1-1 By: Thompson, Maxey (Senate Sponsor - Zaffirini) H.B. No. 2402
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 17, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 23, 1995, reported favorably by the
1-5 following vote: Yeas 5, Nays 0; May 23, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of tattoo studios.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. The heading to Chapter 146, Health and Safety
1-11 Code, as added by Chapter 580, Acts of the 73rd Legislature,
1-12 Regular Session, 1993, is amended to read as follows:
1-13 CHAPTER 146. TATTOO STUDIOS <PARLORS>
1-14 SECTION 2. Section 146.001, Health and Safety Code, as added
1-15 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
1-16 1993, is amended by amending Subdivision (3) and by adding
1-17 Subdivision (4) to read as follows:
1-18 (3) "Tattoo studio <parlor>" means an establishment or
1-19 facility in which tattooing is performed.
1-20 (4) "Temporary location" means a fixed location at
1-21 which an individual operator performs tattooing for a specified
1-22 period of not more than seven days in conjunction with a single
1-23 event or celebration, where the primary function of the event or
1-24 celebration is tattooing.
1-25 SECTION 3. Section 146.002, Health and Safety Code, as added
1-26 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
1-27 1993, is amended to read as follows:
1-28 Sec. 146.002. License Required. (a) A person may not
1-29 conduct, operate, or maintain a tattoo studio <parlor> unless the
1-30 person holds a license issued by the department to operate the
1-31 studio <parlor>.
1-32 (b) A person may not practice tattooing at a temporary
1-33 location unless the person holds a temporary location license
1-34 issued by the department.
1-35 (c) The license must <shall> be displayed in a prominent
1-36 place in the tattoo studio or temporary location <parlor>.
1-37 (d) Tattooing is permitted only at a location that is in
1-38 compliance with this chapter and rules adopted under this chapter.
1-39 (e) This chapter does not apply to:
1-40 (1) a medical facility licensed under other law; or
1-41 (2) an office or clinic of a person licensed by the
1-42 Texas State Board of Medical Examiners.
1-43 SECTION 4. Section 146.003, Health and Safety Code, as added
1-44 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
1-45 1993, is amended to read as follows:
1-46 Sec. 146.003. License Application. (a) To receive a tattoo
1-47 studio <parlor> license or temporary location license, a person
1-48 must submit a signed, verified license application to the
1-49 department on a form prescribed by the department and must submit
1-50 an application fee.
1-51 (b) On receipt of a tattoo studio license application, the
1-52 department shall inspect the proposed tattoo studio <parlor> to
1-53 determine compliance with this chapter and rules adopted by the
1-54 board under this chapter. In addition, the department shall
1-55 request confirmation from the appropriate building and zoning
1-56 officials in the municipality or county in which the studio
1-57 <parlor> is proposed to be located to determine compliance with
1-58 existing building and zoning codes applicable to the studio
1-59 <parlor>. The department may issue a license for a tattoo studio
1-60 after determining that the studio is in compliance with applicable
1-61 statutes, rules, and building and zoning codes.
1-62 (c) On receipt of a temporary location license application,
1-63 the department shall request confirmation from the appropriate
1-64 building and zoning officials in the municipality or county in
1-65 which the temporary location is proposed to be located to determine
1-66 compliance with applicable existing building and zoning codes. The
1-67 department may issue a license for a temporary location after
1-68 determining that the temporary location <parlor> is in compliance
2-1 with applicable <statutes, rules, and> building and zoning codes.
2-2 SECTION 5. Section 146.004, Health and Safety Code, as added
2-3 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
2-4 1993, is amended to read as follows:
2-5 Sec. 146.004. License Term; Renewal. (a) A tattoo studio
2-6 license is valid for one year from the date of issuance. A
2-7 temporary tattooing location license is valid for a specified
2-8 period not to exceed seven days.
2-9 (b) A tattoo studio license <and> may be renewed annually on
2-10 payment of the required renewal fee.
2-11 SECTION 6. Section 146.006(a), Health and Safety Code, as
2-12 added by Chapter 580, Acts of the 73rd Legislature, Regular
2-13 Session, 1993, is amended to read as follows:
2-14 (a) A person holding a tattoo studio license under this
2-15 chapter who intends to change the location of the tattoo studio
2-16 <parlor> shall notify the department in writing of that intent not
2-17 less than 30 days before the change is to occur. The notice shall
2-18 include the street address of the new location and the name and
2-19 residence address of the individual in charge of the business at
2-20 the new location.
2-21 SECTION 7. Section 146.007, Health and Safety Code, as added
2-22 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
2-23 1993, is amended to read as follows:
2-24 Sec. 146.007. Compliance With Chapter and Rules. A person
2-25 who owns, operates, or maintains a tattoo studio or practices
2-26 tattooing at a temporary location <parlor> shall comply with this
2-27 chapter and rules adopted under this chapter.
