2021 Tennessee Code
Title 65 - Public Utilities and Carriers

Chapter 1 - Tennessee Public Utility Commission

§ 65-1-106. Travel Reimbursement for Employees Subject to Comprehensive Travel Regulations - All employees of the Tennessee public utility commission shall be...

§ 65-1-108. Office — Furniture and Supplies - The Tennessee public utility commission shall be furnished a permanent...

§ 65-1-110. Minutes and Official Documents - The minutes shall be signed by each member of the...

§ 65-1-112. Copies of Records - For a copy of any record on file in its...

§ 65-1-113. Enforcement — Duties of Authority - It is the duty of the Tennessee public utility commission...

§ 65-1-114. Former Public Service Commission Officers to Retain Service Weapons - A public service commission officer who is authorized to carry...

§ 65-1-116. Commissioners Deemed State Employees Eligible for Insurance Benefits - Tennessee public utility commission commissioners shall be deemed state employees...

Chapter 2 - Procedure Before the Tennessee Public Utility Commission

§ 65-2-101. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 65-2-104. Petition for Declaratory Ruling by the Commission - On the petition of any interested person, the commission may...

§ 65-2-105. Declaratory Judgment on Validity of Rules - The validity of any rule of the commission may be...

§ 65-2-106. Show Cause Orders - The commission is empowered and authorized in the exercise of...

§ 65-2-107. Parties to Contested Cases - All persons having a right under the provisions of the...

§ 65-2-108. Notice and Hearing in Contested Cases - All parties to contested cases shall be afforded an opportunity...

§ 65-2-109. Rules of Evidence — Judicial Notice — Burden of Proof - In all contested cases:

§ 65-2-110. Commission Reporter — Preparation of Official Record - The commission is authorized and directed to employ a competent...

§ 65-2-111. Proceedings Before Hearing Examiners - In any contested case, the commission may direct that the...

§ 65-2-112. Decisions and Orders in Contested Cases - Every final decision or order rendered by the commission in...

§ 65-2-113. Publication of Decisions and Orders in Contested Cases - The commission shall each year compile and publish in such...

§ 65-2-114. Petitions for Rehearing in Contested Cases - Any party to a contested case who deems to be...

§ 65-2-115. Effect of Filing of Petition for Rehearing - The filing of a petition for rehearing shall not suspend...

§ 65-2-116. Grounds for Rehearing - A petition for rehearing will lie only for the following...

§ 65-2-117. Replies to Petitions for Rehearing - Copies of a petition for rehearing shall be served on...

§ 65-2-118. Disposition of Petitions for Rehearing - The commission may, in its discretion, set the petition down...

§ 65-2-119. Proceedings Upon Granting of Petition for Rehearing - Upon the granting of a petition for rehearing by the...

§ 65-2-120. Conflict of Laws - If, in any case to which this chapter applies, this...

§ 65-2-121. Liberal Construction of Chapter - This chapter shall not be construed as in derogation of...

Chapter 3 - Regulation of Railroads by Department of Transportation

Part 1 - General Provisions

§ 65-3-101. All Railways Subject to Chapter - All railways are declared subject to this chapter, and all...

§ 65-3-102. Interstate Commerce Excepted - This chapter and chapter 5 of this title shall be...

§ 65-3-103. Uniform Laws - It is the duty of the department of transportation, by...

§ 65-3-104. Power to Adopt Rules and Regulations - The department of transportation has the power to make all...

§ 65-3-105. Enforcement of Regulations and Orders - The department of transportation is to perform all duties imposed...

§ 65-3-108. Powers of Department of Transportation to Examine - The department of transportation is given full power to examine...

§ 65-3-109. Confidential Information - The department of transportation shall not give publicity to any...

§ 65-3-110. Power of Department of Transportation to Take Evidence - The department of transportation has the power to examine, under...

§ 65-3-111. Refusal to Obey Process or Testify — Penalty - Any person who neglects or refuses to obey the process...

§ 65-3-112. Power to Issue Subpoenas - The department of transportation, in making any examination or investigation...

§ 65-3-113. Compensation of Witnesses - Each witness who appears before the department of transportation, by...

§ 65-3-114. Witness Failing to Obey Subpoena - In case any witness fails or refuses to obey a...

§ 65-3-115. Witness Failing to Attend or Answer Questions - If a witness, after being duly summoned, fails or refuses...

§ 65-3-116. Officers or Employees Testifying Exempt From Indictment - No officer, agent, servant, or employee of any such company,...

§ 65-3-117. Depositions - The department of transportation shall, in all cases, have a...

§ 65-3-118. Fees of Sheriff or Constable Executing Process - The sheriff or constable executing any process issued under this...

§ 65-3-122. Limitation of Actions - All prosecutions or actions under this chapter and chapter 5...

Part 2 - Inspection, Control, and Supervision Fee

§ 65-3-202. Collection and Disposition of Fee - The inspection, control and supervision fees provided for in this...

§ 65-3-203. Default - In case of default in the payment of any such...

§ 65-3-204. Lien for Fees and Penalties - A lien is declared and shall exist upon all the...

§ 65-3-205. Employees - The commissioner of transportation is empowered to employ such rate...

