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.