(a) An offense under this chapter is punishable by:
(1) a fine of not more than $1,000;
(2) confinement in jail for not less than 30 days nor more than two years; or
(3) both the fine and confinement.
(b) A second or subsequent offense under this chapter is punishable by imprisonment in the Texas Department of Criminal Justice for not less than two years nor more than five years.

Terms Used In Texas Agriculture Code 149.005