reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-117 - Underground damage prevention fund

(a)
There is created an underground damage prevention fund within the Tennessee public utility commission. All civil penalties collected pursuant to this chapter shall be deposited into the underground damage prevention fund. Any moneys remaining in the underground damage prevention fund at the end of the fiscal year shall not revert to the general fund, but shall remain in the underground damage prevention fund for the exclusive use of the board.
(b)
The expenditure of monies in the underground damage prevention fund is at the discretion of the board for the following purposes:
(1)
Reducing the amount of its annual operating cost to be assessed to operators for the investigative and administrative services performed by the Tennessee public utility commission;
(2)
Providing grants to operators with fewer than five thousand (5,000) customers to assist the recipient in complying with the mandatory notification center requirements of this chapter. However, grants must not be used for operating expenses; and
(3)
Providing public awareness, educational programs, or materials in a manner and by vendors as determined and selected by the board.
Amended by 2024 Tenn. Acts, ch. 628,s 8, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 307, s 9, eff. 7/1/2021.
Amended by 2017 Tenn. Acts, ch. 94, s 79, eff. 4/4/2017.
Added by 2015 Tenn. Acts, ch. 488, s 8, eff. 5/20/2015.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-118 - Design locate request

(a)
Any person may submit a design locate request to the one-call service. The design locate request shall:
(1)
Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed by the one-call service, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and
(2)
State the name, address, and telephone number of the person who has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection under subdivision (b)(1)(C).
(b)
(1)
Within fifteen (15) working days after a design locate request has been submitted to the one-call service for a proposed project, the facility owner or operator shall respond by one (1) of the following methods:
(A)
Designate or cause to be designated by a locator under §
65-31-108
, the location of all utility facilities and sewer laterals within the area of the proposed excavation;
(B)
Provide to the person submitting the design locate request the best available description of all utility facilities and sewer laterals in the area of proposed excavation, which might include drawings of utility facilities and sewer laterals already built in the area, or other facility records that are maintained by the facility owner or operator; or
(C)
Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities and sewer laterals within the proposed area of excavation.
(2)
In the event that the one-call service charges a fee to a member operator for design location notification, the utility operator may recover that fee from the requestor.
(c)
Upon responding pursuant to subsection (b), the facility owner or operator shall provide the response to the one-call service in accordance with one-call service procedures.
(d)
An operator may reject a design locate request based upon homeland security considerations pending the operator obtaining additional information confirming the legitimacy of the request. The operator shall notify the person making the request of the denial and may request additional information through the positive response system provided by the one-call service.
(e)
Nothing in this section shall supersede any federal, state, or local laws governing the confidentiality of the location of utility facilities.
(f)
Any utility operator responding to a design locate request under this section shall not be liable for any damages associated with the response to the request.
(g)
Nothing in this chapter shall amend, alter, or affect title 54, chapter 5, part 8.
(h)
A design locate request shall not be used for excavation purposes.
Added by 2015 Tenn. Acts, ch. 488,s 8, eff. 5/20/2015.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-119 - Administrative and investigative support of Tennessee public utility commission limited to advisory capacity

The administrative and investigative support provided by the Tennessee public utility commission is provided to the board in an advisory capacity only, and nothing in this chapter shall expand the jurisdiction of the Tennessee public utility commission in any way.
Amended by 2017 Tenn. Acts, ch. 94,s 67, eff. 4/4/2017.
Added by 2015 Tenn. Acts, ch. 488,s 8, eff. 5/20/2015.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 31 - UNDERGROUND UTILITY DAMAGE PREVENTION ACT (§§ 65-31-101 — 65-31-120) › Section 65-31-120 - Clarification of liability related to excavation activities

Engaging in the activities described in the definition of "excavate" or "excavation" in §
65-31-102
does not remove or impose liability per se for damage to underground utilities.
Amended by 2024 Tenn. Acts, ch. 628,s 9, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 307, s 10, eff. 7/1/2021.
Added by 2015 Tenn. Acts, ch. 488, s 8, eff. 5/20/2015.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 32 - UTILITIES' CUT-OFF PROCEDURES ACT (§§ 65-32-101 — 65-32-104) › Section 65-32-101 - Short title

This chapter shall be cited as the "Utilities' Cut-Off Procedures Act."
Acts 1978, ch. 871, § 1; T.C.A., § 65-3401.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 32 - UTILITIES' CUT-OFF PROCEDURES ACT (§§ 65-32-101 — 65-32-104) › Section 65-32-102 - Applicability of chapter

