75R11390 DLF-D
By Goolsby H.B. No. 1156
Substitute the following for H.B. No. 1156:
By Woolley C.S.H.B. No. 1156
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of body piercing.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading of Chapter 146, Health and Safety
1-5 Code, is amended to read as follows:
1-6 CHAPTER 146. TATTOO AND BODY PIERCING STUDIOS
1-7 SECTION 2. Section 146.001, Health and Safety Code, is
1-8 amended to read as follows:
1-9 Sec. 146.001. DEFINITIONS. In this chapter:
1-10 (1) "Body piercing" means the creation of an opening
1-11 in an individual's body to insert jewelry or another decoration.
1-12 (2) "Body piercing professional" means a person who
1-13 performs body piercing.
1-14 (3) "Body piercing studio" means an establishment or
1-15 facility in which body piercing is performed.
1-16 (4) "Tattoo" means the practice of producing an
1-17 indelible mark or figure on the human body by scarring or inserting
1-18 a pigment under the skin using needles, scalpels, or other related
1-19 equipment.
1-20 (5) [(2)] "Tattooist" means a person who performs
1-21 tattooing.
1-22 (6) [(3)] "Tattoo studio" means an establishment or
1-23 facility in which tattooing is performed.
1-24 (7) [(4)] "Temporary location" means a fixed location
2-1 at which an individual operator performs tattooing or body piercing
2-2 for a specified period of not more than seven days in conjunction
2-3 with a single event or celebration, where the primary function of
2-4 the event or celebration is tattooing or body piercing.
2-5 SECTION 3. Sections 146.002(a), (b), (c), and (d), Health
2-6 and Safety Code, are amended to read as follows:
2-7 (a) A person may not conduct, operate, or maintain a tattoo
2-8 studio unless the person holds a license issued by the department
2-9 to operate the tattoo studio. A person may not conduct, operate,
2-10 or maintain a body piercing studio unless the person holds a
2-11 license issued by the department to operate the body piercing
2-12 studio.
2-13 (b) A person may not practice tattooing or body piercing at
2-14 a temporary location unless the person holds a temporary location
2-15 license for tattooing or body piercing, as appropriate, issued by
2-16 the department.
2-17 (c) The license must be displayed in a prominent place in
2-18 the tattoo or body piercing studio or temporary location.
2-19 (d) Tattooing and body piercing are [is] permitted only at a
2-20 location that is in compliance with this chapter and rules adopted
2-21 under this chapter.
2-22 SECTION 4. Sections 146.003(a) and (b), Health and Safety
2-23 Code, are amended to read as follows:
2-24 (a) To receive a tattoo studio license, body piercing studio
2-25 license, or temporary location license, a person must submit a
2-26 signed, verified license application to the department on a form
2-27 prescribed by the department and must submit an application fee.
3-1 (b) On receipt of a tattoo studio or body piercing studio
3-2 license application, the department shall inspect the proposed
3-3 tattoo or body piercing studio to determine compliance with this
3-4 chapter and rules adopted by the board under this chapter. In
3-5 addition, the department shall request confirmation from the
3-6 appropriate building and zoning officials in the municipality or
3-7 county in which the studio is proposed to be located to determine
3-8 compliance with existing building and zoning codes applicable to
3-9 the studio. The department may issue a license for a tattoo or
3-10 body piercing studio after determining that the studio is in
3-11 compliance with applicable statutes, rules, and building and zoning
3-12 codes.
3-13 SECTION 5. Section 146.004, Health and Safety Code, is
3-14 amended to read as follows:
3-15 Sec. 146.004. LICENSE TERM; RENEWAL. (a) A tattoo studio
3-16 or body piercing studio license is valid for one year from the date
3-17 of issuance. A temporary tattooing or body piercing location
3-18 license is valid for a specified period not to exceed seven days.
3-19 (b) A tattoo studio or body piercing studio license may be
3-20 renewed annually on payment of the required renewal fee.
3-21 SECTION 6. Section 146.006(a), Health and Safety Code, is
3-22 amended to read as follows:
3-23 (a) A person holding a tattoo studio or body piercing studio
3-24 license under this chapter who intends to change the location of
3-25 the tattoo or body piercing studio shall notify the department in
3-26 writing of that intent not less than 30 days before the change is
3-27 to occur. The notice shall include the street address of the new
4-1 location and the name and residence address of the individual in
4-2 charge of the business at the new location.
