(b) A person commits an offense if, with the intent to intercept, descramble, or decode a cable television service and without the authorization of the provider of the service, the person intentionally or knowingly:

(1) makes or maintains an unauthorized cable connection or otherwise intercepts cable television service;

(2) purchases, possesses, attaches to, causes to be attached to, maintains an attachment to, or incorporates in a television set, videotape recorder, other equipment designed to receive a television transmission, or equipment of a cable television system a device that intercepts, descrambles, or decodes the service; or

(3) tampers with, changes, or modifies the equipment of a cable television system.

(c) In this section:

(1) "Cable television service" means a service provided by or through a facility of a cable television system, closed circuit coaxial cable communication system, or microwave or similar transmission service used in connection with a cable television system.

(2) "Device" means a device other than a nondecoding or nondescrambling channel frequency converter or television receiver type-accepted by the Federal Communications Commission.

(d) If an unauthorized device capable of or designed to intercept, descramble, or decode a cable television service is present on the premises or property occupied and used by a person, it is presumed that the person intentionally or knowingly used the device to intercept, descramble, or decode a transmission or a service. If an unauthorized cable television connection is present on the premises or property occupied and used by a person, it is presumed that the person intentionally or knowingly used the connection to intercept cable television service. If equipment of a cable television system that has been tampered with, changed, or modified is present on the premises or property occupied and used by a person, it is presumed that the person intentionally or knowingly used the equipment to intercept, descramble, or decode a cable television service.

(e) The presumptions created by Subsection (d) do not apply if the person accused shows by a preponderance of the evidence that the presence of the unauthorized device or connection, or the tampering, change, or modification of the equipment of the cable television system, may be attributed to the conduct of another.

(f) The presumptions created by Subsection (d) do not apply to a telecommunications company that provides local or long distance communications services and uses equipment described by that subsection in the normal course of its business.

(g) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law.

(h) An offense under this section is a Class B misdemeanor unless the actor committed the offense for remuneration, in which event it is a Class A misdemeanor.