(a) An owner or operator of a day-care center commits an offense if the owner or operator knowingly operates the day-care center:
(1) without a director who meets the qualifications of a director prescribed by department rules or an interim director under Section 42.04201; or
(2) without the routine presence during the day-care center's hours of operation of a director or an interim director described by Subdivision (1).
(b) An offense under this section is a Class B misdemeanor.