-205) › Section 65-21-203 - No exclusive rights permitted

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.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 21 - TELEGRAPHS AND TELEPHONES (§§ 65-21-101 — 65-21-205) › Part 2 - RIGHTS-OF-WAY (§§ 65-21-201 — 65-21-205) › Section 65-21-204 - Condemnation

In the event such telegraph or telephone companies should fail, upon application to such individuals, railroads, companies, to secure such right-of-way, by consent, contract, or agreement, then such telegraph or telephone corporations shall have the right to proceed to procure the condemnation of such property, lands, rights, privileges, and easements, in the manner prescribed by law for taking private property for works of internal improvement.
Acts 1885, ch. 66, § 2; Shan., § 1832; Code 1932, § 3096; T.C.A. (orig. ed.), § 65-2108.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 21 - TELEGRAPHS AND TELEPHONES (§§ 65-21-101 — 65-21-205) › Part 2 - RIGHTS-OF-WAY (§§ 65-21-201 — 65-21-205) › Section 65-21-205 - Construction of lines - Liability for damages

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.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 22 - LIGHT, HEAT AND POWER COMPANIES (§§ 65-22-101 — 65-22-106) › Section 65-22-102 - Dams in navigable streams

(a)
There shall be placed and maintained, in connection with the corporation's dam or dams and other works in navigable rivers and streams of this state, within the limits of navigation in such streams and rivers, a sluiceway, lock, or other fixture sufficient and so arranged as to permit logs, timber, lumber, and boats to pass around, through, or over the dam or dams or other works without unreasonable delay or hindrance, and without toll or charges.
(b)
Before the work is commenced in such navigable rivers and streams within the limits of navigation in such rivers and streams, the plans and details thereof shall be submitted to the secretary of the army of the United States for the secretary's approval. The secretary may at any time require such changes and alterations to be made in such works, at the expense of the corporation, as are deemed advisable and necessary in the interest of navigation.
(c)
The work permitted in this section to be done in navigable waters shall be subject to the supervision and approval of the engineer officer of the United States army in charge of the locality.
Acts 1895, ch. 208, §§ 1, 2; 1901, ch. 144, § 1; Shan., §2485; mod. Code 1932, §§ 3937-3939; modified; T.C.A. (orig. ed.), §§ 65-2202 -- 65-2204.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 22 - LIGHT, HEAT AND POWER COMPANIES (§§ 65-22-101 — 65-22-106) › Section 65-22-103 - Wires, conduits, conductors, pipes, and pipelines

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.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 22 - LIGHT, HEAT AND POWER COMPANIES (§§ 65-22-101 — 65-22-106) › Section 65-22-104 - Contracts for services

Such corporation may also contract with cities, towns, and villages, and with persons, for supplying them with water, light, heat, electricity, electrical and mechanical powers, and any other article or thing which it may produce or handle.
Acts 1909, ch. 127, § 4; Shan., § 2489a4; Code 1932, § 3941; T.C.A. (orig. ed.), § 65-2206.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 22 - LIGHT, HEAT AND POWER COMPANIES (§§ 65-22-101 — 65-22-106) › Section 65-22-105 - Manufacture and sale of ice or other products

(a)
Corporations for the purpose of engaging in the business of generating and furnishing electric light or power, may engage in the business of manufacturing and selling, at wholesale or retail, ice, or other products.
(b)
Such electric light and power corporations, as exercise the power given by subsection (a), shall pay the same privilege taxes therefor on such manufacturing and retail or wholesale trade of manufactured products as other corporations incorporated for such manufacturing purposes are required to pay, in addition to the privilege taxes required by law for engaging in the electric light and power business.
Acts 1921, ch. 148, §§ 1, 2; Shan. Supp., §§2485a1, 2485a2; mod. Code 1932, §§ 3943, 3944; T.C.A. (orig. ed.), §§ 65-2207, 65-2208.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 22 - LIGHT, HEAT AND POWER COMPANIES (§§ 65-22-101 — 65-22-106) › Section 65-22-106 - Consolidation