§ 65-3-206. Railroads to File Statements - Every such railroad doing business in this state shall file...

§ 65-3-207. Use of Fees - The inspection, control and supervision fees generated by this part...

Chapter 4 - Regulation of Public Utilities by Commission

Part 1 - General Provisions

§ 65-4-101. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 65-4-102. Railroads Excluded - None of the provisions of this chapter and none of...

§ 65-4-103. Interstate Commerce Excepted - This chapter shall be construed to apply to and affect...

§ 65-4-106. Construction of Chapter - This chapter shall not be construed as being in derogation...

§ 65-4-108. Appeal to Commission From Local Regulation - Any such public utility may appeal to the commission from...

§ 65-4-109. Issuance of Stocks or Other Evidences of Indebtedness - No public utility shall issue any stocks, stock certificates, bonds,...

§ 65-4-110. Depreciation Account for Protection of Holders of Securities - The commission has the power, after hearing, upon notice, by...

§ 65-4-114. Service Requirements - The commission has the power, after hearing, upon notice, by...

§ 65-4-115. Unjust Practices and Unsafe Services Prohibited - No public utility shall adopt, maintain, or enforce any regulation,...

§ 65-4-119. Complaints Referred to Employees - Any person employed by the commission in the consumer advocate...

§ 65-4-120. Penalty for Noncompliance With Authority - Any public utility which violates or fails to comply with...

§ 65-4-121. Appeals - Any appeal, order, decision, ruling or action of the commission...

§ 65-4-123. Declaration of Telecommunications Services Policy - The general assembly declares that the policy of this state...

§ 65-4-126. State Policy on Using Energy More Efficiently - The general assembly declares that the policy of this state...

Part 2 - Certificate of Public Convenience and Necessity

§ 65-4-202. Complaint of Interference — Limited Certificate - If any public utility, in establishing, constructing, reconstructing, or extending...

§ 65-4-204. Public Hearing on Certificate — Plans and Information Required of Applicant - The commission may, upon its own initiative, or shall upon...

§ 65-4-205. Evidence - All evidence taken by the commission in any such hearing...

Part 3 - Inspection, Control, and Supervision Fee

§ 65-4-302. Fee in Addition to Other Taxes and Fees - The fee provided for in this part shall be paid...

§ 65-4-304. Minimum Fees - In no case shall the fee to be paid be...

§ 65-4-305. Information Required of Utility - Annually, every such public utility doing business in this state...

§ 65-4-306. Time for Payment of Fees - The inspection, control, and supervision fees provided for in this...

§ 65-4-307. Collection and Disposition of Fees - The inspection, control and supervision fees provided for in this...

§ 65-4-308. Default - In case of default in the payment of any fee,...

§ 65-4-309. Lien for Fees and Penalties - A lien is declared, and shall exist, upon all the...

Part 4 - Telephone Solicitation and Number Portability

§ 65-4-401. Part Definitions - As used in this part, unless the context otherwise requires:

§ 65-4-402. Identity of Caller — Authorized Times for Solicitation - Any person or entity who makes a telephone solicitation to...

§ 65-4-403. Circumvention of Caller Identification Service Prohibited - No person or entity who makes a telephone solicitation to...

§ 65-4-404. Calls to Persons Objecting to Solicitation - No person or entity shall knowingly make or cause to...

§ 65-4-406. Remedies Not Exclusive - The remedies, duties, prohibitions, and penalties of this part are...

§ 65-4-407. Liability of Caller Identification Service Providers - No provider of telephone caller identification service shall be held...

§ 65-4-408. Defenses - It shall be a defense in any action or proceeding...

§ 65-4-409. Portability of Telephone Number - The local exchange company shall provide notice to the customer...

Part 5 - Unsolicited Facsimiles

§ 65-4-501. Part Definitions - As used in this part, unless the context otherwise requires:

§ 65-4-503. Implementation - The commission is authorized to promulgate any rules and regulations...

Chapter 5 - Regulation of Rates

Part 1 - Public Utilities

§ 65-5-102. Commission May Require Filing of Schedules - The commission has the power to require every such public...

§ 65-5-105. Intrastate Rate Reductions Reflecting Tax Savings - Any public utility, the maximum rates of which are fixed...

§ 65-5-111. Evaluation — Reports by Commission - The general assembly shall evaluate the implementation of Acts 1995,...

§ 65-5-112. Small and Minority-Owned Telecommunications Business Participation Plan - Each telecommunications service provider shall file with the commission a...

Part 2 - Broadband Business Certainty Act of 2006

§ 65-5-201. Short Title - This part shall be known and may be cited as...

§ 65-5-203. Federal Preemption - In order to ensure that this state provides an attractive...

Part 3 - Uniform Access, Competition, and Consumer Fairness Act of 2011

§ 65-5-301. Short Title - This part shall be known and may be cited as...

Chapter 6 - Railroads — Powers — Construction and Maintenance

Part 1 - General Provisions

§ 65-6-101. Acquisition or Construction of Railroads — Acquisition and Disposition of Stocks or Bonds - All railroad companies of this state, and any other state...

§ 65-6-102. Issuance of Bonds and Stock - Railroad companies existing under the laws of this state, or...

