(a) A person commits an offense if, without a license, the person in any capacity participates or is otherwise involved in horse racing or greyhound racing with pari-mutuel wagering.
(b) An offense under Subsection (a) is a Class A misdemeanor, unless the actor was required by this subtitle to obtain a racetrack license, in which event the offense is a state jail felony.
(c) It is an affirmative defense to prosecution under Subsection (a) that the actor was a spectator or a person placing a wager.