(b) The Legislature of the State of Texas hereby finds:
(6)That all federal acts, laws, executive orders,
agency orders, and rules or regulations of all kinds with the
purpose, intent, or effect of confiscating any firearm, banning any
firearm, limiting the size of a magazine for any firearm, imposing
any limit on the ammunition that may be purchased for any firearm,
taxing any firearm or ammunition therefore, or requiring the
registration of any firearm or ammunition therefore, infringes upon
Texan's right to bear arms in direct violation of the Second
Amendment to the Constitution of the United States, and therefore,
any such law is not made in pursuance of the Constitution, is not
authorized by the Constitution, and thus, is not the supreme law of
the land, and consequently, is invalid in this State and shall be
further considered null and void and of no effect in this State.
SECTION 2. Chapter 46, Penal Code, is amended by adding
Section 46.16 to read as follows:
Sec. 46.16. Second Amendment Shall Remain Inviolate;
Offences; Penalties.
(a) A person who is a Peace Officer, State Officer, or State
Employee commits an offense if the person, while acting under color
of the person's office or employment, intentionally enforces or
attempts to enforce any acts, laws, executive orders, agency
orders, rules or regulations of any kind whatsoever of the United
States government relating to confiscating any firearm, banning any
firearm, limiting the size of a magazine for any firearm, imposing
any limit on the ammunition that may be purchased for any firearm,
taxing any firearm or ammunition therefore, or requiring the
registration of any firearm or ammunition therefore.
(b) A person who is a public servant commits an offense if
the person, while acting under color of the person's office or
employment, intentionally enforces or attempts to enforce any acts,
laws, executive orders, agency orders, rules or regulations of any
kind whatsoever of the United States government relating to
confiscating any firearm, banning any firearm, limiting the size
of a magazine for any firearm, imposing any limit on the ammunition
that may be purchased for any firearm, taxing any firearm or
ammunition therefore, or requiring the registration of any firearm
or ammunition therefore.
<snip>
(d) An offense under Subsection (a) is a Class B
misdemeanor punishable by confinement for a term not to exceed 180
days, a fine of not more than $5,000, or both the confinement and
the fine.
(e) An offense under Subsection (b) is a Class A misdemeanor
punishable by confinement for a term not to exceed one year, a fine
of not more than $10,000, or both the confinement and the fine.