A corporation organized to engage in the business of a water company, may combine in its charter the powers, duties and liabilities of a lighting and power company, and engage in the latter business; and vice versa.
Mod. Code 1932, § 4075; T.C.A. (orig. ed.), § 65-2209.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-101 - Short title - Legislative findings

(a)
This chapter shall be known and may be cited as the "Rural Electric and Community Services Cooperative Act."
(b)
(1)
The general assembly finds that rural electric cooperatives, since their inception fifty (50) years ago, have proved to be ideal business organizations in providing adequate and reliable electric services at reasonable rates throughout the rural communities of Tennessee. There are growing needs and demands for other comparable utility services in Tennessee's rural communities, including the need for television reception and programming services which are already available, for the most part, in the state's urban areas. As proved to be the case in providing electric service in rural communities, it is vital that the area coverage principle be applied in providing other utility services in the more sparsely settled areas of the state. It is, therefore, in the public's best interest that rural electric cooperatives be empowered to provide such services and that new cooperatives may be organized for such purposes.
(2)
The general assembly finds that unfair and unwelcomed efforts may be made in Tennessee, as they recently have in other states, whereby absentee-owned profit power companies will attempt the acquisition of properties and the take-over of the businesses of rural electric cooperatives, and thereby disrupt Tennessee's long-standing and successful policy of providing rural electric services through nonprofit, cooperative organizations. It is, therefore, in the public's best interest that laws affecting such efforts will provide fair and equitable due process procedures and standards so as to ensure that such acquisitions will not be accomplished if inimical to the best interests of the rural citizens who will be affected.
(3)
The general assembly further finds that Tennessee statutes currently governing electric cooperatives have not been comprehensively revised since their initial enactment. It is, therefore, in the public interest that cooperative business organizations, their respective members and the rural communities of the state would be better served by updating such statutes to make them more compatible with changed conditions and to appropriately reconcile such statutes with the new Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68.
Acts 1988, ch. 689, §§ 1, 2; T.C.A. §
65-25-201
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-103 - Nonprofit organization and operation

Electric cooperatives heretofore incorporated under the former "Electric Cooperative Law" or hereafter incorporated under this chapter shall be organized and operated on a nonprofit basis and without pecuniary gain, and shall furnish their services on an area coverage basis at the lowest cost consistent with sound business principles.
Acts 1988, ch. 689, § 2; T.C.A. §
65-25-203
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-106 - Bylaws

(a)
The original bylaws of a cooperative shall be adopted by its board. Thereafter, bylaws shall be changed by adoption, amendment, or repeal by its members, except that:
(1)
The members may, by bylaw provision, delegate to the board the power to change all or any specified provision of the bylaws, but such delegation shall not forfeit or restrict the right of the members thereafter to change such provision, whether or not the board has theretofore exercised such delegated power; and
(2)
Either the board or the members of a cooperative may change any bylaw when, as established by law, such bylaw is illegal or has become a legal nullity.
(b)
A bylaw may not be changed unless a copy or an accurate summary explanation thereof is contained in or with the notice of the member or board meeting at which it is to be acted upon; a proposed change so noticed may be amended from the floor of a board meeting if the floor amendment is germane thereto, but it may not be so amended from the floor of a member meeting unless such floor amendment is germane thereto and the bylaws provide that such floor amendment is allowable. Except as may otherwise be determined by the board, a change of the bylaws proposed by individual members shall not be so noticed to or acted upon by the members at a member meeting unless a petition setting forth with particularity the wording of the proposed change shall be filed with the cooperative over the signatures of as many as, but no less than, fifty (50) members at least forty-five (45) days prior to the date of such member meeting; provided, that the board need not notice any bylaw change proposed by such a petition if it determined that, if adopted, the change would be illegal or a legal nullity. The time of the effectiveness of any change shall be as determined by its own wording or as fixed in the wording of the resolution by which it is adopted.
Acts 1988, ch. 689, § 2; T.C.A. §
65-25-206
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-108 - Election of directors by districts

(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
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-109 - Election of directors by member cooperatives

