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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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