H.B. No. 2402
1-1 AN ACT
1-2 relating to the regulation of tattoo studios.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading to Chapter 146, Health and Safety
1-5 Code, as added by Chapter 580, Acts of the 73rd Legislature,
1-6 Regular Session, 1993, is amended to read as follows:
1-7 CHAPTER 146. TATTOO STUDIOS <PARLORS>
1-8 SECTION 2. Section 146.001, Health and Safety Code, as added
1-9 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
1-10 1993, is amended by amending Subdivision (3) and by adding
1-11 Subdivision (4) to read as follows:
1-12 (3) "Tattoo studio <parlor>" means an establishment or
1-13 facility in which tattooing is performed.
1-14 (4) "Temporary location" means a fixed location at
1-15 which an individual operator performs tattooing for a specified
1-16 period of not more than seven days in conjunction with a single
1-17 event or celebration, where the primary function of the event or
1-18 celebration is tattooing.
1-19 SECTION 3. Section 146.002, Health and Safety Code, as added
1-20 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
1-21 1993, is amended to read as follows:
1-22 Sec. 146.002. License Required. (a) A person may not
1-23 conduct, operate, or maintain a tattoo studio <parlor> unless the
2-1 person holds a license issued by the department to operate the
2-2 studio <parlor>.
2-3 (b) A person may not practice tattooing at a temporary
2-4 location unless the person holds a temporary location license
2-5 issued by the department.
2-6 (c) The license must <shall> be displayed in a prominent
2-7 place in the tattoo studio or temporary location <parlor>.
2-8 (d) Tattooing is permitted only at a location that is in
2-9 compliance with this chapter and rules adopted under this chapter.
2-10 (e) This chapter does not apply to:
2-11 (1) a medical facility licensed under other law; or
2-12 (2) an office or clinic of a person licensed by the
2-13 Texas State Board of Medical Examiners.
2-14 SECTION 4. Section 146.003, Health and Safety Code, as added
2-15 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
2-16 1993, is amended to read as follows:
2-17 Sec. 146.003. License Application. (a) To receive a tattoo
2-18 studio <parlor> license or temporary location license, a person
2-19 must submit a signed, verified license application to the
2-20 department on a form prescribed by the department and must submit
2-21 an application fee.
2-22 (b) On receipt of a tattoo studio license application, the
2-23 department shall inspect the proposed tattoo studio <parlor> to
2-24 determine compliance with this chapter and rules adopted by the
2-25 board under this chapter. In addition, the department shall
3-1 request confirmation from the appropriate building and zoning
3-2 officials in the municipality or county in which the studio
3-3 <parlor> is proposed to be located to determine compliance with
3-4 existing building and zoning codes applicable to the studio
3-5 <parlor>. The department may issue a license for a tattoo studio
3-6 after determining that the studio is in compliance with applicable
3-7 statutes, rules, and building and zoning codes.
3-8 (c) On receipt of a temporary location license application,
3-9 the department shall request confirmation from the appropriate
3-10 building and zoning officials in the municipality or county in
3-11 which the temporary location is proposed to be located to determine
3-12 compliance with applicable existing building and zoning codes. The
3-13 department may issue a license for a temporary location after
3-14 determining that the temporary location <parlor> is in compliance
3-15 with applicable <statutes, rules, and> building and zoning codes.
3-16 SECTION 5. Section 146.004, Health and Safety Code, as added
3-17 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
3-18 1993, is amended to read as follows:
3-19 Sec. 146.004. License Term; Renewal. (a) A tattoo studio
3-20 license is valid for one year from the date of issuance. A
3-21 temporary tattooing location license is valid for a specified
3-22 period not to exceed seven days.
3-23 (b) A tattoo studio license <and> may be renewed annually on
3-24 payment of the required renewal fee.
3-25 SECTION 6. Section 146.006(a), Health and Safety Code, as
4-1 added by Chapter 580, Acts of the 73rd Legislature, Regular
4-2 Session, 1993, is amended to read as follows:
4-3 (a) A person holding a tattoo studio license under this
4-4 chapter who intends to change the location of the tattoo studio
4-5 <parlor> shall notify the department in writing of that intent not
4-6 less than 30 days before the change is to occur. The notice shall
4-7 include the street address of the new location and the name and
4-8 residence address of the individual in charge of the business at
4-9 the new location.
4-10 SECTION 7. Section 146.007, Health and Safety Code, as added
4-11 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
4-12 1993, is amended to read as follows:
4-13 Sec. 146.007. Compliance With Chapter and Rules. A person
4-14 who owns, operates, or maintains a tattoo studio or practices
4-15 tattooing at a temporary location <parlor> shall comply with this
4-16 chapter and rules adopted under this chapter.
