PENALTIES

(a) For purposes of this section, "final conviction" includes a plea of guilty or nolo contendere to or the imposition of deferred adjudication or deferred disposition for an offense. (b) A person commits an offense if the person violates: (1) Section 75.0104(a) or 75.0106; or (2) a rule adopted under this chapter. (b-1) An offense under Subsection (b)(1) is a Class B Parks and Wildlife Code misdemeanor, except that the offense is a Class A Parks and Wildlife Code misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under Subsection (b)(1) during the five-year period preceding the date of the trial of the current offense. (b-2) An offense under Subsection (b)(2) is a Class C Parks and Wildlife Code misdemeanor, except that the offense is a Class B Parks and Wildlife Code misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under Subsection (b)(2) two or more times during the five-year period preceding the date of the trial of the current offense. (c) If conduct constituting an offense under this section also constitutes an offense under Section 33.112, Natural Resources Code, the actor may be prosecuted under this section, Section 33.112, Natural Resources Code, or both.