This chapter shall only apply to those counties having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census.
Acts 1978, ch. 871, § 5; T.C.A., § 65-3402; Acts 2005, ch. 6, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 32 - UTILITIES' CUT-OFF PROCEDURES ACT (§§ 65-32-101 — 65-32-104) › Section 65-32-103 - "Utility" defined

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.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 32 - UTILITIES' CUT-OFF PROCEDURES ACT (§§ 65-32-101 — 65-32-104) › Section 65-32-104 - Policy governing discontinuation of service for nonpayment of service

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.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 33 - INSTALLMENT PAYMENT OF FUEL BILLS (§§ 65-33-101 — 65-33-106) › Section 65-33-101 - Monthly average payment plans required

Each utility company or service, serving over fifteen thousand (15,000) residential customers, providing electricity, natural gas, or other fuel to consumers in this state shall provide a method by which its customers may pay fuel bills monthly on an average basis.
Acts 1978, ch. 615, § 1; T.C.A., § 65-3501.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 33 - INSTALLMENT PAYMENT OF FUEL BILLS (§§ 65-33-101 — 65-33-106) › Section 65-33-102 - Participation optional

Participation in any payment-averaging program shall be optional, but shall be offered to each residential customer of a utility who has been a customer for at least twelve (12) months unless otherwise mutually agreed by the company and the customer.
Acts 1978, ch. 615, § 2; T.C.A., § 65-3502.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 33 - INSTALLMENT PAYMENT OF FUEL BILLS (§§ 65-33-101 — 65-33-106) › Section 65-33-103 - Payment of delinquent bill prior to participation

A customer may be required to pay all delinquent bills before participating in a payment-averaging program.
Acts 1978, ch. 615, § 3; T.C.A., § 65-3503.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 33 - INSTALLMENT PAYMENT OF FUEL BILLS (§§ 65-33-101 — 65-33-106) › Section 65-33-104 - Withdrawal from plan by customer

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.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 33 - INSTALLMENT PAYMENT OF FUEL BILLS (§§ 65-33-101 — 65-33-106) › Section 65-33-105 - Cancellation of plan by customer delinquency

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.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 33 - INSTALLMENT PAYMENT OF FUEL BILLS (§§ 65-33-101 — 65-33-106) › Section 65-33-106 - Adjustment of payment to reflect rate changes

If the cost of power or fuel supplies to a utility increases or decreases significantly at any time and appears likely to remain at this new level so that the adjustment in the twelfth month would exceed the averaged monthly payment, the utility may adjust the averaged monthly payments.
Acts 1978, ch. 615, § 6; T.C.A., § 65-3506.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 34 - GEOGRAPHIC TERRITORIES OF ELECTRIC UTILITY SYSTEMS (§§ 65-34-101 — 65-34-108) › Section 65-34-101 - Legislative intent - Findings

The general assembly hereby finds that:
(1)
Duplication of electric system facilities leads to excessive consumer costs and adverse environmental and aesthetic impacts;
(2)
The public health, safety, and welfare require that electric service to a particular geographic area be provided by a single electric system;
(3)
The general assembly has heretofore established the geographic territories of electric systems as those geographic areas in which a particular electric system maintained facilities to provide electric service on March 6, 1968, except as those geographic areas have been modified by statutorily authorized agreements among adjacent electric systems, all as provided by §
6-51-112
;
(4)
Maintenance of the previously established geographic territories, as modified by statutorily authorized agreements, continues to be in the public interest and promotes the public health, safety and welfare;
(5)
The consumer owners of municipal and cooperative electric systems have invested large sums in facilities and equipment necessary to provide electric service within areas served by those electric systems; and
(6)
It would be contrary to the public interest to permit utilities that are not consumer owned to expand service into areas already served by consumer owned municipal and cooperative electric systems, as such expansion would result in a duplication of service facilities and the loss of consumer investment in displaced facilities.
Acts 1989, ch. 230, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 34 - GEOGRAPHIC TERRITORIES OF ELECTRIC UTILITY SYSTEMS (§§ 65-34-101 — 65-34-108) › Section 65-34-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Current geographic territory" means the parcels of land, as such parcels are defined or designated by the assessor of property of the county in which the parcels are located, to which a public electric system was providing electric service on February 16, 1989. In any case in which more than one (1) public electric system was providing electric service to a parcel of land on such date, the parcel shall be included within the current geographic territory of the public electric system that first provided electric service to such parcel. Should a public electric system enter into an agreement authorized by §
65-34-108
, the current geographic territory of that public electric system shall be modified as provided in that agreement;
(2)
"Electric and community service cooperative" has the meaning set forth in §
65-25-102(4)
;
(3)
"Municipal electric system" means any electric system owned by any county, municipality, power district, or other subdivision of Tennessee;
(4)
"Non-consumer owned electric system" means any public electric system other than electric and community service cooperatives and municipal electric systems; and
(5)
"Public electric system" includes electric and community service cooperatives, municipal electric systems, and every individual, co-partnership, association, corporation or joint stock company, their lessees, trustees or receivers, appointed by any court whatsoever, that own, operate, manage, or control any electric power system, plant, or equipment within Tennessee affected by and dedicated to public use.
Acts 1989, ch. 230, § 2.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 34 - GEOGRAPHIC TERRITORIES OF ELECTRIC UTILITY SYSTEMS (§§ 65-34-101 — 65-34-108) › Section 65-34-103 - Non-consumer owned electric systems - Expansion limits

