1. (a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.

2. (b) For purposes of this section, "enter" means to intrude:

   1. (1) any part of the body; or
   2. (2) any physical object connected with the body.
3. (c) For purposes of this section, a container or trailer carried on a rail car is a part of the rail car.
4. (d) An offense under this section is a Class A misdemeanor unless the vehicle or part of the vehicle broken into or entered is a rail car, in which event the offense is a state jail felony.
5. (e) It is a defense to prosecution under this section that the actor entered a rail car or any part of a rail car and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;

Acts 1999, 76th Leg., ch. 916, Sec. 1, eff. Sept. 1, 1999.