§ 65-6-103. Subscription for or Purchase of Stocks and Bonds of Other Companies — Contracts for Construction or Lease - It is lawful for any railroad company created by and...

§ 65-6-104. Limitation of Time Removed From Original Franchise - Any railroad corporation or other body heretofore granted the right...

§ 65-6-105. Adoption of Electricity for Motive Power - Any company authorized to operate a railroad by steam is...

§ 65-6-106. Entry Upon Private Lands for Certain Purposes - The company, by its officers and agents, may enter upon...

§ 65-6-107. Preference in Location of Line - No railroad company shall have the right, by surveying or...

§ 65-6-108. Location of First of Two Lines - If, in determining any controversy over routes, it shall appear...

§ 65-6-109. Right-of-Way Authorized - The corporation shall have the right, in pursuance of the...

§ 65-6-110. Monopolizing Right-of-Way Prohibited — Condemnation as in Other Cases - No railroad company, whose railroad may be built in this...

§ 65-6-112. Existing Rights-of-Way Unaffected - Nothing contained in § 65-6-107, § 65-6-108, § 65-6-110, or...

§ 65-6-113. Right-of-Way at State Line - When any railroad of another state shall intersect the line...

§ 65-6-115. Gauge of Road - Any railroad corporation, whose line is located wholly or partly...

§ 65-6-116. Change of Terminus Before Final Location - Any railroad company may, by resolution of its board of...

§ 65-6-117. Power to Relocate Lines - Any railroad company owning or operating a railroad or any...

§ 65-6-118. Acquisition of Real Estate for Relocation of Lines - For the purposes mentioned in § 65-6-117, authority is granted...

§ 65-6-119. Construction and Maintenance of Roadbeds - Any railroad company owning or operating a railroad or any...

§ 65-6-120. Construction of Railroad on County Highways - It is unlawful for any corporation or person to construct...

§ 65-6-121. Compensation for Damages From Construction on County Highway - Section 65-6-120 shall not be construed so as to prevent...

§ 65-6-122. Tracks Not to Obstruct Travel on Highways, Streets, and Alleys - The line or track of the road shall be so...

§ 65-6-123. Condemnation of Property to Provide Water for Trains - Any railroad corporation owning or operating a railroad or any...

§ 65-6-124. Damage to Forest Growth in Construction of Railroads - For all damages caused to forest growth by any person...

§ 65-6-125. Right to Build Branch Roads - Any railway corporation chartered under the general laws of the...

§ 65-6-126. Branch Lines for Industrial Purposes - Any railroad company operating a railroad, or any part of...

§ 65-6-127. Power to Build or Extend Lines and Facilities - Any railroad company owning or operating any railroad or any...

§ 65-6-128. Acquisition of Land by Purchase or Condemnation - For the purposes mentioned in §§ 65-6-119 and 65-6-127, power...

§ 65-6-129. Powers in Addition to Those Existing Under Charters - The powers conferred by §§ 65-6-117 — 65-6-119, 65-6-127 and...

§ 65-6-130. Acquisition of Branches and Extensions - All railroad companies existing under the laws of this state,...

§ 65-6-131. Consolidation of Competing or Parallel Lines Unlawful — Liability for Taxes - Nothing in this chapter shall be construed to make it...

§ 65-6-134. Locomotive Engineer's Operator Permit - Every company, association, person or other entity which employs or...

Part 2 - Clearance Requirements

§ 65-6-202. Part Definitions - For the purpose of this part, the following definitions will...

§ 65-6-204. Side Clearance - The minimum side clearance from center line of standard gauge...

§ 65-6-206. Clearance of Articles Stored Near Tracks - No merchandise, material or other articles shall be placed or...

§ 65-6-207. Enforcement - The department of transportation is directed to enforce compliance with...

§ 65-6-208. Penalty for Noncompliance - Any railroad failing or refusing to comply with this part...

Part 3 - Cattle Guards

§ 65-6-301. Cattle Guards on Unfenced Track - Each railroad company whose unfenced track passes through a field...

§ 65-6-302. Enlargement of Unfenced Area - In case a field or enclosure through which unfenced railroad...

§ 65-6-303. Penalty for Noncompliance - Any railroad company neglecting or refusing to comply with this...

Chapter 7 - Subscription to Railroad Stock by Counties and Municipalities

§ 65-7-101. Power of Locality to Become Stockholder - Any county, incorporated city, or town may become a stockholder...

§ 65-7-102. Right to Subscribe to Stock - No county, incorporated city, or town shall subscribe to the...

§ 65-7-104. Record of Application, Plan, and Amount — Ordering of Election - The county legislative body, or board of mayor and aldermen,...

§ 65-7-105. County Election on Question — Order by Legislative Body - Upon the presentation of the application, with the accompanying plan...

§ 65-7-106. City or Town Election on Question — Order by Governing Body - In like manner, upon the presentation of the application to...

§ 65-7-107. Notice of Election - The election shall be advertised at least thirty (30) days...

§ 65-7-108. Conduct of Election — Certificate of Result — Validity - The county election commission shall open and hold an election...

§ 65-7-109. Election — Style of Ballot - At the election thus held, those voters who are in...

§ 65-7-110. Action on Return of Commission - It is the duty of the county legislative body, or...