No non-consumer owned electric system may construct, acquire, or maintain facilities, lines, poles, or other equipment used or useful for the distribution or sale of electricity outside its current geographic territory, nor may any non-consumer owned electric system provide, by sale or otherwise, electricity to any parcel of land located outside its current geographic territory. Should a non-consumer owned electric system enter into an agreement authorized by §
65-34-108
, the current geographic territory of that non-consumer owned electric system and the current geographic territory of the municipal electric system or electric and community service cooperative system, which is a party to the agreement, shall be modified as provided in that agreement; provided, that nothing in this chapter shall restrict the construction, acquisition, or maintenance of facilities, lines, poles, or other equipment used exclusively in this state for the transmission or sale at wholesale of electricity to electric and community service cooperatives or municipal electric systems.
Acts 1989, ch. 230, § 3.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 34 - GEOGRAPHIC TERRITORIES OF ELECTRIC UTILITY SYSTEMS (§§ 65-34-101 — 65-34-108) › Section 65-34-104 - Non-consumer owned electric systems - Removal of equipment, facilities

(a)
Any non-consumer owned electric system owning any lines, poles, facilities, or other equipment used or useful for the distribution or sale of electricity located outside the non-consumer owned electric system's current geographic territory on any property or right-of-way owned by the state or by any county or municipality or other subdivision of the state must remove such equipment or facilities at the non-consumer owned electric system's expense within six (6) months of May 2, 1989.
(b)
If the non-consumer owned electric system owning or otherwise exercising control over such equipment or facilities neglects to remove the equipment or facilities within six (6) months of May 2, 1989, the governmental entity owning the property or right-of-way on which such equipment or facilities are located may, after notice to the non-consumer owned electric system and opportunity for hearing, remove and dispose of such equipment or facilities in whatever manner it deems appropriate, if it determines that such equipment or facilities are located outside the non-consumer owned electric system's current geographic territory. The manner of disposal may include, without limitation, selling such equipment or facilities for other utility use or for scrap and applying the proceeds of such disposal to offset the costs the governmental entity incurred in removing such equipment or facilities. The requirement for removal shall not apply to equipment or facilities otherwise lawfully located on public rights-of-way used solely for the transmission of electricity for parcels of land within the non-consumer owned electric system's current geographic territory.
Acts 1989, ch. 230, § 4.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 34 - GEOGRAPHIC TERRITORIES OF ELECTRIC UTILITY SYSTEMS (§§ 65-34-101 — 65-34-108) › Section 65-34-105 - Tennessee public utility commission - Jurisdiction - Powers

The Tennessee public utility commission has jurisdiction to hear and resolve any disputes concerning the boundaries of the current geographic territories of nonconsumer owned electric systems. The commission may promulgate and enforce appropriate rules not inconsistent with this chapter.
Amended by 2017 Tenn. Acts, ch. 94,Secs.s68, s81 eff. 4/4/2017.
Acts 1989, ch. 230, § 5; 1995, ch. 305, § 41.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 34 - GEOGRAPHIC TERRITORIES OF ELECTRIC UTILITY SYSTEMS (§§ 65-34-101 — 65-34-108) › Section 65-34-106 - Eminent domain

Electric and community service cooperatives and municipal electric systems may in the exercise of their powers of eminent domain acquire facilities, equipment, and service areas of non-consumer owned electric systems, notwithstanding the fact that such facilities and equipment shall be dedicated to utility use following their acquisition.
Acts 1989, ch. 230, § 6.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 34 - GEOGRAPHIC TERRITORIES OF ELECTRIC UTILITY SYSTEMS (§§ 65-34-101 — 65-34-108) › Section 65-34-107 - Municipalities - Powers - Limitations

