Since I get asked often to use railroad tracks as a photo location, I wanted to explain why I always REFUSE. Before you say I see people do it all the time... I do also. I can only say that either they dont know the law or just choose to break it. Per Texas Penal Code, Section: 28.07. It is illegal to enter or remain on railroad property, knowing that it is railroad property; The code is written as: (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.). - See more at: codes.lp.findlaw/txstatutes/PE/7/28/28.07#sthash.t0cSPrJb.dpuf lubbockonline/editorials-letters/2011-05-21/letter-trespassing-railroad-tracks-both-dangerous-and-illegal#.VGlJ3smupgk Here is just one of many articles that discusses it.
Posted on: Mon, 17 Nov 2014 01:15:02 +0000
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