§ 65-7-111. Second Election - Should any county, town, or city fail to vote the...

§ 65-7-112. Subscriptions — Time of Payment - Such subscription of any county or incorporated city or town...

§ 65-7-113. Bond Issue for Payment - When such subscription shall become due and payable, as provided...

§ 65-7-114. Tax Levy to Meet Bond Payments - When the subscription so made becomes due, as provided, it...

§ 65-7-115. Collection of Tax - The taxes prescribed in § 65-7-114 shall be levied and...

§ 65-7-116. Issuance of Stock - The railroad company shall, when the subscription becomes due and...

Chapter 8 - Purchase and Sale of Railroads

§ 65-8-101. Power to Acquire and Operate Other Railroads - Every railroad corporation in this state, and railroad companies existing...

§ 65-8-102. Borrowing Money for Payment — Issuance of Bonds - Any railroad company described in § 65-8-101 shall have the...

§ 65-8-103. Continuation of Business by Seller to Wind Up Business - In case the railroad company, whose corporate powers have been...

§ 65-8-104. Authority to Purchase Under Judicial Sale - Any railroad corporation which has been created, or whose corporate...

§ 65-8-105. Rights of Purchase Under Judicial Sale - All the rights, privileges, and immunities appertaining to the franchises...

§ 65-8-107. Sale Under Judgment - Whenever the property and franchises of any railroad are sold,...

§ 65-8-108. Right of Purchaser to Tax Exemption Waived - Nothing in § 65-8-106, § 65-8-107 or § 65-10-112 shall...

Chapter 9 - Consolidation of Railroads

§ 65-9-101. Power to Consolidate - Every railroad corporation existing in this state, and having authority...

§ 65-9-102. Consolidation Agreement - The agreement of consolidation shall be in writing, and shall...

§ 65-9-103. Approval of Stockholders - The consolidation shall not have effect until the terms and...

§ 65-9-104. Agreement and Evidence of Approval Recorded - The agreement, together with the evidence of the stockholders' approval,...

§ 65-9-105. Rights of Creditors - The rights of creditors of the consolidating companies shall not...

§ 65-9-106. Rights and Liabilities of Consolidated Corporation - The corporation, formed by the consolidation of two (2) or...

§ 65-9-107. Powers of Consolidated Corporation - The corporation shall have power to:

Chapter 10 - Liens on Railroad Property

Part 1 - General Provisions

§ 65-10-101. Lien of Contractors - Where any railroad company contracts with any person for the...

§ 65-10-102. Duration of Contractors' Lien - The lien shall continue in force for six (6) months...

§ 65-10-103. Enforcement of Contractors' Lien - This lien may be enforced by a suit against the...

§ 65-10-104. Pleadings - The pleading of the plaintiff or complainant shall set out,...

§ 65-10-105. Lien of Subcontractors Against Contractor - When any principal contractor, by which is meant one who...

§ 65-10-106. Payment Into Court by Railroad - If, after notice provided for in § 65-10-105, the principal...

§ 65-10-107. Enforcement of Lien Against Contractor - The claim provided for in § 65-10-105 may be enforced...

§ 65-10-108. Lien of Laborer or Materialman Against Subcontractor - If any subcontractor refuses to pay any mechanic, laborer, or...

§ 65-10-109. Enforcement of Lien Against Subcontractor - The notice provided for in § 65-10-105 shall operate as...

§ 65-10-110. Payment Into Court by Principal Contractor - The principal contractor may, upon receiving the notice provided for...

§ 65-10-112. Priority of Judgments for Timbers, Work, or Damages - No railroad company shall have power to give or create...

§ 65-10-113. Lessee Holds Subject to Burdens Against Lessor - The lessee of any railroad shall hold such road subject...

Part 2 - Subcontractor's Lien Against Railroad

§ 65-10-201. Direct Lien Against Railroad Authorized - Every subcontractor, laborer, materialman, or other person who performs any...

§ 65-10-202. Notice to Secure Lien - To secure this direct lien, such subcontractor, laborer, materialman, or...

§ 65-10-203. Duration of Lien - Such lien shall continue for the space of one (1)...

§ 65-10-204. Jurisdiction to Enforce Lien - The liens provided for in § 65-10-201 may be enforced...

§ 65-10-205. Pleadings - The declaration or bill, as the case may be, of...

§ 65-10-206. Priority of Lien - No railroad company shall have power to give or create...

§ 65-10-207. Indemnity Bond — Judgment by Motion - Any such railroad company shall have the right to demand...

Chapter 11 - Highway Crossings

§ 65-11-102. Noncompliance With § 65-11-101 — Penalty - A failure to observe and fully comply with § 65-11-101...

§ 65-11-103. Construction, Maintenance and Repair - Every corporation or person operating a line of railroad within...

§ 65-11-104. Noncompliance With § 65-11-103 — Misdemeanor - The failure of any such person to comply with the...

§ 65-11-105. Form of Railroad Crossing Sign - The commissioner of transportation or the commissioner's designee, after conducting...

§ 65-11-106. Liability for Blocking Street Crossing - No member of a railroad train crew shall be held...

§ 65-11-107. Elimination of Grade Crossings Over Public Highways - The department of transportation through its commissioner or the commissioner's...