(a)
Nothing in this chapter shall impair the right and power of municipalities to operate or authorize the operation of municipal electric systems or electric and community service cooperatives within their municipal boundaries consistent with §
6-51-112
.
(b)
The provisions of §
6-51-111
to the contrary notwithstanding, municipalities may not through the grant of franchises or other operating authority expand the current geographic territories of non-consumer owned electric systems.
Acts 1989, ch. 230, § 7.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 34 - GEOGRAPHIC TERRITORIES OF ELECTRIC UTILITY SYSTEMS (§§ 65-34-101 — 65-34-108) › Section 65-34-108 - Agreements among public electric systems - Legislative intent

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.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 35 - FRAUD, THEFT OR DESTRUCTION OF PROPERTY (§§ 65-35-101 — 65-35-107) › Section 65-35-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Owner" means the owner of any property, any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of any structure which is capable of receiving service by a utility;
(2)
"Person" means an individual, corporation, firm, company, partnership, association or organization of any kind, public or private;
(3)
"Tenant or occupant" means any person who occupies the whole or a part of any building, whether alone or with others, and includes the owner;
(4)
"Utility" means any person, municipality, county, cooperative, board, commission, district or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, sanitary sewer service, telephone service, or any combination thereof, for sale to consumers in any particular service area, whether or not regulated by the Tennessee public utility commission; and
(5)
"Utility customer" means:
(A)
The person or persons listed on the records of the utility as the customer liable for charges or payment for the utility service;
(B)
The person or persons residing in the structure where utility services have been connected without permission or authorization of the utility; or
(C)
The manager, superintendent, officer or other responsible official of a corporation, partnership, proprietorship, association or other business organization that is listed on the records of the utility as the customer liable for charges for utility service or acting in behalf of a corporation, partnership, proprietorship, association or other business organization where utility services have been connected without permission or authorization of the utility.
Amended by 2017 Tenn. Acts, ch. 94, s 69, eff. 4/4/2017.
Acts 1990, ch. 851, § 1; 1995, ch. 305, §42; 1997 , ch. 116, § 1.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 35 - FRAUD, THEFT OR DESTRUCTION OF PROPERTY (§§ 65-35-101 — 65-35-107) › Section 65-35-103 - Evidence of violation

(a)
Any property on which it is found to have telephone, electric, gas, sanitary sewer, or water utilities tampered with in violation of §
65-35-102
, and capable of receiving telephone, electricity, gas, sanitary sewer, or water service as a result of the use of any method of diversion prohibited in that section, is prima facie evidence and creates against the tenant or occupant a presumption of intent to tamper or divert in violation of §
65-35-102
.
(b)
The presence upon property served by a utility of a metering device altered to improperly monitor the amount of utility service used on or by such property is presumptive evidence that the utility customer has diverted or used utility service with the intent to deprive or defraud the utility from receiving proper charges or payment for such utility service in violation of this chapter.
Acts 1990, ch. 851, §3; 1997 , ch. 116, § 5.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 35 - FRAUD, THEFT OR DESTRUCTION OF PROPERTY (§§ 65-35-101 — 65-35-107) › Section 65-35-104 - Civil liability - Damages - Liens - Perfection of liens

(a)
Any person violating §
65-35-102
is liable civilly for damages resulting from such violation, including actual, compensatory, incidental and punitive damages.
(b)
The damages shall be three (3) times the utility's estimated loss of revenue, plus reasonable attorneys' fees and costs associated with such loss.
(c)
A finding of guilt in violation of §
65-35-102
, as part of an action brought to impose the penalties under §
39-14-104
, is conclusive evidence of liability for civil damages recoverable under this chapter in any court of appropriate jurisdiction in a proceeding to assess civil damages against the guilty party.
(d)
Regardless of any criminal charge or lack thereof, any utility may nevertheless bring a civil action in any court of appropriate jurisdiction against the owner, occupant or tenant and allege the violation of any of the acts prohibited by §
65-35-102
; and upon a finding that the person has violated §
65-35-102
, the court shall likewise determine the estimated loss of revenues and award judgment for sums specified in subsections (a) and (b).
(e)
(1)
Any utility that can properly establish the amount of utility service fraudulently taken on or by any premises occupied by the owner thereof shall have the right to declare a lien for the value of such utility service against the property on which the utility service was taken.
(2)
The lien shall be filed within one (1) year of the date of the utility's first actual knowledge of the fraudulently diverted utility service.
(3)
(A)
The lien shall be perfected upon the filing of a notice with the office of the register of deeds of the county in which the property upon which the lien is claimed is located, and such lien shall be second only to liens of the state, county, or municipality for taxes and special assessments, and any valid lien, right, or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. Such notice shall contain the name of the titleholder or titleholders of the property upon which the lien is claimed, the property address, a description of the property sufficient to identify it, the signature and address of the entity claiming the lien, and the amount claimed by such entity.
(B)
The priority of liens established by this subdivision (e)(3) shall apply to all liens filed pursuant to this subsection (e) on or after April 10, 1990.
(4)
If a utility has not registered the notice as provided in subdivision (e)(3), such lien shall not be effective against a bona fide purchaser for value without actual or constructive knowledge of the fraudulently diverted utility service.
(f)
Civil actions pursuant to this section shall be commenced within the time required by law in an action to recover damages for the loss of property.
Acts 1990, ch. 851, § 4; 1991, ch. 47, §§ 1-3; 1991, ch. 220, §§ 1, 2.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 35 - FRAUD, THEFT OR DESTRUCTION OF PROPERTY (§§ 65-35-101 — 65-35-107) › Section 65-35-105 - Criminal proceedings

