(a) A person commits an offense if:
(1) knowing that another will use the published information to avoid payment of a charge for telecommunications service, the person publishes:
(A) an existing, cancelled, revoked, or nonexistent telephone number;
(B) a credit number or other credit device; or
(C) a method of numbering or coding that is used in issuing telephone numbers or credit devices, including credit numbers; or
(2) the person makes or possesses equipment specifically designed to be used fraudulently to avoid charges for telecommunications service.
(b) An offense under this section is a misdemeanor punishable by a fine of not more than $500, by confinement in jail for not more than 60 days, or by both, unless the person has been previously convicted of an offense under this section. A second or subsequent offense is a felony punishable by a fine of not more than $5,000, by imprisonment in the Texas Department of Criminal Justice for not less than two years and not more than five years, or by both.
(c) This section does not apply to an employee of a public utility who provides telecommunications service while acting in the course of employment.