By Thompson H.B. No. 2402
A BILL TO BE ENTITLED
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. Chapter 146, Health and Safety Code, as added by
1-5 Chapter 580, Acts of the 73rd Legislature, Regular Session, 1993,
1-6 is amended by amending the title to read as follows:
1-7 CHAPTER 146. TATTOO <PARLORS>STUDIOS
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 to read as follows:
1-11 Sec. 146.001. DEFINITIONS. In this chapter:
1-12 (1) "Tattoo" means the practice of producing an
1-13 indelible mark or figure on the human body by scarring or inserting
1-14 a pigment under the skin using needles, scalpels, or other related
1-15 equipment.
1-16 (2) "Tattooist" means a person who performs tattooing.
1-17 (3) "Tattoo <parlor>studio" means an establishment or
1-18 facility in which tattooing is performed.
1-19 (4) "Temporary Location" means an individual
1-20 operator's tattooing area at a fixed location where tattooing is
1-21 performed for a specified length of time of not more than 7 days in
1-22 conjunction with a single event or celebration.
1-23 SECTION 3. Section 146.002, Health and Safety Code, as added
2-1 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
2-2 1993, is amended to read as follows:
2-3 Sec. 146.002. LICENSE REQUIRED. (a) A person may not
2-4 conduct, operate, or maintain a tattoo <parlor>studio unless the
2-5 person has filed with the department a signed and verified license
2-6 statement on a form furnished by the department <holds a license
2-7 issued by the department to operate the parlor>.
2-8 (b) The license shall be displayed in a prominent place in
2-9 the tattoo <parlor>studio.
2-10 (c) Tattooing shall only be permitted at a location that is
2-11 in compliance with this chapter and rules adopted under this
2-12 chapter.
2-13 SECTION 4. Section 146.003, Health and Safety Code, as added
2-14 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
2-15 1993, is amended to read as follows:
2-16 Sec. 146.003. LICENSE APPLICATION. (a) To receive a tattoo
2-17 <parlor>studio license, a person must submit a license application
2-18 to the department on a form prescribed by the department and must
2-19 submit an application fee.
2-20 (b) On receipt of a license application, the department
2-21 <shall inspect the proposed tattoo parlor to determine compliance
2-22 with this chapter and rules adopted by the board under this
2-23 chapter. In addition, the department> shall request confirmation
2-24 from the appropriate building and zoning officials in the
2-25 municipality or county in which the <parlor>studio is proposed to
3-1 be located to determine compliance with existing building and
3-2 zoning codes applicable to the <parlor>studio.
3-3 (c) The department may issue a license after determining
3-4 that the <parlor>studio is in compliance with existing<applicable
3-5 statutes, rules, and> building and zoning codes.
3-6 SECTION 5. Section 146.004, Health and Safety Code, as added
3-7 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
3-8 1993, is amended to read as follows:
3-9 Sec. 146.004. LICENSE RENEWAL. (a) A tattoo studio license
3-10 is valid for one year from the date of issuance and may be renewed
3-11 annually on payment of the required renewal fee.
3-12 (b) A temporary location license is valid for a specified
3-13 length of time of not more than 7 days.
3-14 SECTION 6. Section 146.006(a), Health and Safety Code, as
3-15 added by Chapter 580, Acts of the 73rd Legislature, Regular
3-16 Session, 1993, is amended to read as follows:
3-17 Sec. 146.006. CHANGE OF LOCATION. (a) A person holding a
3-18 license under this chapter who intends to change the location of
3-19 the tattoo <parlor>studio shall notify the department in writing of
3-20 that intent not less than 30 days before the change is to occur.
3-21 The notice shall include the street address of the new location and
3-22 the name and residence address of the individual in charge of the
3-23 business at the new location.
3-24 SECTION 7. Section 146.007, Health and Safety Code, as added
3-25 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
4-1 1993, is amended to read as follows:
4-2 Sec. 146.007. COMPLIANCE WITH CHAPTER AND RULES. A person
4-3 who owns, operates, or maintains a tattoo <parlor>studio shall
4-4 comply with this chapter and rules adopted under this chapter.
