Sec. 90.011. PENALTY. (a) A person commits an offense if the person violates Section 90.002 , 90.008 , or 90.0085 . (b) Except as provided by Subsection (c), an offense under Subsection (a) is a Class C misdemeanor. (c) If it is shown on the trial of an offense under this section that the defendant was previously convicted two or more times under Section 90.002 or 90.008 , on conviction the defendant shall be punished for a Class B misdemeanor. (d) Each violation under this section is a separate offense. (e) Notwithstanding Section 12.403 of this code, Subchapter B , Chapter 12 , Penal Code, applies to punishments under this section.
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