2-28 SECTION 8. Section 146.008, Health and Safety Code, as added
2-29 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
2-30 1993, is amended to read as follows:
2-31 Sec. 146.008. Aseptic Techniques. A person who owns,
2-32 operates, or maintains a tattoo studio <parlor> and each tattooist
2-33 who works in the studio or at a temporary location <parlor> shall
2-34 take precautions to prevent the spread of infection, including:
2-35 (1) using germicidal soap to clean the hands of the
2-36 tattooist and the skin area of the client to be tattooed;
2-37 (2) wearing clean apparel and rubber gloves;
2-38 (3) using sterile tools and equipment as provided by
2-39 Section 146.011; and
2-40 (4) keeping the tattoo studio or temporary location
2-41 <parlor> in a sanitary condition.
2-42 SECTION 9. Section 146.009, Health and Safety Code, as added
2-43 by Chapter 580, Acts of the 73rd Legislature, Regular Session,
2-44 1993, is amended to read as follows:
2-45 Sec. 146.009. Building and Location. A tattoo studio
2-46 <parlor> must be in a permanent, nondwelling building located in an
2-47 area in which the location is permissible under local zoning codes,
2-48 if any.
2-49 SECTION 10. Section 146.010, Health and Safety Code, as
2-50 added by Chapter 580, Acts of the 73rd Legislature, Regular
2-51 Session, 1993, is amended to read as follows:
2-52 Sec. 146.010. Sanitation Requirements. (a) The board by
2-53 rule shall establish sanitation requirements for tattoo studios
2-54 <parlors> and any other necessary requirements relating to the
2-55 building or part of the building in which a tattoo studio <parlor>
2-56 is located.
2-57 (b) A person who owns, operates, or maintains a tattoo
2-58 studio <parlor> shall comply with the rules adopted under this
2-59 section.
2-60 SECTION 11. Section 146.012, Health and Safety Code, as
2-61 added by Chapter 580, Acts of the 73rd Legislature, Regular
2-62 Session, 1993, is amended to read as follows:
2-63 Sec. 146.012. Tattoos Prohibited for Certain Persons. (a) A
2-64 tattooist may not tattoo:
2-65 (1) a person younger than 18 years of age without
2-66 written and notarized consent from a parent or guardian who
2-67 determines it to be in the best interest to cover a tattoo which
2-68 contains:
2-69 (A) obscene or offensive language or symbols;
2-70 (B) gang-related names, symbols, or markings;
3-1 (C) drug-related names, symbols, or pictures; or
3-2 (D) some other type of words, symbols, or
3-3 markings that the court considers would be in the best interest of
3-4 the minor to cover; or
3-5 (2) a person whom the tattooist suspects is under the
3-6 influence of alcohol or drugs.
3-7 (b) If a parent or guardian of the minor and the minor agree
3-8 to the covering of a tattoo described by Subsection (a), a justice
3-9 court may issue the order. If the parent or guardian and the minor
3-10 do not agree, the order must be issued by a district court or other
3-11 court with jurisdiction of a suit affecting the parent-child
3-12 relationship or a civil proceeding brought under Title 3 or 4,
3-13 Family Code.
3-14 (c) The written consent required by Subsection (a) must
3-15 indicate the location on the person's body at which the tattoo may
3-16 be placed.
3-17 SECTION 12. Section 146.014, Health and Safety Code, as
3-18 added by Chapter 580, Acts of the 73rd Legislature, Regular
3-19 Session, 1993, is amended to read as follows:
3-20 Sec. 146.014. Report of Infection. A person who owns,
3-21 operates, or maintains a tattoo studio <parlor> shall report to the
3-22 department any infection resulting from tattooing as soon as it
3-23 becomes known.
3-24 SECTION 13. Section 146.016, Health and Safety Code, as
3-25 added by Chapter 580, Acts of the 73rd Legislature, Regular
3-26 Session, 1993, is amended to read as follows:
3-27 Sec. 146.016. Inspections. (a) The department shall
3-28 inspect a tattoo studio <parlor> to determine if the studio
3-29 <parlor> complies with this chapter and the rules adopted under
3-30 this chapter.
3-31 (b) A person who owns, operates, or maintains a tattoo
3-32 studio <parlor> shall allow inspection of the studio <parlor> by
3-33 the department at any time the studio <parlor> is in operation.
3-34 (c) The department shall inform the person who owns,
3-35 operates, or maintains a tattoo studio <parlor> of any violation
3-36 discovered by the department under this section and shall give the
3-37 person a reasonable period in which to take necessary corrective
3-38 action.
3-39 SECTION 14. This Act takes effect September 1, 1995.
3-40 SECTION 15. The importance of this legislation and the
3-41 crowded condition of the calendars in both houses create an
3-42 emergency and an imperative public necessity that the
3-43 constitutional rule requiring bills to be read on three several
3-44 days in each house be suspended, and this rule is hereby suspended.
3-45 * * * * *