§ 65-11-108. Location and Character of Substituted Crossing - When any such grade crossing is ordered to be eliminated,...

§ 65-11-109. Compliance With Order to Eliminate Grade Crossing - When any such grade crossing shall be ordered to be...

§ 65-11-110. Apportionment of Work in Constructing Underpass or Overpass - The commissioner of transportation or the commissioner's designee may, by...

§ 65-11-111. Apportionment of Cost of Eliminating Grade Crossing - Each railroad company owning or operating the track or tracks...

§ 65-11-112. Maintenance of Underpass or Overpass - When any underpass or overpass crossing is constructed on any...

§ 65-11-115. Installation of Warning Strips Authorized - The department of transportation may install warning strips on both...

Chapter 12 - Operation of Railroads

§ 65-12-103. Payment of Fare Required - If any passenger refuses to pay the required fare, the...

§ 65-12-108. Precautions Required for Prevention of Accidents - In order to prevent accidents upon railroads, the following precautions...

§ 65-12-109. Violation of § 65-12-108 Is Negligence per Se - A violation of § 65-12-108 by any railroad company constitutes...

§ 65-12-114. Standard of Care Required When Livestock on Tracks - Whenever livestock appears on the tracks as an obstruction ahead...

§ 65-12-115. Locomotive Operator Must Carry Engineer's Operator Permit - Every person who operates a railroad locomotive in this state...

Chapter 14 - Terminal Companies

§ 65-14-101. Special Powers - In addition to the general powers, railroad terminal corporations have...

§ 65-14-102. Right to Construct Facilities Across or Along Streets and Alleys - When it may be necessary, in order to enable the...

§ 65-14-103. Authority to Acquire, Hold and Dispose of Stock or Bonds - Such railroad terminal corporation may acquire, hold, and dispose of...

§ 65-14-104. Keeping of Hotel, Restaurant, and Newsstand - At any place where such railroad terminal corporation may acquire...

§ 65-14-105. Leasing of Terminal Facilities to Railroad Companies - The corporation may lease to any railroad company or railroad...

§ 65-14-106. Lessee Railroads — Guarantee of Principal and Interest of Bonds and Other Contracts - Such railroad company or companies may severally or jointly, or...

§ 65-14-107. Lessee Railroads — Authority to Subscribe, Hold, and Dispose of Stock or Bonds of Terminal Corporations - Any such railroad company or companies may also subscribe, hold,...

Chapter 15 - Motor Carriers

Part 1 - General Provisions

§ 65-15-102. Part Definitions - As used in this part, unless the context otherwise requires:

§ 65-15-104. Sight-Seeing Buses Not Exempt - Motor vehicles, for which passengers are solicited, and which are...

§ 65-15-105. Interstate Commerce and Government Business Excepted - Neither this part nor any provision thereof shall be construed...

§ 65-15-109. Applications for Permits - provided, that the fee for additional authority shall not be...

§ 65-15-110. Liability Insurance Requirements. [For Contingent Operation, See the Compiler's notes.] - [For contingent operation, see the Compiler's notes.]

Part 2 - Voluntary Safety Inspection

§ 65-15-201. Request for Inspection — Fee — Citing for Violations - Any corporation, partnership, person or other entity that owns or...

§ 65-15-202. Effect of Valid Safety Sticker - In enforcing its jurisdiction under this part, the department shall...

§ 65-15-203. Penalty for Violation of Hours-of-Service Standards - In fixing a civil or criminal penalty for violators of...

Part 3 - Transportation Network Companies

§ 65-15-301. Part Definitions - As used in this part:

§ 65-15-303. Agent for Service - A transportation network company shall maintain an agent for service...

§ 65-15-304. Duties of Transportation Network Company Operating in State - A transportation network company operating in this state shall:

§ 65-15-306. Individuals Prohibited From Acting as Drivers - A transportation network company operating in this state shall not...

§ 65-15-307. Acceptance of Street Hails Prohibited - A driver shall not solicit or accept street hails.

§ 65-15-311. Suspected Drug or Alcohol Use During Course of Trip - If the transportation network company is informed through the complaint...

Chapter 17 - Wind Energy Facility Siting

§ 65-17-101. Chapter Definitions - As used in this chapter:

§ 65-17-104. Permit Required - No person shall undertake the construction, operation, or redevelopment of...

§ 65-17-106. Local Government Report on Permitting Activities - On or before January 1, 2019, and on or before...

§ 65-17-107. Permit Does Not Preclude Need to Obtain Other Applicable Local, State, and Federal Permits, Licenses, or Approvals - The issuance of a permit under this chapter shall not...

§ 65-17-108. Information Subject to Disclosure - All permit applications and other documents received by a local...

§ 65-17-110. Dissemination of Model Local Legislation - The municipal technical advisory service (MTAS) and the county technical...

§ 65-17-111. Chapter Supplemental to Other Law - This chapter supplements any other provision of this title or...

§ 65-17-112. Chapter Applicability - This chapter shall apply in the geographical boundaries of local...

§ 65-17-113. Federal Preculsion - In the event that the requirements of this chapter conflict...

Chapter 18 - Incline Railroad Companies

§ 65-18-102. Gauge - Incline railroad corporations are authorized to adopt such gauge as...