The bylaws of a cooperative whose membership consists wholly of one (1) or more other cooperatives shall provide for the manner of nominating and electing its directors, and the bylaws may provide that directors shall be elected from among the members, directors, officers or executive or administrative employees of member cooperatives and/or that its directors shall be either nominated or elected or appointed solely by such member cooperatives' boards.
Acts 1988, ch. 689, § 2; T.C.A. §
65-25-209
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-110 - Officers of cooperative

(a)
The principal officers of a cooperative shall consist of a president and/or chair, vice president and/or vice chair, secretary, and treasurer, who shall be elected annually by and from the board. 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.
(b)
The board may also elect or appoint such other officers, agents or employees as it shall deem necessary or advisable and shall prescribe their powers and duties.
(c)
Subject to the removal of directors as may be provided for in the bylaws, any officer elected or appointed by the board may by the board be removed from such office and a successor elected or appointed whenever the board determines that such action is in the cooperative's best interests.
Acts 1988, ch. 689, § 2; T.C.A. §
65-25-210
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-114 - Other disposition, lease or encumbrance of assets and properties

(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
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-115 - Directors, officers or members may take acknowledgments

No person who is authorized to take acknowledgments under the laws of this state shall be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which it is a party by reason of being a director, officer or member of such cooperative.
Acts 1988, ch. 689, § 2; T.C.A. §
65-25-215
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-116 - Recordation of mortgages - Priority

(a)
Any mortgage, deed of trust, or other instrument executed by a cooperative which, by its terms, creates a lien upon real and personal property, then owned or after-acquired, and which is recorded as a mortgage of real property in any county in which such property is located or is to be located, shall have the same force and effect as if the mortgage, deed of trust, or other instrument were also recorded or filed in the proper office in such county as a mortgage of personal property.
(b)
Recordation of any such mortgage, deed of trust, or other instrument shall cause the lien thereof to attach to all after-acquired property of the mortgagor of the nature therein described as being mortgaged or pledged thereby immediately upon the acquisition of such property by the mortgagor, and such lien shall be superior to all claims of creditors of the mortgagor and purchasers of such property and to all other liens, except liens of prior record and tax liens, affecting such property.
Acts 1988, ch. 689, § 2; T.C.A. §
65-25-216
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-117 - Consolidation

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 and proposed articles of consolidation to give effect thereto shall be first approved by the board of each consolidating cooperative or by the board or boards of one (1) or more other cooperatives when proposed by at least three hundred (300) members of a cooperative in the manner provided by §
65-25-113(a)(2)(D)
. 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 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
(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 and the proposed articles of consolidation shall then be submitted to a vote of the members of each consolidating cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed consolidation. The proposed consolidation and proposed articles of consolidation shall be approved upon receiving the affirmative votes of as many as, but not fewer than, two-thirds (2/3) of those members of each consolidating cooperative voting thereon at each such meeting; and
(3)
Upon such approvals, 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 attested by its secretary, who shall affix the cooperative seal thereto if it has and employs such a seal. The presidents or vice presidents shall also make and annex thereto affidavits stating that this section was duly complied with by their respective cooperatives. Such articles of consolidation and affidavits shall be submitted to the secretary of state for filing as provided in this chapter.
Acts 1988, ch. 689, § 2; T.C.A. §
65-25-217
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-118 - Merger

