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 The tattooing industry prefers the term "tattoo studio" rather than the outdated "tattoo parlor."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