(a)
A violation of §
65-35-102
is also a violation of §
39-14-104
and §
65-35-103
applies to any proceeding brought to impose the penalties for a violation of §
39-14-104
.
(b)
In all criminal proceedings brought to impose penalties under §
39-14-104
for violation of this chapter, the provisions of §
65-35-103
pertaining to "prima facie evidence," "presumption of intent" and "presumptive evidence" shall be deemed to be an inference of such evidence or intent.
Acts 1990, ch. 851, § 5.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 35 - FRAUD, THEFT OR DESTRUCTION OF PROPERTY (§§ 65-35-101 — 65-35-107) › Section 65-35-106 - Civil remedies and criminal penalties mutually exclusive

It is the intent of the general assembly that the civil remedies of this chapter and the criminal penalties imposed by any other act of the general assembly are mutually exclusive methods for the prosecution of the unlawful activities described in the respective statutes.
Acts 1990, ch. 851, § 6.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 35 - FRAUD, THEFT OR DESTRUCTION OF PROPERTY (§§ 65-35-101 — 65-35-107) › Section 65-35-107 - Regulatory jurisdiction not extended

Nothing in this chapter confers upon the Tennessee public utility commission the jurisdiction to regulate any utility not expressly subject to regulation by other provision of state law.
Amended by 2017 Tenn. Acts, ch. 94,s 70, eff. 4/4/2017.
Acts 1990, ch. 851, § 7; 1995, ch. 305, § 43.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 36 - EQUAL POWERS AND COMMISSION ACT (§§ 65-36-101 — 65-36-108) › Section 65-36-101 - Short title

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.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 36 - EQUAL POWERS AND COMMISSION ACT (§§ 65-36-101 — 65-36-108) › Section 65-36-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Electric cooperative" means an electric cooperative or electric membership corporation, whether organized or operating under chapter 25 of this title or similar statutes of any other state, which, as of June 19, 1997, distributes electric power purchased from the Tennessee Valley authority; and
(2)
"Municipal utility" and "municipal electric utility" means any governmental entity as defined in §
29-20-102
, having a system for the distribution of electricity, whether operated under the authority of a board of the governmental entity, a department of the governmental entity or under the authority of a board created pursuant to the Tennessee Municipal Electric Plant Law, compiled in title 7, chapter 52, or by the authority of any other public or private act of the general assembly or pursuant to the charter of a municipality, and that operates an electric generation or distribution system which, as of June 19, 1997, distributes electricity purchased from the Tennessee Valley authority and also includes any municipality, county or other political subdivision of another state, whether operated under a board or as a county or municipal department, which, as of June 19, 1997, distributes electricity purchased from the Tennessee Valley authority.
Acts 1997, ch. 520, § 2.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 36 - EQUAL POWERS AND COMMISSION ACT (§§ 65-36-101 — 65-36-108) › Section 65-36-103 - Legislative findings

The general assembly hereby finds and determines that participating in interlocal agreements by electric cooperatives and municipal utilities, as authorized by this chapter, provides a mutual benefit by reducing the expense of operations of municipal utilities and electric cooperatives and, as a result, reduces the cost of electricity for the citizens of this state. Accordingly, the general assembly hereby finds that all contributions of financial and administrative resources and associated costs and expenses that are made by a municipal utility pursuant to an interlocal agreement as authorized by this chapter, are made for a public and governmental purpose, and that all such contributions benefit the contributing municipal utilities.
Acts 1997, ch. 520, § 3.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 36 - EQUAL POWERS AND COMMISSION ACT (§§ 65-36-101 — 65-36-108) › Section 65-36-104 - Interlocal cooperation agreements authorized

