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.