One (1) or more cooperatives, each of which is hereinafter designated a "merging cooperative," may merge into another cooperative, hereinafter designated the "surviving cooperative," by complying with the following requirements:
(1)
The proposition for the merger and proposed articles of merger to give effect thereto shall be first approved by the board of each merging cooperative, or by the board or boards of one (1) or more other cooperatives when proposed by at least three hundred (300) members of a cooperative in the manner provided by §
65-25-113(a)(2)(D)
and by the board of the surviving cooperative. The proposed articles of merger shall recite in the caption that they are executed pursuant to this chapter and shall state:
(A)
The name of each merging cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state;
(B)
The name of the surviving cooperative and the address of its principal office;
(C)
A statement that the merging cooperatives elect to be merged into the surviving cooperative;
(D)
The terms and conditions of the merger and the mode of carrying the same into effect, including the manner and basis of converting the memberships in the merging cooperative or cooperatives into memberships in the surviving cooperative; and
(E)
Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the surviving cooperative;
(2)
The proposition for the merger and the proposed articles of merger shall then be submitted to a vote of the members of each merging cooperative and of the surviving cooperative at any annual or special meeting of the members thereof, the notice of which shall set forth full particulars concerning the proposed merger. The proposed merger and the proposed articles of merger shall be approved upon receiving the affirmative votes of as many as, but not fewer than, two-thirds (2/3) of those members of each cooperative voting thereon at each such meeting; and
(3)
Upon such approvals, articles of merger in the form approved shall be executed and acknowledged on behalf of each such cooperative by its president or vice president and attested by its secretary, who shall affix the cooperative's seal thereto if it has and employs such a seal. The president or vice president shall also make and annex thereto affidavits stating that this section was duly complied with by such person's respective cooperative. Such articles of merger and affidavits shall be submitted to the secretary of state for filing as provided in this chapter.
Acts 1988, ch. 689, § 2; T.C.A. §
65-25-218
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-119 - Effect of consolidation or merger

The effect of consolidation or merger shall be as follows:
(1)
The several cooperatives which are parties to the consolidation or merger shall be a single cooperative, which, in the case of a consolidation, shall be the new cooperative provided for in the articles of consolidation, and, in the case of a merger, shall be that cooperative designated in the articles of merger as the surviving cooperative, and the separate existence of all such cooperatives, except the new or surviving cooperative, shall cease;
(2)
Such new or surviving cooperatives shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a cooperative organized under this chapter, and shall possess all the rights, privileges, immunities and franchises, as well of a public as of a private nature, and all property, real and personal, applications for membership, all debts due on whatever account, and all other choses in action, of each of the consolidating or merging cooperatives. Furthermore, all and every interest of, or belonging or due to, each of the cooperatives so consolidated or merged shall be taken and deemed to be transferred to and vested in such new or surviving cooperative without further act or deed; and the title to any real estate, or any interest therein, under the laws of this state, vested in any such cooperatives shall not revert or be in any way impaired by such consolidation or merger;
(3)
Such new or surviving cooperative shall thenceforth be responsible and liable for all of the liabilities and obligations of each of the cooperatives so consolidated or merged, and any claim existing, or action or proceeding pending, by or against any of such cooperatives, may be prosecuted as if such consolidation or merger had not taken place, but such new or surviving cooperative may be substituted in its place;
(4)
Neither the rights of creditors nor any liens upon the property of any such cooperatives shall be impaired by such consolidation or merger; and
(5)
In the case of a consolidation, the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperatives; and in the case of a merger, the articles of incorporation of the surviving cooperative shall be deemed to be amended to the extent, if any, that changes in the articles of incorporation of the surviving cooperative are provided for in the articles of merger.
Acts 1988, ch. 689, § 2; T.C.A. §
65-25-219
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-120 - Dissolution

