Tex.
Penal Code Section 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.).
Source:
Section 28.07 — Interference with Railroad Property, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.28.htm#28.07 (accessed Apr. 29, 2024).
