(a) An offense under this chapter is punishable by:
(1) a fine of not more than $1,000;
(2) confinement in jail for not less than 30 days nor more than two years; or
(3) both the fine and confinement.
(b) A second or subsequent offense under this chapter is punishable by imprisonment in the Texas Department of Criminal Justice for not less than two years nor more than five years.