(a) A person commits an offense if the person:
(1) is required to hold a license under this chapter; and
(2) provides without holding the required license personal assistance services to a resident of an assisted living facility, as defined by Section 247.002.
(b) An offense under this section is a Class A misdemeanor, except the offense is a felony of the third degree if the person has been previously convicted of an offense under this section.