(a) A warehouseman may not issue a warehouse receipt for goods if the warehouseman knows at the time of issuance that the goods described in the receipt are not under the warehouseman’s control.
(b) A warehouseman who violates this section commits an offense. An offense under this section is a felony punishable by:
(1) imprisonment in the Texas Department of Criminal Justice for a term of not more than five years;
(2) a fine not to exceed $5,000; or
(3) both the fine and imprisonment.