Every municipal electric utility and every electric cooperative are hereby authorized to enter into and to fulfill the terms of interlocal cooperation agreements under the authority of title 12, chapter 9, whether or not the parties of such agreements share equal powers with respect to the subject matter of such agreements. For the purpose of entering into agreements authorized under this chapter or entering into an interlocal agreement under title 12, chapter 9, municipal utilities and electric cooperatives are authorized to enter into interlocal agreements, as if each electric cooperative were a "public agency" for the purposes of title 12, chapter 9.
Acts 1997, ch. 520, § 4.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 36 - EQUAL POWERS AND COMMISSION ACT (§§ 65-36-101 — 65-36-108) › Section 65-36-105 - Use of surplus funds

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.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 36 - EQUAL POWERS AND COMMISSION ACT (§§ 65-36-101 — 65-36-108) › Section 65-36-106 - Telephone, telegraph and telecommunications services

Notwithstanding any other provisions of this chapter or other law to the contrary, if the exercise of power or authority granted by this chapter involves any system, plant, or equipment for the provision of telephone, telegraph, telecommunications services or any other like system, plant, or equipment, such exercise, whether by a municipal electric system, an electric cooperative or jointly, shall not be subject to this chapter but instead shall be subject to title 7, chapter 52, as amended. With respect to telephone, telegraph, or telecommunications services, electric cooperatives shall be subject to regulation by the Tennessee public utility commission to the same extent as municipal electric utilities under title 7, chapter 52.
Amended by 2017 Tenn. Acts, ch. 94,s 71, eff. 4/4/2017.
Acts 1997, ch. 520, § 6.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 36 - EQUAL POWERS AND COMMISSION ACT (§§ 65-36-101 — 65-36-108) › Section 65-36-107 - Competitive consequences of agreement

In the exercise of their respective powers and authority, jointly and severally, under interlocal cooperation agreements entered into under the authority of this chapter and title 12, chapter 9, electric cooperatives and municipal utilities and any separate entity or body created under §
12-9-104(c)
, may exercise such powers and authority regardless of the competitive consequences thereof.
Acts 1997, ch. 520, § 7.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 36 - EQUAL POWERS AND COMMISSION ACT (§§ 65-36-101 — 65-36-108) › Section 65-36-108 - Construction with other regulatory statutes

(a)
Nothing in this chapter shall be deemed to be an implied repeal of the service area limitations established in §
6-51-112
or chapter 34 of this title.
(b)
Nothing in this chapter shall be construed to change the requirements of title 7, chapter 82, with respect to the merger or acquisition of any water, sewer, or gas system of a utility district with or by a municipal electric utility or electric cooperative. Nothing in this chapter shall be construed to authorize any municipal electric utility or electric cooperative to provide a service for which a license, certification or registration is required pursuant to title 62, chapter 32, part 3, or operate a cable system as defined by §
7-59-201
for the provision of cable service, to provide pager services, or to operate as an internet service provider.
Acts 1997, ch. 520, §§ 8, 10.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 37 - PRICING AND BUNDLING OF TELECOMMUNICATIONS SERVICES (§§ 65-37-101 — 65-37-104) › Section 65-37-101 - Promotional incentives for telecommunications services - Policy - Implementation

(a)
It is the policy of the general assembly to encourage and not prohibit or delay attractive discount pricing and special promotional offers for telecommunications services.
(b)
To implement the policy articulated in this section and to encourage low prices, notwithstanding any other law, all telecommunications providers shall be permitted to offer promotional incentives for telecommunications services, including rebates and limited free service offerings, with such promotions not extending more than six (6) months. Any such free service promotions shall not provide more than one (1) month of free local exchange service in any twelve-month period. Any such free service promotion available for the full six-month period may not be reinstituted for thirty (30) days after expiration of such period.
Amended by 2017 Tenn. Acts, ch. 94,s 72, eff. 4/4/2017.
Acts 2005, ch. 270, § 2.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 37 - PRICING AND BUNDLING OF TELECOMMUNICATIONS SERVICES (§§ 65-37-101 — 65-37-104) › Section 65-37-102 - Price discrimination

