(a) A person required to be licensed under this chapter commits an offense if the person:
(1) removes asbestos from a public building or encapsulates the asbestos without a license after having been previously assessed a civil or administrative penalty for removing or encapsulating asbestos without a license; or
(2) fails to keep records as required by Section 1954.251 after having been previously assessed a civil or administrative penalty for failing to keep records.
(b) An offense under this section is a misdemeanor punishable by a fine not to exceed $20,000, unless the defendant has been previously convicted under this section, in which event the offense is punishable by:
(1) a fine not to exceed $25,000;
(2) confinement in jail for not more than two years; or
(3) both the fine and confinement.