(a) A person, including a firm, association, corporation, or other public or private organization, or the agent of the person, who violates a provision of § 121.003 commits an offense. An offense under this subsection is a misdemeanor punishable by:
(1) a fine of not more than $300; and
(2) 30 hours of community service to be performed for a governmental entity or nonprofit organization that primarily serves persons with visual impairments or other disabilities, or for another entity or organization at the discretion of the court, to be completed in not more than one year.
(b) In addition to the penalty provided in Subsection (a), a person, including a firm, association, corporation, or other public or private organization, or the agent of the person, who violates the provisions of § 121.003 is deemed to have deprived a person with a disability of his or her civil liberties. Subject to § 121.0041, if applicable, the person with a disability deprived of his or her civil liberties may maintain an action for damages in a court of competent jurisdiction, and there is a conclusive presumption of damages in the amount of at least $300 to the person with a disability.