Tennessee § 65-3-101 - All railways subject to chapter.

§ 65-3-101. All railways subject to chapter.

All railways are declared subject to this chapter, and all individuals, companies, corporations, trustees, receivers, and lessees, owning, operating, and managing such railways for the transportation of freight and passengers, are declared common carriers. Acts 1897, ch. 10, § 14; Shan., § 3059a39; Code 1932, § 5415; T.C.A. (orig. ed.), § 65-301. Compiler's Notes. Acts 1995, ch. 305, § 11 provided: “In order to carry out its functions, duties and responsibilities maintained under the provisions of Acts 1995, ch. 305, the public service commission shall retain and have the authority to exercise any and all of its powers and duties existing under title 65 prior to enactment of Acts 1995, ch. 305, including, but not limited to, the power to subpoena, the power to take evidence, and the power to examine. Upon the termination of the public service commission, the Tennessee regulatory authority is expressly granted the same powers and duties as set forth above for the public service commission in order to carry out its responsibilities established by the provisions of Acts 1995, ch. 305.” Acts 1995, ch. 305, § 44 provided: “(a) Notwithstanding any provision of law to the contrary, upon the effective date of this section [July 1, 1995] all employees of the public service commission charged with the responsibility of regulating and enforcing the provisions of Tennessee Code Annotated, Title 65, Chapter 3, and Chapter 5, Part 1 [repealed], and Chapters 11 and 12, and any other employees of the public service commission necessary to assist in such regulating and enforcing, shall be transferred to the department of transportation, created by Tennessee Code Annotated, Section 4-3-101 . (b) All reports, documents, surveys, books, records, papers or other writings in the possession of the public service commission with respect to administering the provisions of Title 65, assigned to the department of transportation by this act, shall be transferred to and remain in custody of the department of transportation. (c) All leases, contracts and all contract rights and responsibilities in existence with the public service commission with respect to the duties transferred by this section shall be preserved and transferred to the department of transportation. (d) All assets, liabilities and obligations of the public service commission with respect to the duties transferred by this section shall become the assets, liabilities and obligations of the department of transportation. (e) Any revenues from rates, fares, charges, fines, and other moneys received pursuant to Tennessee Code Annotated, Title 65, Chapter 12, shall be allocated to the department of transportation as approved by the transition team pursuant to Section 48 [§ 65-1-301 (now § 65-1-201 )] to implement the provisions of this act. (f) The commissioner of transportation shall promulgate rules and regulations pursuant to Title 4, Chapter 5, to effectuate the purposes of this act.” Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Carriers, § 12; 21 Tenn. Juris., Railroads, § 7. Attorney General Opinions. Transfer of railroad authority to department of transportation, OAG 97-026, 1997 Tenn. AG LEXIS 25 (3/31/97).