§ 65-18-103. Construction of Track Across Highways, Streets and Alleys - The line of track of the road shall be so...

§ 65-18-104. Crossing Signs - Boards, well supported by posts or otherwise, shall be placed,...

§ 65-18-105. Municipal Regulations - Such boards need not be put up at the crossing...

§ 65-18-106. Private Crossings and Cowgaps - Where land on both sides of a track is owned...

§ 65-18-107. Regulations for Running Trains — Freight and Passengers - The board of directors shall fix regulations for the running...

§ 65-18-108. Charge for Transportation - The charge for transportation shall be not exceeding eight cents...

Chapter 19 - Ridesharing

Part 1 - Jitney Service

§ 65-19-101. Common Carrier — Business Declared a Privilege - Any person operating for hire any public conveyance propelled by...

§ 65-19-102. Permit From City or Town Required - It is unlawful for any such common carrier to use...

§ 65-19-103. Bond Required - Any such common carrier, before operating any public conveyance as...

§ 65-19-104. Use of Streets Without Permit — Operation Without Bond — Penalty - Any such common carrier, which shall use or occupy any...

§ 65-19-105. Authority to Grant Permits — Restriction - All incorporated cities and towns are empowered to grant such...

§ 65-19-106. Privilege Tax - All such incorporated cities and towns are empowered to impose...

Part 2 - Tennessee Ridesharing Act

§ 65-19-201. Short Title - This part shall be known and may be cited as...

§ 65-19-202. Part Definitions - Ridesharing” means the prearranged transportation of persons in a motor...

§ 65-19-203. Workers' Compensation - Title 50, chapter 6, concerning compensation for workers injured during...

§ 65-19-205. Local Taxes and Licenses - No county, city, town, or other municipal corporation may impose...

§ 65-19-206. Additional Registration Fees - The additional registration fees imposed by § 55-4-112 do not...

Chapter 20 - Miscellaneous Provisions Relating to Carriers

§ 65-20-103. Claims for Lost or Damaged Freight and Overcharges - provided, that this section shall only apply to claims against...

§ 65-20-105. Passenger Rights Forfeited for Intoxication - Any person who publicly drinks any intoxicating liquor, including wine,...

Chapter 21 - Telegraphs and Telephones

Part 1 - General Provisions

§ 65-21-101. Special Powers of Corporations - Telegraph and telephone corporations may construct a telegraph or telephone...

§ 65-21-102. Railroad Enabled to Operate Telegraph and Telephone - Any railroad company incorporated by or under the laws of...

§ 65-21-103. Local Regulation - Any village or city within which such line may be...

§ 65-21-104. Consolidation of Telephone and Electric Light Companies - It is lawful for telephone and electric light companies to...

§ 65-21-105. Use of Poles of Other Companies - No telegraph or telephone company, or other such company, shall...

§ 65-21-106. Discrimination in Telephone Connections Prohibited - Every telephone company doing business within this state, and engaged...

§ 65-21-111. Warrants Against Offenders - It is the duty of any judge of the court...

§ 65-21-116. Construction of Wireless Communications Tower - A cellular or other wireless telecommunications service provider or other...

Part 2 - Rights-of-Way

§ 65-21-201. Rights-of-Way Authorized - Any person or corporation organized for the purpose of transmitting...

§ 65-21-202. Obstruction of Public Ways Prohibited - The ordinary use of such public highways, streets, works, railroads,...

§ 65-21-203. No Exclusive Rights Permitted - No telegraph or telephone corporation has the power to contract...

§ 65-21-204. Condemnation - In the event such telegraph or telephone companies should fail,...

§ 65-21-205. Construction of Lines — Liability for Damages - When any such telegraph or telephone company shall desire to...

Chapter 22 - Light, Heat and Power Companies

§ 65-22-101. Acquisition of Land - Every corporation organized under the laws of any state of...

§ 65-22-103. Wires, Conduits, Conductors, Pipes, and Pipelines - Such corporation, after having first obtained permission from the governing...

§ 65-22-104. Contracts for Services - Such corporation may also contract with cities, towns, and villages,...

§ 65-22-106. Consolidation - A corporation organized to engage in the business of a...

Chapter 25 - Rural Electric and Community Services Cooperatives

§ 65-25-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 65-25-103. Nonprofit Organization and Operation - Electric cooperatives heretofore incorporated under the former “Electric Cooperative Law”...

§ 65-25-109. Election of Directors by Member Cooperatives - The bylaws of a cooperative whose membership consists wholly of...

§ 65-25-111. Members — Qualifications — Meetings — Voting Rights — Terms and Conditions - in either of which case the bylaws may provide that...

§ 65-25-112. Refunds to Patrons - shall be distributed by the cooperative to patrons in the...

§ 65-25-115. Directors, Officers or Members May Take Acknowledgments - No person who is authorized to take acknowledgments under the...

§ 65-25-117. Consolidation - Any two (2) or more cooperatives, each of which is...

§ 65-25-118. Merger - One (1) or more cooperatives, each of which is hereinafter...

§ 65-25-119. Effect of Consolidation or Merger - The effect of consolidation or merger shall be as follows:

§ 65-25-123. Exemption From Jurisdiction of Tennessee Public Utility Commission - Cooperatives and foreign corporations transacting business in this state pursuant...

