Its a story that we don't hear very often but we always have to ask "Why?" That would be about someone getting killed or seriously hurt because they got hit by a train. And sometimes we'll see a photoshoot of someone posing on or around a train track that look spectacular. Problem is, at least in Texas, that kind of picturesque picture taking is illegal.

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They are Beautiful Photos

We've seen them on Instagram or other forms of social media or even art displays of magnificent looking photos of a model posing on or around a train track. Those scenes could be on a single rail in the countryside or the multiple rails of a railyard. Even high school seniors have chosen this locale for their senior pictures. Problem is, by Texas law, this is illegal to do.

Texas Penal Code 28.07

There is a lot of legal speak but Texas Penal Code 28.07 says that a person or persons can not enter a railroad property (pose on a railroad track) or place an obstruction on a railroad track or right of way (setting up a camera tripod). Penalties can range from Class C misdemeanor all the way to a first degree felony.

In other words, don't set up a photoshoot on a train track.

There is a line in the law that says "without the effective consent of the owner." So I would assume that you might be able to call a rail station and possibly set something up at that location. I can't speak for those stations, though, so you would just need to call them and ask.

This is the full penal code below:

(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.

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