(a) Except as provided by Subsection (b) of this section, an offense under § 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 § 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.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $4,000
Class B misdemeanorup to 180 daysup to $2,000
Class C misdemeanorup to $500
For details, see Texas Penal Code § 12.21, Texas Penal Code § 12.22 and

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Terms Used In Texas Agriculture Code 76.202

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005