(a) A person commits an offense if, as a livestock commission merchant, the person intentionally fails and refuses to remit the net proceeds of a sale of livestock in accordance with Section 147.004 of this code.
(b) A person commits an offense if, as a livestock auction commission merchant, the person intentionally fails and refuses to remit the net proceeds of a sale of livestock in accordance with Section 147.004 of this code.
(c) An offense under Subsection (a) of this section is a misdemeanor punishable by:
(1) a fine of not less than $100 nor more than $1,000;
(2) confinement in county jail for not less than 1 month nor more than 12 months; or
(3) both fine and confinement under this subsection.
(d) An offense under Subsection (b) of this section is a misdemeanor punishable by:
(1) a fine of not less than $25 nor more than $100;
(2) confinement in county jail for not more than 30 days; or
(3) both fine and confinement under this subsection.