(a)
Price differences among retail telecommunications customers shall be strictly prohibited, to the extent that such differences are attributable to race, creed, color, religion, sex or national origin. All other differences in pricing among retail telecommunications customers, as of May 28, 2005, shall be presumed to be a function of the competitive market. This presumption may be rebutted by evidence of price discrimination as prohibited by state law.
(b)
Nothing in this section shall alter or expand the jurisdiction of the Tennessee public utility commission to hear complaints alleging price discrimination as prohibited by state law in retail telecommunications services within its jurisdiction, as its jurisdiction existed immediately prior to May 28, 2005, except to the extent that such jurisdiction is reduced pursuant to exemption by the commission subsequent to May 28, 2005. This chapter does not confer jurisdiction on the commission relating to services outside its jurisdiction as of May 28, 2005. In determining whether differences in pricing among retail telecommunications customers constitute price discrimination as prohibited by state law, the commission shall consider all relevant factors, including, but not limited to, whether:
(1)
Customers have been or will be injured as a result of the alleged price differences;
(2)
There is a legitimate business reason to distinguish between the customers who are being treated differently;
(3)
Customers who are being treated differently are similarly situated;
(4)
Customers may choose a functionally equivalent service from an alternative service provider at substantially the same price and terms; and
(5)
The commission has determined previously that existing and potential competition is an effective regulator of the price of the service that is the subject of the complaint.
Acts 2005, ch. 270, § 3.
2023 Tennessee Code › Title 65 - PUBLIC UTILITIES AND CARRIERS (§§ 65-1-101 — 65-37-104) › Chapter 37 - PRICING AND BUNDLING OF TELECOMMUNICATIONS SERVICES (§§ 65-37-101 — 65-37-104) › Section 65-37-104 - Financial information or reporting - System of accounts

The Tennessee public utility commission shall not establish or impose upon price-regulated carriers subject to this title state-specific financial information or financial reporting requirements or a uniform system of accounts. Price-regulated carriers subject to this title may be required to file with the commission only that financial information or financial reports that are required to be filed with the federal communications commission. Such commission filing requirements may be satisfied by the carrier by the submission to the commission of a letter explicitly identifying a publicly-available government website on which the information is posted. The inspection, control and supervision fee established in §
65-4-301
shall be based on the financial information contained in such federal reports.
Acts 2005, ch. 270, § 5.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 1 - ESTATES IN PROPERTY (§§ 66-1-101 — 66-1-208) › Part 1 - GENERAL PROVISIONS (§§ 66-1-101 — 66-1-112) › Section 66-1-101 - Words of inheritance unnecessary to create fee

The term "heirs," or other words of inheritance, are not requisite to create or convey an estate in fee.
Amended by 2017 Tenn. Acts, ch. 457,s 2, eff. 7/1/2017.
Code 1858, § 2006 (deriv. Acts 1851-1852, ch. 33); Shan., § 3672; Code 1932, § 7597; T.C.A. (orig. ed.), § 64-101.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 1 - ESTATES IN PROPERTY (§§ 66-1-101 — 66-1-208) › Part 1 - GENERAL PROVISIONS (§§ 66-1-101 — 66-1-112) › Section 66-1-102 - Estates tail abolished

Any person seized or possessed of an estate in general or special tail, whether by purchase or descent, shall be held and deemed to be seized and possessed of the same in fee simple, fully and absolutely, without any condition or limitation whatsoever, to that person, that person's heirs and assigns, forever, and shall have full power and authority to sell or devise the same as such person thinks proper; and such estate shall descend under the same rules as other estates in fee simple.
Code 1858, § 2007 (deriv. Acts 1784 (Apr.), ch. 22, § 5); Shan., § 3673; Code 1932, § 7599; T.C.A. (orig. ed.), § 64-102.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 1 - ESTATES IN PROPERTY (§§ 66-1-101 — 66-1-208) › Part 1 - GENERAL PROVISIONS (§§ 66-1-101 — 66-1-112) › Section 66-1-103 - Rule in Shelley's case abolished

Where a remainder is limited to the heirs or to the heirs of the body of a person, to whom a life estate in the same premises is given, the persons who, on the termination of the life estate, are heirs or heirs of body of such tenant, shall take as purchasers, by virtue of the remainder so limited to them.
Code 1858, § 2008 (deriv. Acts 1851-1852, ch. 91, § 1); Shan., § 3674; Code 1932, § 7600; T.C.A. (orig. ed.), § 64-103.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 1 - ESTATES IN PROPERTY (§§ 66-1-101 — 66-1-208) › Part 1 - GENERAL PROVISIONS (§§ 66-1-101 — 66-1-112) › Section 66-1-104 - Construction of "dying without heirs."

