(a) Except as provided by Subsection (b) of this section, an offense under Section 76.201 of this code is a Class C misdemeanor, unless the person has been previously convicted of an offense under that section, in which event the offense is a Class B misdemeanor.(b) An offense under Section 76.201(e) of this code is a Class A misdemeanor, unless the person has been previously convicted of an offense under that subsection, in which event the offense is a felony of the third degree.Tex. Agric. Code § 76.202
Amended by Acts 1997, 75th Leg., ch. 1369, Sec. 1, eff. 9/1/1997.Amended by Acts 1983, 68th Leg., p. 4865, ch. 857, Sec. 3, eff. 9/1/1983 Acts 1981, 67th Leg., p. 1206, ch. 388, Sec. 1, eff. 9/1/1981.Amended by Acts 1981, 67th Leg., p. 2591, ch. 693, Sec. 12, eff. 9/1/1981