|(a) An offense under Section 161.0411 of the Texas Agriculture Code is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor. (b) The commission may impose an administrative penalty against a person who violates a rule or order adopted under this chapter. The penalty for a violation may be in an amount not to exceed $1,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The amount of the penalty shall not be based on a per head basis.