Texas Penal Code - PENAL § 28.07. Interference with Railroad Property

(a) In this section:

(1) “Railroad property” means:

(A) a train, locomotive, railroad car, caboose, work equipment, rolling stock, safety device, switch, or connection that is owned, leased, operated, or possessed by a railroad;  or

(B) a railroad track, rail, bridge, trestle, or right-of-way owned or used by a railroad.

(2) “Tamper” means to move, alter, or interfere with railroad property.

(b) A person commits an offense if the person:

(1) throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment;  or

(2) without the effective consent of the owner:

(A) enters or remains on railroad property, knowing that it is railroad property;

(B) tampers with railroad property;

(C) places an obstruction on a railroad track or right-of-way;  or

(D) causes in any manner the derailment of a train, railroad car, or other railroad property that moves on tracks.

(c) An offense under Subsection (b)(1) is a Class B misdemeanor unless the person causes bodily injury to another, in which event the offense is a felony of the third degree.

(d) An offense under Subsection (b)(2)(A) is a Class C misdemeanor.

(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or (b)(2)(D) is a Class C misdemeanor unless the person causes pecuniary loss of $100 or more, in which event the offense is:

(1) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;

(2) a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500;

(3) a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000;

(4) a felony of the third degree if the amount of the pecuniary loss is $30,000 or more but less than $150,000;

(5) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000;  or

(6) a felony of the first degree if the amount of the pecuniary loss is $300,000 or more.

(f) The conduct described in Subsection (b)(2)(A) is not an offense under this section if it is undertaken by an employee of the railroad or by a representative of a labor organization which represents or is seeking to represent the employees of the railroad as long as the employee or representative has a right to engage in such conduct under the Railway Labor Act ( 45 U.S.C. Section 151 et seq. ).


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