Felony Offenses in the Texas Penal Code

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Texas Penal Code, Section 28.07 - Interference with Railroad Property

CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DAMAGE OR DESTRUCTION

§ 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.).

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