(a) A person commits an offense if the person begins drilling or using a disposal well or converting an existing well into a disposal well to dispose of oil and gas waste without first obtaining a permit from the railroad commission.
(b) An offense under this section is:
(1) a felony of the third degree if no oil and gas waste has been disposed of or the total value of the oil and gas waste disposed of is less than $10,000;
(2) a felony of the second degree if the total value of the oil and gas waste disposed of is $10,000 or more but less than $100,000; or
(3) a felony of the first degree if the total value of the oil and gas waste disposed of is $100,000 or more.
(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law, but not both.