(a) A member of a governmental body commits an offense if the member:
(1) knowingly engages in at least one communication among a series of communications that each occur outside of a meeting authorized by this chapter and that concern an issue within the jurisdiction of the governmental body in which the members engaging in the individual communications constitute fewer than a quorum of members but the members engaging in the series of communications constitute a quorum of members; and
(2) knew at the time the member engaged in the communication that the series of communications:
(A) involved or would involve a quorum; and
(B) would constitute a deliberation once a quorum of members engaged in the series of communications.
(b) An offense under Subsection (a) is a misdemeanor punishable by:
(1) a fine of not less than $100 or more than $500;
(2) confinement in the county jail for not less than one month or more than six months; or
(3) both the fine and confinement.