Every contingent limitation in any deed or will, made to depend upon the dying of any person without heir, or heirs of the body, or without issue of the body, or without children, or offspring, or descendants, or other relative, shall be a limitation to take effect when such person dies without heir, issue, child, offspring, or descendants, or other relative, as the case may be, living at the time of such person's death, or born to such person within ten (10) months thereafter; unless the intention of such limitation be otherwise expressly and plainly declared in the face of the deed or will creating it.
Code 1858, § 2009 (deriv. Acts 1851-1852, ch. 91, § 3); Shan., § 3675; Code 1932, § 7601; T.C.A. (orig. ed.), § 64-104.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 1 - ESTATES IN PROPERTY (§§ 66-1-101 — 66-1-208) › Part 1 - GENERAL PROVISIONS (§§ 66-1-101 — 66-1-112) › Section 66-1-105 - Contingent remainder supported by less than freehold

It shall not be necessary, as at common law, that a contingent remainder be supported by a particular estate of the dignity of a freehold, but it shall be sufficient and lawful for contingent remainders to be supported by a preceding estate for years.
Acts 1877, ch. 102, § 1; Shan., § 3676; Code 1932, § 7602; T.C.A. (orig. ed.), § 64-105.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 1 - ESTATES IN PROPERTY (§§ 66-1-101 — 66-1-208) › Part 1 - GENERAL PROVISIONS (§§ 66-1-101 — 66-1-112) › Section 66-1-106 - Estate with unlimited power of disposition

When the unlimited power of disposition, qualified or unqualified, not accompanied by any trust, is given expressly, in any written instrument, to the owner of any particular estate for life or years, legal or equitable, such estate is changed into a fee absolute as to right of disposition, and rights of creditors and purchasers, but subject to any future estate limited thereon or executory devise thereof, in event and so far as the power is not executed or the property sold for the satisfaction of debts during the continuance of the particular estate; provided, that any proceeds from the sale of such estate, not needed for the satisfaction of the debts of such owner during the continuance of the particular estate, shall be held in trust by such owner for the beneficiaries of the remainder interest and the purposes stated in such written instrument.
Code 1932, §§ 7603, 8093; Acts 1981, ch. 450, § 1; T.C.A. (orig. ed.), § 64-106.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 1 - ESTATES IN PROPERTY (§§ 66-1-101 — 66-1-208) › Part 1 - GENERAL PROVISIONS (§§ 66-1-101 — 66-1-112) › Section 66-1-107 - Survivorship in joint tenancy abolished

In all estates, real and personal, held in joint tenancy, the part or share of any tenant dying shall not descend or go to the surviving tenant or tenants, but shall descend or be vested in the heirs, executors, or administrators, respectively, of the tenant so dying, in the same manner as estates held by tenancy in common.
Code 1858, § 2010 (deriv. Acts 1784 (Apr.), ch. 22, § 6); Shan., § 3677; Code 1932, § 7604; T.C.A. (orig. ed.), § 64-107.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 1 - ESTATES IN PROPERTY (§§ 66-1-101 — 66-1-208) › Part 1 - GENERAL PROVISIONS (§§ 66-1-101 — 66-1-112) › Section 66-1-108 - Survivorship in partnership property

Nothing in §
66-1-107
is intended to affect the right of a surviving partner to the joint property of the firm to settle the partnership business; such partner shall account with the heirs and personal representatives of the deceased partner for the surviving partner's share in the surplus.
Code 1858, § 2011 (deriv. Acts 1784 (Apr.), ch. 22, § 6); Shan., § 3678; mod. Code 1932, § 7605; T.C.A. (orig. ed.), § 64-108.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 1 - ESTATES IN PROPERTY (§§ 66-1-101 — 66-1-208) › Part 1 - GENERAL PROVISIONS (§§ 66-1-101 — 66-1-112) › Section 66-1-109 - Estate by entireties created by direct conveyance

Any married person owning property or any interest therein in such person's own name, desiring to convert such person's interest in such property into an estate by the entireties with such person's spouse, may do so by direct conveyance to such spouse by an instrument of conveyance which shall provide that it is the grantor's intention by such instrument to create an estate by the entireties in and to the entire interest in the property previously held by the grantor.
Acts 1949, ch. 255, § 1; mod. C. Supp. 1950, § 8461.1 (Williams, § 7605.1); T.C.A. (orig. ed.), § 64-109.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 1 - ESTATES IN PROPERTY (§§ 66-1-101 — 66-1-208) › Part 1 - GENERAL PROVISIONS (§§ 66-1-101 — 66-1-112) › Section 66-1-110 - Conveyance to spouse of interest in entirety

Where property is held by husband and wife as tenants by the entirety, either spouse may by direct conveyance of such spouse's interest in the property vest the other spouse with title to the property in fee simple.
Acts 1955, ch. 78, § 1; T.C.A., § 64-110.