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                               * * * * *