(a) A person who violates Section 728.002 is subject to a civil penalty of:
(1) not more than $500 for a first violation;
(2) not less than $500 or more than $1,000 for a second violation; or
(3) not less than $1,000 or more than $5,000 for a third or subsequent violation.
(b) On a finding by the trier of fact that a person wilfully or with conscious indifference violated Section 728.002, the court may triple the penalty due under Subsection (a).