§ 65-25-124. Securities Act Exemption - Title 48, chapter 16 shall not apply to any note,...

§ 65-25-126. Construction of Chapter - This chapter shall be construed liberally. The enumeration of any...

§ 65-25-129. Exemption for Utility Districts - Notwithstanding any provision contained in this chapter to the contrary,...

§ 65-25-132. Joint Ventures Subject to Excise and Franchise Taxes - Each joint venture created pursuant to § 65-25-105 or §...

§ 65-25-133. Joint Ventures to Provide Alarm Services Not Authorized - Nothing in Acts 1999, ch. 430, shall be construed to...

Chapter 26 - Gas Companies

§ 65-26-101. Power to Lay Pipes and Conductors - To enable gas companies to establish such works, they are...

§ 65-26-102. Sale of Gas - The corporation is authorized to charge a reasonable price for...

§ 65-26-103. Restrictions Against Nuisances - The works and operations of the company shall be so...

§ 65-26-104. Damage or Tampering With Company Property - If any person shall injure or destroy any portion of...

§ 65-26-105. Condemnation - The corporation shall have the power of condemnation granted to...

Chapter 27 - Water and Waterworks Companies

§ 65-27-102. Companies Contracting to Supply Water to Charitable Institutions - Water companies incorporated under the laws of this state which...

§ 65-27-103. Compensation to Owners for Property Condemned - Such water company so condemning the water or riparian rights...

§ 65-27-104. Bond by Water Company Pending Assessment of Damages - Pending the assessment of damages and any litigation in regard...

§ 65-27-105. Authority to Lay Pipes - To enable the corporation to establish its works, it is...

§ 65-27-106. Extension and Placement of Conductors, Pipelines, Hydrants and Fire Plugs - Such corporation, after having first obtained permission from the governing...

§ 65-27-107. Injury or Destruction of Company Property or Unauthorized Connections - It is unlawful for any person to injure or destroy...

§ 65-27-108. Use of Company Property Without Contract - It is also unlawful for any person to take or...

§ 65-27-109. Pollution of Water or Reservoir - It is also unlawful for any person to willfully corrupt...

Chapter 28 - Pipeline Corporations

Part 1 - General Provisions

§ 65-28-101. Right of Condemnation - A pipeline corporation has the right, in pursuance of the...

§ 65-28-102. Tolls or Freight Rates - A pipeline corporation has the right to exact and receive...

§ 65-28-104. Gas Pipeline Systems — Definitions - As used in §§ 65-28-104 — 65-28-111, unless the context...

§ 65-28-105. Safety Standards - All pipeline systems used in this state shall be constructed,...

§ 65-28-107. Injunctions - Upon petition of the commission, the chancery court, sitting in...

§ 65-28-109. Limit of Commission's Jurisdiction - Nothing in §§ 65-28-104 — 65-28-111 shall be deemed to...

§ 65-28-111. Default in Payment of Fees and Penalties - The default in payment of fees and civil penalties, penalties...

Part 2 - Landfill Methane Development Act

§ 65-28-202. Part Definitions - As used in this part, unless the context otherwise requires:

§ 65-28-203. Construction and Operation of Landfill Methane Facility - Any person, with the consent of the owner of any...

§ 65-28-204. Certificate of Public Convenience and Necessity Not Required — Economic Regulation - No person desiring to construct or operate a facility for...

§ 65-28-205. Rates and Charges — Regulation - The rates and charges for transportation by pipeline of landfill...

§ 65-28-206. Transportation of Landfill Methane - Notwithstanding any other law, landfill methane may be transported by...

§ 65-28-207. Natural Gas Local Distribution System Not Required to Transport Landfill Methane - Nothing in this part shall be interpreted to require any...

§ 65-28-208. Addition of Refined Landfill Methane Into Natural Gas Stream - The addition of refined landfill methane described in this part...

Chapter 29 - Telephone Cooperatives

§ 65-29-101. Short Title - This chapter may be cited as the “Telephone Cooperative Act.

§ 65-29-102. Purpose of Cooperatives — Nonprofit Corporations - Cooperative, nonprofit, membership corporations may be organized under this chapter...

§ 65-29-103. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 65-29-104. Powers - A cooperative has the power to:

§ 65-29-106. Incorporators - Five (5) or more natural persons, or two (2) or...

§ 65-29-108. Bylaws - The board of directors shall adopt the first bylaws to...

§ 65-29-112. Officers - The officers of a cooperative shall consist of a president,...

§ 65-29-114. Consolidation - Any two (2) or more cooperatives, each of which is...

§ 65-29-115. Merger - Any one (1) or more cooperatives, each of which is...

§ 65-29-116. Effect of Consolidation or Merger - The effect of consolidation or merger shall be as follows:

§ 65-29-119. Filing of Articles of Incorporation, Etc - Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, as...

§ 65-29-120. Filing Fees - The secretary of state shall charge and collect for the...

§ 65-29-123. Nonliability of Members for Debts of Cooperative - The private property of the members of a cooperative shall...

§ 65-29-124. Mortgages - Any mortgage, deed of trust, or other instrument executed by...