(a)
(1)
A cooperative which has not commenced business may dissolve voluntarily by delivering to the secretary of state articles of dissolution, executed and acknowledged on behalf of the cooperative by a majority of the incorporators, which shall state:
(A)
The name of the cooperative;
(B)
The address of its principal office;
(C)
That the cooperative has not commenced business;
(D)
That the amount, if any, actually paid in on account of membership fees, less any part thereof disbursed for necessary expenses, has been returned to those entitled thereto and that all easements shall have been released to the grantors;
(E)
That no debt of the cooperative remains unpaid; and
(F)
That a majority of the incorporators elect that the cooperative be dissolved.
(2)
Such articles of dissolution shall be submitted to the secretary of state for filing as provided in this chapter.
(b)
(1)
A cooperative which has commenced business may dissolve voluntarily and wind up its affairs in the following manner: Except as provided in §
65-25-113(a)(2)(D)
, the board shall first recommend that the cooperative be dissolved, which recommendation shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative votes of:
(A)
If dissolution is or will be an incident of the sale, lease-sale or other disposition of the assets and properties of the cooperative, as many as but not fewer than the percentage of the cooperative's members required to authorize such sale, lease-sale or other disposition as provided in §
65-25-113(a)(1)(A)(i), (ii), (iii), (iv), (v) or (vi)
, or §
65-25-113(b) or (c)
, or §
65-25-114(a), (b) or (c)
, whichever is applicable; or
(B)
If dissolution is or will be from any other cause, the number or percentage of its members, or of those voting, whichever may be the case, as provided in the cooperative's articles of incorporation or bylaws.
(2)
Any assets remaining after the discharge or provision for the discharge of all of the cooperative's liabilities and the distribution of any patronage capital still outstanding on its books shall be distributed on a pro rata basis and without priority to all present and former members of the cooperative to the extent practicable, as determined by the board; provided, that if the board determines that the amount of such surplus is so small in relation to the administrative cost of distributing it as to be prohibited, such surplus may be donated by the board to one (1) or more charitable or educational organizations which are exempt from federal income taxation.
Acts 1988, ch. 689, §2; T.C.A. §
65-25-220
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-121 - Foreign corporations

(a)
Any corporation organized on a nonprofit or a cooperative basis for the primary purpose and/or for one (1) or more secondary purposes and operating in a state adjacent to this state shall be permitted to transact business in this state without complying with any statute of this state pertaining to the qualification of foreign corporations for the transaction of business in this state.
(b)
Any such foreign corporation, as a prerequisite to its transaction of business in this state, shall, by an instrument executed and acknowledged in its behalf by its president or vice president and attested to by its secretary, designate the secretary of state its agent to accept service of process in its behalf. In the event any such process shall be served upon the secretary of state, the secretary of state shall forthwith forward the same by registered mail to such corporation at the address thereof specified in such instrument.
(c)
Any such corporation may sue and be sued in the courts of this state to the same extent that a cooperative under this chapter may sue or be sued in such courts.
(d)
Any such foreign corporation may secure its notes, bonds, or other evidences of indebtedness by mortgage, pledge, deed of trust, or other encumbrance of any or all of its then-owned or after-acquired real or personal property, assets, or franchise, located or to be located in this state, and also upon its revenues and income.
Acts 1988, ch. 689, § 2; T.C.A. §
65-25-221
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-122 - Taxes

(a)
Nothing in this chapter shall exempt cooperatives and foreign corporations transacting business in this state pursuant to this chapter from ad valorem property taxes. Assessment schedules for such property that is devoted to and used or useful in pursuance of the primary purpose shall be filed with the comptroller of the treasury, and the payment of such taxes shall be in lieu of all other taxes of every kind or nature whatever, unless it is otherwise specifically provided by law that such other tax or taxes shall be applicable to cooperatives formed or foreign corporations transacting business pursuant to this chapter.
(b)
Assessment schedules for such property that is devoted and used or useful in pursuance of one (1) or more secondary purposes shall be filed in the same manner and in the same places, and taxes on such properties shall be paid to the same authorities and to the same extent, as would be the case were such cooperative or foreign corporation organized and operating as a corporation under the Tennessee Business Corporation Act, compiled in title 48, chapters 11-27.
Amended by 2016 Tenn. Acts, ch. 937,s 1, eff. 4/27/2016.
Acts 1988, ch. 689, § 2; 1995, ch. 305, § 34; T.C.A. §
65-25-222
.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 25 - RURAL ELECTRIC AND COMMUNITY SERVICES COOPERATIVES (§§ 65-25-101 — 65-25-135) › Section 65-25-123 - Exemption from jurisdiction of Tennessee public utility commission

Cooperatives and foreign corporations transacting business in this state pursuant to this chapter shall be deemed to be not-for-profit cooperatives and nonutilities, and, except as provided in §
65-25-122
, exempt in all respects from the jurisdiction and control of the Tennessee public utility commission.
Amended by 2017 Tenn. Acts, ch. 94,s 57, eff. 4/4/2017.
Acts 1988, ch. 689, § 2; 1995, ch. 305, § 35; T.C.A. §
65-25-223
.