This section makes it an offense to interfere with railroad property in several ways, and sets misdemeanor or felony penalties based on the conduct and any bodily injury or pecuniary loss.
Sec. 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.). Added by Acts 1989, 71st Leg., ch. 908, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 7, eff. September 1, 2015.