4-17 SECTION 8. Section 146.008, Health and Safety Code, as added
4-18 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
4-19 1993, is amended to read as follows:
4-20 Sec. 146.008. Aseptic Techniques. A person who owns,
4-21 operates, or maintains a tattoo studio <parlor> and each tattooist
4-22 who works in the studio or at a temporary location <parlor> shall
4-23 take precautions to prevent the spread of infection, including:
4-24 (1) using germicidal soap to clean the hands of the
4-25 tattooist and the skin area of the client to be tattooed;
5-1 (2) wearing clean apparel and rubber gloves;
5-2 (3) using sterile tools and equipment as provided by
5-3 Section 146.011; and
5-4 (4) keeping the tattoo studio or temporary location
5-5 <parlor> in a sanitary condition.
5-6 SECTION 9. Section 146.009, Health and Safety Code, as added
5-7 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
5-8 1993, is amended to read as follows:
5-9 Sec. 146.009. Building and Location. A tattoo studio
5-10 <parlor> must be in a permanent, nondwelling building located in an
5-11 area in which the location is permissible under local zoning codes,
5-12 if any.
5-13 SECTION 10. Section 146.010, Health and Safety Code, as
5-14 added by Chapter 580, Acts of the 73rd Legislature, Regular
5-15 Session, 1993, is amended to read as follows:
5-16 Sec. 146.010. Sanitation Requirements. (a) The board by
5-17 rule shall establish sanitation requirements for tattoo studios
5-18 <parlors> and any other necessary requirements relating to the
5-19 building or part of the building in which a tattoo studio <parlor>
5-20 is located.
5-21 (b) A person who owns, operates, or maintains a tattoo
5-22 studio <parlor> shall comply with the rules adopted under this
5-23 section.
5-24 SECTION 11. Section 146.012, Health and Safety Code, as
5-25 added by Chapter 580, Acts of the 73rd Legislature, Regular
6-1 Session, 1993, is amended to read as follows:
6-2 Sec. 146.012. Tattoos Prohibited for Certain Persons. (a) A
6-3 tattooist may not tattoo:
6-4 (1) a person younger than 18 years of age without
6-5 written and notarized consent from a parent or guardian who
6-6 determines it to be in the best interest to cover a tattoo which
6-7 contains:
6-8 (A) obscene or offensive language or symbols;
6-9 (B) gang-related names, symbols, or markings;
6-10 (C) drug-related names, symbols, or pictures; or
6-11 (D) some other type of words, symbols, or
6-12 markings that the court considers would be in the best interest of
6-13 the minor to cover; or
6-14 (2) a person whom the tattooist suspects is under the
6-15 influence of alcohol or drugs.
6-16 (b) If a parent or guardian of the minor and the minor agree
6-17 to the covering of a tattoo described by Subsection (a), a justice
6-18 court may issue the order. If the parent or guardian and the minor
6-19 do not agree, the order must be issued by a district court or other
6-20 court with jurisdiction of a suit affecting the parent-child
6-21 relationship or a civil proceeding brought under Title 3 or 4,
6-22 Family Code.
6-23 (c) The written consent required by Subsection (a) must
6-24 indicate the location on the person's body at which the tattoo may
6-25 be placed.
7-1 SECTION 12. Section 146.014, Health and Safety Code, as
7-2 added by Chapter 580, Acts of the 73rd Legislature, Regular
7-3 Session, 1993, is amended to read as follows:
7-4 Sec. 146.014. Report of Infection. A person who owns,
7-5 operates, or maintains a tattoo studio <parlor> shall report to the
7-6 department any infection resulting from tattooing as soon as it
7-7 becomes known.
7-8 SECTION 13. Section 146.016, Health and Safety Code, as
7-9 added by Chapter 580, Acts of the 73rd Legislature, Regular
7-10 Session, 1993, is amended to read as follows:
7-11 Sec. 146.016. Inspections. (a) The department shall
7-12 inspect a tattoo studio <parlor> to determine if the studio
7-13 <parlor> complies with this chapter and the rules adopted under
7-14 this chapter.
7-15 (b) A person who owns, operates, or maintains a tattoo
7-16 studio <parlor> shall allow inspection of the studio <parlor> by
7-17 the department at any time the studio <parlor> is in operation.
7-18 (c) The department shall inform the person who owns,
7-19 operates, or maintains a tattoo studio <parlor> of any violation
7-20 discovered by the department under this section and shall give the
7-21 person a reasonable period in which to take necessary corrective
7-22 action.
7-23 SECTION 14. This Act takes effect September 1, 1995.
7-24 SECTION 15. The importance of this legislation and the
7-25 crowded condition of the calendars in both houses create an
8-1 emergency and an imperative public necessity that the
8-2 constitutional rule requiring bills to be read on three several
8-3 days in each house be suspended, and this rule is hereby suspended.