(a) A person commits an offense if the person or the person's servant or agent knowingly uses an incorrect weighing or measuring device in:
(1) buying or selling a commodity;
(2) computing a charge for services rendered on the basis of weight or measure; or
(3) determining the weight or measure of a commodity, if a charge is made for the determination.
(b) For the purpose of this section, a weighing or measuring device is incorrect if it:
(1) does not conform as closely as practicable to the official standards;
(2) is not accurate;
(3) is of a construction that is not reasonably permanent in adjustment or does not correctly repeat its indications;
(4) facilitates the perpetration of fraud; or
(5) does not conform to the specifications and tolerances established by the department under Section 13.114.