Texas Penal Code 28.07 – Interference with Railroad Property

WHAT IS INTERFERENCE WITH RAILROAD PROPERTY IN TEXAS?

The Texas law against interference with railroad property prohibits trespassing onto railroad tracks, throwing an object or discharging a weapon at a train or rail-mounted work equipment, tampering with railroad property, obstructing a track, or derailing a train or other railroad property.

WHAT IS THE INTERFERENCE WITH RAILROAD PROPERTY LAW IN TEXAS?

Tex. Penal Code § 28.07. INTERFERENCE 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.).

WHAT IS THE PENALTY CLASS FOR INTERFERENCE WITH RAILROAD PROPERTY IN TEXAS?

The penalty classification for interfering with railroad property depends on the conduct, and the amount of pecuniary loss caused by the interference. Interfering with railroad property is a:

• Class C misdemeanor, punishable by a fine of up to $500, if:
  • the interference is committing by trespassing—i.e., entering or remaining—on railroad property; or
  • the resulting pecuniary loss is less than $100, when the interference is committed by:
    • tampering with railroad property;
    • obstructing the track or right-of-way; or
    • causing derailment of a train, railroad car, or other railroad property.
• Class B misdemeanor, punishable by up to 180 days in county jail, if:
  • the tampering, obstructing, or derailing causes a pecuniary loss of $100 or more but less than $750;
  • the interference is committing by throwing an object or discharging a firearm or weapon at a train or rail-mounted work equipment, and no one is injured;
• Class A misdemeanor, punishable by up to one year in county jail, if:
  • the tampering, obstructing, or derailing causes a pecuniary loss of $750 or more but less than $2,500;
• State jail felony, punishable by 180 days to two years in a state jail facility, if:
  • the tampering, obstructing, or derailing causes a pecuniary loss of $2,500 or more but less than $30,000;
• Third degree felony, punishable by two to ten years in prison, if:
  • the tampering, obstructing, or derailing causes a pecuniary loss of $30,000 or more but less than $150,000; or
  • the person throws an object or discharges a firearm or weapon at a train or rail-mounted work equipment, and causes bodily injury to another;
• Second degree felony, punishable by two to 20 years in prison, if:
  • the tampering, obstructing, or derailing causes a pecuniary loss of $150,000 or more but less than $300,000;
• First degree felony, punishable by five to 99 years in prison, if:
  • the tampering, obstructing, or derailing causes a pecuniary loss of $300,000 or more.

WHAT IS THE PUNISHMENT RANGE FOR INTERFERENCE WITH RAILROAD PROPERTY IN TEXAS?

The punishment range for interference with railroad property increases depending on the conduct, and harm caused by the interference:

• Class C misdemeanor, if committed by trespassing, or by tampering, obstructing, or derailing, and the pecuniary loss is less than $100:
  • maximum fine of $500, no jail time;
• Class B misdemeanor, if committed by throwing an object or discharging a weapon at a train, or the pecuniary loss is $100 or more but less than $750:
  • up to 180 days in jail, maximum fine of $2,000;
• Class A misdemeanor, if the pecuniary loss is $750 or more but less than $2,500:
  • up to one year in jail, maximum fine of $4,000;
• State jail felony, if the pecuniary loss is $2,500 or more but less than $30,000:
  • 180 days to two years in a state jail facility, maximum fine of $10,000;
• Third degree felony, if the pecuniary loss is $30,000 or more but less than $150,000, or if another suffers bodily injury:
  • two to ten years in prison, maximum fine of $10,000;
• Second degree felony, if the pecuniary loss is $150,000 or more but less than $300,000:
  • two to 20 years in prison, maximum fine of $10,000;
• First degree felony, if the pecuniary loss is $300,000 or more:
  • five to 99 years or life in prison, maximum fine of $10,000.

WHAT ARE THE PENALTIES FOR INTERFERENCE WITH RAILROAD PROPERTY IN TEXAS?

A person charged with interfering with railroad property may be eligible for probation after a conviction, or deferred adjudication without a conviction. The period of community supervision depends on the offense category.

There is no community supervision required after a Class C misdemeanor conviction, but a person charged with a Class C misdemeanor interference with railroad property may be placed on deferred adjudication for up to 180 days.

The period of community supervision for Class A or Class B misdemeanors may not exceed two years.

The period of community supervision for a state jail felony interference with railroad property is from two to five years, with the possibility of extending supervision for up to ten years.

For a third degree felony interference with railroad property charge, a person may be placed on deferred adjudication for up to ten years, or probation for a period between two and five years.

The period of community supervision for first degree felony and second degree felony interference with railroad property charges may not exceed ten years. A judge may also order up to 180 days in jail as a condition of community supervision.

WHAT ARE THE DEFENSES TO INTERFERENCE WITH RAILROAD PROPERTY IN TEXAS?

The statute exempts trespassing by an employee of a railroad or representatives of a railroad employees’ labor organization who trespass in exercise of a right under the Railway Labor Act.

WHAT IS THE STATUTE OF LIMITATIONS FOR INTERFERENCE WITH RAILROAD PROPERTY IN TEXAS?

The limitation period for interference with railroad property classified as a misdemeanor is two years. If the offense is a felony, the limitation period is three years.

INTERFERENCE WITH RAILROAD PROPERTY IN TEXAS

Interference with railroad property occurs when a person trespasses onto railroad tracks, throws an object or discharges a weapon at a train or rail-mounted work equipment, tampers with railroad property, obstructs a track, or derails a train or other railroad property.

TEXAS INTERFERENCE WITH RAILROAD PROPERTY COURT CASES

The case law regarding the Texas offense of interference with railroad property lies with the Fifth Circuit United States Court of Appeals.

• In Calhoun v. Villa, Calhoun sued the Houston Police Department after he was arrested for interfering with railroad property without a warrant. Officers found Calhoun standing on railroad tracks, told him to leave, and he refused to do so. He was also arrested several months earlier for jaywalking, prohibited by Texas Transportation Code Section 552.006. Because Texas Code of Criminal Procedure article 14.01 permits officers to arrest people without a warrant for offenses committed in their presence or view, the police did not violate the law. Calhoun could be arrested for these Class C misdemeanor offenses.