4-5 SECTION 8. Section 146.008, Health and Safety Code, as added
4-6 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
4-7 1993, is amended to read as follows:
4-8 Sec. 146.008. ASEPTIC TECHNIQUES. A person who owns,
4-9 operates, or maintains a tattoo <parlor>studio and each tattooist
4-10 who works in the <parlor>studio shall take precautions to prevent
4-11 the spread of infection, including:
4-12 (1) using germicidal soap to clean the hands of the
4-13 tattooist and the skin area of the client to be tattooed;
4-14 (2) wearing clean apparel and rubber gloves;
4-15 (3) using sterile tools and equipment as provided by
4-16 Section 146.011; and
4-17 (4) keeping the tattoo <parlor>studio in a sanitary
4-18 condition.
4-19 SECTION 9. Section 146.009, Health and Safety Code, as added
4-20 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
4-21 1993, is amended to read as follows:
4-22 Sec. 146.009. BUILDING AND LOCATION. A tattoo
4-23 <parlor>studio must be in a permanent, nondwelling building located
4-24 in an area in which the location is permissible under local zoning
4-25 codes, if any.
5-1 SECTION 10. Section 146.010, Health and Safety Code, as
5-2 added by Chapter 580, Acts of the 73rd Legislature, Regular
5-3 Session, 1993, is amended to read as follows:
5-4 Sec. 146.010. SANITATION REQUIREMENTS. (a) The board by
5-5 rule shall establish sanitation requirements for tattoo
5-6 <parlors>studio and any other requirements relating to the building
5-7 or part of the building in which a tattoo <parlor>studio is
5-8 located.
5-9 (b) A person who owns, operates, or maintains a tattoo
5-10 <parlor>studio shall comply with the rules adopted under this
5-11 section.
5-12 SECTION 11. Section 146.012, Health and Safety Code, as
5-13 added by Chapter 580, Acts of the 73rd Legislature, Regular
5-14 Session, 1993, is amended by
5-15 Sec. 146.012. TATTOOS PROHIBITED FOR CERTAIN PERSONS. A
5-16 tattooist may not tattoo:
5-17 (1) a person younger than 18 years of age, except on an
5-18 order of a justice court in which the court finds it is in the best
5-19 interest of the minor to cover a tattoo which:
5-20 (a) contains obscene or offensive language or symbols;
5-21 (b) contains gang related names, symbols, or markings;
5-22 (c) contains drug related names, symbols, or pictures;
5-23 or
5-24 (d) contains some other type of words, symbols, or
5-25 markings which the court considers that it would be in the best
6-1 interest of the minor to cover; or
6-2 (2) a person whom the tattooist suspects is under the
6-3 influence of alcohol or drugs.
6-4 SECTION 12. Section 146.016, Health and Safety Code, as
6-5 added by Chapter 580, Acts of the 73rd Legislature, Regular
6-6 Session, 1993, is amended by
6-7 Sec. 146.016. INSPECTIONS. (a) The department shall
6-8 inspect a tattoo <parlor>studio to determine if the <parlor>studio
6-9 complies with this chapter and the rules adopted under this
6-10 chapter.
6-11 (b) A person who owns, operates, or maintains a tattoo
6-12 <parlor>studio shall allow inspection of the <parlor>studio by the
6-13 department at any time the <parlor>studio is in operation.
6-14 (c) The department shall inform the person who owns,
6-15 operates, or maintains a tattoo <parlor>studio of any violation
6-16 discovered by the department under this section and shall give the
6-17 person a reasonable period in which to take necessary corrective
6-18 action.
6-19 SECTION 13. The importance of this legislation and the
6-20 crowded condition of the calendars in both houses create an
6-21 emergency and the imperative public necessity that the
6-22 constitutional rule requiring bills to be read on three several
6-23 days in each house be suspended, and this rule is hereby suspended.