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Texas Penal Code - Section 28.07. Interference With Railroad Property

Legal Research Home > Texas Lawyer > Penal Code > Texas Penal Code - Section 28.07. Interference With Railroad Property

§ 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, in which event the offense is:
		(1)  a Class B misdemeanor if the amount of pecuniary 
loss is $20 or more but less than $500;
		(2)  a Class A misdemeanor if the amount of pecuniary 
loss is $500 or more but less than $1,500;
		(3)  a state jail felony if the amount of pecuniary loss 
is $1,500 or more but less than $20,000;  
		(4)  a felony of the third degree if the amount of the 
pecuniary loss is $20,000 or more but less than $100,000;
		(5)  a felony of the second degree if the amount of 
pecuniary loss is $100,000 or more but less than $200,000;  or
		(6)  a felony of the first degree if the amount of the 
pecuniary loss is $200,000 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.).

Added by Acts 1989, 71st Leg., ch. 908, § 1, eff. Sept. 1, 1989.  
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994.

Last modified: August 11, 2007