§ 65-29-126. Waiver of Notice - Whenever any notice is required to be given under this...

§ 65-29-127. Acknowledgments by Officers, Directors or Members - No person who is authorized to take acknowledgments under the...

§ 65-29-128. Foreign Corporations - Any corporation organized on a nonprofit or a cooperative basis...

§ 65-29-129. No Exemption From Ad Valorem Taxes - Nothing in this chapter shall be construed to exempt cooperatives...

§ 65-29-131. Securities Act Exemption - Title 48, chapter 16 shall not apply to any note,...

§ 65-29-132. Construction of Chapter - This chapter shall be construed liberally. The enumeration of any...

Chapter 30 - Radio Common Carriers

§ 65-30-101. Short Title - This chapter shall be known, and may be cited, as...

§ 65-30-102. Declaration of Public Policy - Upon investigation, the general assembly has determined that the rates,...

§ 65-30-103. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 65-30-107. Rates - The commission shall prescribe just and reasonable rates, charges and...

§ 65-30-109. Abandonment - No radio common carrier shall abandon all or any part...

§ 65-30-110. Interconnection With Land Line Telephone Utility - Whenever the commission finds that public convenience and necessity require...

§ 65-30-111. Supervision and Regulation - The supervision, control and regulation of public utilities are provided...

§ 65-30-112. Penalty - Any person or the officer, agent or employee of any...

Chapter 31 - Underground Utility Damage Prevention Act

§ 65-31-101. Short Title - This chapter may be cited as the “Underground Utility Damage...

§ 65-31-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 65-31-103. Permits Do Not Relieve Liability - A permit issued pursuant to law authorizing excavation or demolition...

§ 65-31-110. Precautions to Avoid Damage - In addition to the notification requirements of § 65-31-106, each...

§ 65-31-113. Severability - If any provisions of this chapter or the applicability thereof...

§ 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...

Chapter 32 - Utilities' Cut-Off Procedures Act

§ 65-32-101. Short Title - This chapter shall be cited as the “Utilities' Cut-Off Procedures...

§ 65-32-102. Applicability of Chapter - This chapter shall only apply to those counties having a...

§ 65-32-103. “Utility” Defined - As used in this chapter, unless the context otherwise requires,...

§ 65-32-104. Policy Governing Discontinuation of Service for Nonpayment of Service - The utility governing body, in conjunction with the utility management...

Chapter 33 - Installment Payment of Fuel Bills

§ 65-33-101. Monthly Average Payment Plans Required - Each utility company or service, serving over fifteen thousand (15,000)...

§ 65-33-102. Participation Optional - Participation in any payment-averaging program shall be optional, but shall...

§ 65-33-103. Payment of Delinquent Bill Prior to Participation - A customer may be required to pay all delinquent bills...

§ 65-33-104. Withdrawal From Plan by Customer - A participating customer may withdraw from the payment-averaging program at...

§ 65-33-105. Cancellation of Plan by Customer Delinquency - A customer failing to make an average payment in any...

§ 65-33-106. Adjustment of Payment to Reflect Rate Changes - If the cost of power or fuel supplies to a...

Chapter 34 - Geographic Territories of Electric Utility Systems

§ 65-34-101. Legislative Intent — Findings - The general assembly hereby finds that:

§ 65-34-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 65-34-103. Non-Consumer Owned Electric Systems — Expansion Limits - No non-consumer owned electric system may construct, acquire, or maintain...

§ 65-34-105. Tennessee Public Utility Commission — Jurisdiction — Powers - The Tennessee public utility commission has jurisdiction to hear and...

§ 65-34-106. Eminent Domain - Electric and community service cooperatives and municipal electric systems may...

§ 65-34-108. Agreements Among Public Electric Systems — Legislative Intent - Two (2) or more public electric systems serving adjacent current...

Chapter 35 - Fraud, Theft or Destruction of Property

§ 65-35-101. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 65-35-102. Prohibited Acts - It is unlawful for a person to:

§ 65-35-106. Civil Remedies and Criminal Penalties Mutually Exclusive - It is the intent of the general assembly that the...

§ 65-35-107. Regulatory Jurisdiction Not Extended - Nothing in this chapter confers upon the Tennessee public utility...

Chapter 36 - Equal Powers and Authority Act

§ 65-36-101. Short Title - The title of this chapter is, and may be cited...

§ 65-36-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 65-36-103. Legislative Findings - The general assembly hereby finds and determines that participating in...

§ 65-36-104. Interlocal Cooperation Agreements Authorized - Every municipal electric utility and every electric cooperative are hereby...

§ 65-36-105. Use of Surplus Funds - Every municipal electric utility and every electric cooperative are hereby...

§ 65-36-106. Telephone, Telegraph and Telecommunications Services - Notwithstanding any other provisions of this chapter or other law...

§ 65-36-107. Competitive Consequences of Agreement - In the exercise of their respective powers and authority, jointly...

Chapter 37 - Pricing & Bundling of Telecommunications Services

§ 65-37-104. Financial Information or Reporting — System of Accounts - The Tennessee public utility commission shall not establish or impose...

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2021 Tennessee Code Title 65 - Public Utilities and Carriers

2021 Tennessee Code
Title 65 - Public Utilities and Carriers