BILL ANALYSIS



C.S.H.B. 2402
By: Thompson
04-11-95
Committee Report (Substituted)


BACKGROUND

The 73rd Legislature passed Chapter 146 of the Health and Safety
Code, relating to the regulation of tattoo parlors. This was the
first time the industry was regulated in Texas, and no provisions
were made for temporary location permits for the various tattoo
conventions occurring around the state. At times, this has led to
the sites of the conventions, such as hotels, being licensed tattoo
parlors for an entire year.

The Chapter also required a prelicensure inspection, which has been
expensive and burdensome for the TDH, and possibly less effective
than unscheduled inspections of the working conditions at the
business.

The tattooing industry prefers the term "tattoo studio" when
referring to the individual businesses, rather than the outdated
term "tattoo parlor."

This Chapter as passed prohibits the tattooing of anyone under the
age of 18. This has created a problem for parents of minor
children, who are not able to have homemade tattoos covered on
their children. These tattoos are sometimes obscene, gang or drug-related or otherwise offensive. 

PURPOSE

H.B. 2402, as substituted, changes all references to "tattoo
parlor" to "tattoo studio," removes the requirement of a
prelicensure inspection of tattoo studios, and allows parents or
guardians to give consent to allow a minor to be tattooed to cover
an obscene, gang-related, drug-related or other tattoo considered
to be detrimental to the child.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

Amends Chapter 146 of the Health and Safety Code, as added by
Chapter 580, Acts of the 73rd Legislature, Regular Session, 1993 as
follows:

SECTION 1. Amends Chapter 146 by changing the title to "CHAPTER
146. TATTOO STUDIO."

SECTION 2. Amends Sec. 146.001 by changing all references from
"tattoo parlor" to "tattoo studio."

SECTION 3. Amends Sec. 146.002 by changing all references from
"tattoo parlor" to "tattoo studio," and by establishing that a
person may operate a tattoo studio if the person has filed with the
TDH a signed and verified license form furnished by the TDH. Adds
the requirement that only the locations in compliance with this
chapter are permitted to tattoo, and adds a statement exempting a
licensed medical facility and a licensed office or clinic from the
chapter.
SECTION 4. Amends Sec. 146.003 by changing all references from
"tattoo parlor" to "tattoo studio," deleting the requirement of a
prelicensure inspection, and making conforming changes.

SECTION 5. Amends Sec. 146.004 by changing all references from
"tattoo parlor" to "tattoo studio," and establishing that a
temporary license is valid for no more than 7 days. 

SECTION 6. Amends Sec. 146.006(a) by changing the reference from
"tattoo parlor" to "tattoo studio."

SECTION 7. Amends Sec. 146.007 by changing the reference from
"tattoo parlor" to "tattoo studio."

SECTION 8. Amends Sec. 146.008 by changing all references from
"tattoo parlor" to "tattoo studio."

SECTION 9. Amends Sec. 146.009 by changing the reference from
"tattoo parlor" to "tattoo studio."

SECTION 10. Amends Sec. 146.010 by changing all references from
"tattoo parlor" to "tattoo studio."

SECTION 11. Amends Sec. 146.012 by adding that persons younger than
18 years old may be tattooed if they have the written and notarized
consent of a parent or guardian who determines that it is in the
minor's best interest to cover certain types of tattoos, as
specified in this section.

SECTION 12. Amends Sec. 146.016 by changing all references from
"tattoo parlor" to "tattoo studio."

SECTION 13. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute version of the bill removes a provision which would
allow a temporary location license to be issued for tattooing
performed at a site for 7 days or less in conjunction with a
specific event. The substitute also removes a provision which would
allow minors to get tattoos, under specific circumstances, under an
order of a justice court. Instead, the substitute proposes that
minors may get tattoos, under those same circumstances, if their
parents or guardians give written and notarized consent.

SUMMARY OF COMMITTEE ACTION

H.B. 2402 was considered by the committee in a public hearing on
March 28, 1995.

The following persons testified in favor of the bill:
Representative Thompson, author of the bill.
Sandy Prindle, representing self and Justices of the Peace of Texas
Association.

The following person testified against the bill:
Roxanne Wheelis, representing Texas Tattoo Association.

The following person testified neutrally on the bill:
Cynthia Culmo, representing Texas Department of Health.

The bill was referred to a subcommittee consisting of
Representatives Delisi, Chair; McDonald, and Rodriguez. The
subcommittee considered the bill in a formal meeting on April 5,
1995. The subcommittee considered a complete substitute for the
bill. The subcommittee adopted the substitute without objection.
The bill was reported favorably as substituted to the full
committee by a record vote of 3 Ayes, 0 Nays, 0 PNV, and 0 Absent.
H.B. 2402 was considered on subcommittee report by the committee in
a public hearing on April 11, 1995. The subcommittee report was
approved without objection. The committee considered a complete
substitute for the bill. One amendment was considered by the
committee. The amendment was adopted without objection. The
substitute was adopted as amended without objection. The bill was
reported favorably as substituted, with the recommendation that it
do pass and be printed, by a record vote of 6 Ayes, 0 Nays, 0 PNV,
and 3 Absent.