BILL ANALYSIS


                                                        H.B. 2402
                                         By: Thompson (Zaffirini)
                                        Health and Human Services
                                                          5-24-95
                              Senate Committee Report (Unamended)
BACKGROUND

The 73rd Legislature, Regular Session, 1993, passed Chapter 146,
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 resulted in the sites of conventions, such as
hotels, being licensed tattoo parlors for an entire year.

The tattooing industry prefers the term "tattoo studio" rather than
the outdated "tattoo parlor."

The prohibition in Chapter 146 against the tattooing of anyone
under the age of 18 has created a problem for parents of minor
children because they are not able to have tattoos covered which
may be obscene, gang-related, drug-related, or otherwise offensive.

PURPOSE

As proposed, H.B. 2402 changes all references to "tattoo parlor" to
"tattoo studio"; sets forth provisions for the licensing of
temporary tattooing locations; and authorizes 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

SECTION 1. Amends the heading to Chapter 146, Health and Safety
Code, as follows:

                   CHAPTER 146.  TATTOO STUDIOS

SECTION 2. Amends Section 146.001, Health and Safety Code, as added
by Chapter 580, Acts of the 73rd Legislature, Regular Session,
1993, by amending Subdivision (3), and adding Subdivision (f), to
define "tattoo studio" and "temporary location."

SECTION 3. Amends Section 146.002, Health and Safety Code, as added
by Chapter 580, Acts of the 73rd Legislature, Regular Session,
1993, as follows:

     (a) Prohibits a person from conducting, operating, or
     maintaining a tattoo studio instead of a "tattoo parlor,"
     unless the person holds a license issued by the Texas
     Department of Health (department).
     
     (b) Prohibits a person from practicing tattooing at a
     temporary location unless the person holds a temporary
     location license issued by the department.
     
     (c) Makes conforming changes.
     
     (d) Provides that this chapter does not apply to a medical
     facility licensed under other law, or an office or clinic of
     a person licensed by the Texas State Board of Medical
     Examiners.
     
     SECTION 4.     Amends Section 146.003, Health and Safety Code, as added
by Chapter 580, Acts of the 73rd Legislature, Regular Session,
1993, as follows:

     (a) Requires a person, to receive a tattoo studio license or
     temporary location license, to submit a signed, verified
     license application to the department.
     
     (b) Authorizes the department to issue a license for a tattoo
     studio after determining that the studio is in compliance with
     applicable statutes, rules, and building and zoning codes.
     
     (c) Requires the department, on receipt of a temporary
     location license application, to request confirmation from the
     appropriate building and zoning officials in the municipality
     or county in which the temporary location is proposed to be
     located to determine compliance with applicable existing
     building and zoning codes.  Authorizes the department to issue
     a license for a temporary location after determining that the
     temporary location complies with applicable building and
     zoning codes.
     
     SECTION 5.     Amends Section 146.004, Health and Safety Code, as added
by Chapter 580, Acts of the 73rd Legislature, Regular Session,
1993, as follows:

     Sec. 146.004.  New heading: LICENSE TERM; RENEWAL.  (a) Makes
     a tattoo studio license valid for one year, and a temporary
     tattooing location license for a specified period not to
     exceed seven days.
     
     (b) Authorizes a tattoo studio license to be renewed
       annually on payment of the required renewal fee.
       
       SECTION 6.   Amends Section 146.006(a), Health and Safety Code, as
added by Chapter 580, Acts of the 73rd Legislature, Regular
Session, 1993, to require a person holding a tattoo studio license
who intends to change the location of the studio to notify the
department in writing of that intent.

SECTION 7. Amends Section 146.007, Health and Safety Code, as added
by Chapter 580, Acts of the 73rd Legislature, Regular Session,
1993, to make a conforming change.

SECTION 8. Amends Section 146.008, Health and Safety Code, as added
by Chapter 580, Acts of the 73rd Legislature, Regular Session,
1993, to require each tattooist who works in a tattoo studio or at
a temporary location to take precaution to prevent the spread of
infection.  Makes conforming changes.

SECTION 9. Amends Section 146.009, Health and Safety Code, as added
by Chapter 580, Acts of the 73rd Legislature, Regular Session,
1993, to make a conforming change.

SECTION 10.    Amends Section 146.010, Health and Safety Code, as
added by Chapter 580, Acts of the 73rd Legislature, Regular
Session, 1993, to make conforming changes.

SECTION 11.    Amends Section 146.012, Health and Safety Code, as
added by Chapter 580, Acts of the 73rd Legislature, Regular
Session, 1993, as follows:

     (a) Prohibits a tattooist from tattooing a person younger than
     18 years of age without the written and notarized consent from
     a parent or guardian who determines it to be in the best
     interest to cover a tattoo which contains certain words,
     symbols, or markings that are obscene, gang-related, drug-related, or that the court determines would be in the best
     interest of the minor to cover.
     
     (b) Authorizes a justice court to issue the order if the
     parent or guardian and the minor agree to the covering of a
     tattoo described by Subsection (a).  Requires the order to be
     issued by a district court or other court with jurisdiction of
     a suit affecting the parent-child relationship or a civil
     proceeding under Title 3 or 4, Family Code, if the parent or
     guardian and minor do not agree.
     
     (c) Requires the written consent required by Subsection (a) to
     indicate the location on the person's body at which the tattoo
     may be placed.
     
     SECTION 12.    Amends Section 146.014, Health and Safety Code, as
added by Chapter 580, Acts of the 73rd Legislature, Regular
Session, 1993, to make a conforming change.

SECTION 13.    Amends Section 146.016, Health and Safety Code, as
added by Chapter 580, Acts of the 73rd Legislature, Regular
Session, 1993, to make conforming changes.

SECTION 14.    Effective date: September 1, 1995.

SECTION 15.    Emergency clause.