(a) A person commits an offense if the person:
(1) removes livestock from a stockyard or railway shipping pen without a certificate required by rule of the commission under Section 161.044 of this code; or
(2) as owner or person in charge of the stockyard or pen, permits the removal of livestock under Subdivision (1) of this section.
(b) An offense under this section is a Class C misdemeanor for each head of livestock moved as prohibited by Subsection (a) of this section unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.