(a) A person commits an offense if the person violates Section 341.404. An offense under that section is a Class C misdemeanor.
(b) A person who violates Section 341.404:
(1) may be prosecuted for the offense; or
(2) may be held liable for:
(A) the penalties under Chapter 349; and
(B) civil penalties assessed by the consumer credit commissioner.
(c) A person is not subject to both prosecution and the penalties described by Subsection (b)(2).