Section 401.382 - General Criminal Penalty(a) A person commits an offense if the person intentionally or knowingly violates a provision of this chapter other than the offense described by Section 401.383.(b) An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the person that the person has been previously convicted of an offense under this section, in which event the offense is a Class A misdemeanor.Tex. Health and Safety Code § 401.382
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.