4-3 SECTION 7. Section 146.007, Health and Safety Code, is
4-4 amended to read as follows:
4-5 Sec. 146.007. COMPLIANCE WITH CHAPTER AND RULES. A person
4-6 who owns, operates, or maintains a tattoo or body piercing studio
4-7 or practices tattooing or body piercing at a temporary location
4-8 shall comply with this chapter and rules adopted under this
4-9 chapter.
4-10 SECTION 8. Section 146.008, Health and Safety Code, is
4-11 amended to read as follows:
4-12 Sec. 146.008. ASEPTIC TECHNIQUES. A person who owns,
4-13 operates, or maintains a tattoo or body piercing studio and each
4-14 tattooist or body piercing professional who works in the studio or
4-15 at a temporary location shall take precautions to prevent the
4-16 spread of infection, including:
4-17 (1) using germicidal soap to clean the hands of the
4-18 tattooist or body piercing professional and the skin area of the
4-19 client to be tattooed or pierced;
4-20 (2) wearing clean apparel and rubber gloves;
4-21 (3) using sterile tools and equipment as provided by
4-22 Section 146.011; and
4-23 (4) keeping the tattoo or body piercing studio or
4-24 temporary location in a sanitary condition.
4-25 SECTION 9. Section 146.009, Health and Safety Code, is
4-26 amended to read as follows:
4-27 Sec. 146.009. BUILDING AND LOCATION. A tattoo or body
5-1 piercing studio must be in a permanent, nondwelling building
5-2 located in an area in which the location is permissible under local
5-3 zoning codes, if any.
5-4 SECTION 10. Section 146.010, Health and Safety Code, is
5-5 amended to read as follows:
5-6 Sec. 146.010. SANITATION REQUIREMENTS. (a) The board by
5-7 rule shall establish sanitation requirements for tattoo and body
5-8 piercing studios and any other necessary requirements relating to
5-9 the building or part of the building in which a tattoo or body
5-10 piercing studio is located.
5-11 (b) A person who owns, operates, or maintains a tattoo or
5-12 body piercing studio shall comply with the rules adopted under this
5-13 section.
5-14 SECTION 11. Sections 146.011(a) and (b), Health and Safety
5-15 Code, are amended to read as follows:
5-16 (a) A tattooist or body piercing professional shall use
5-17 tools and equipment for tattooing or body piercing that have been
5-18 properly sterilized and kept in a sterile condition.
5-19 (b) A tattooist or body piercing professional shall
5-20 sterilize tools and equipment used on one client before using them
5-21 on another client.
5-22 SECTION 12. Chapter 146, Health and Safety Code, is amended
5-23 by adding Section 146.0125 to read as follows:
5-24 Sec. 146.0125. BODY PIERCING PROHIBITED WITHOUT PARENTAL
5-25 CONSENT; EXCEPTION. (a) A body piercing professional may not
5-26 perform body piercing on a person younger than 18 years of age
5-27 without the written and notarized consent of a parent, managing
6-1 conservator, or guardian of the person.
6-2 (b) The written consent must indicate the part of the
6-3 person's body that may be pierced.
6-4 (c) This section does not apply if the part of the person's
6-5 body that is pierced is the person's ear.
6-6 SECTION 13. Section 146.013(a), Health and Safety Code, is
6-7 amended to read as follows:
6-8 (a) A tattooist shall maintain a permanent record of each
6-9 person tattooed by the tattooist for a period established by the
6-10 board. A body piercing professional shall maintain a permanent
6-11 record of each person whose body is pierced by the professional for
6-12 a period established by the board.
6-13 SECTION 14. Section 146.014, Health and Safety Code, is
6-14 amended to read as follows:
6-15 Sec. 146.014. REPORT OF INFECTION. A person who owns,
6-16 operates, or maintains a tattoo or body piercing studio shall
6-17 report to the department any infection resulting from tattooing or
6-18 body piercing as soon as it becomes known.
6-19 SECTION 15. Section 146.016, Health and Safety Code, is
6-20 amended to read as follows:
6-21 Sec. 146.016. INSPECTIONS. (a) The department shall
6-22 inspect a tattoo or body piercing studio to determine if the studio
6-23 complies with this chapter and the rules adopted under this
6-24 chapter.
6-25 (b) A person who owns, operates, or maintains a tattoo or
6-26 body piercing studio shall allow inspection of the studio by the
6-27 department at any time the studio is in operation.
7-1 (c) The department shall inform the person who owns,
7-2 operates, or maintains a tattoo or body piercing studio of any
7-3 violation discovered by the department under this section and shall
7-4 give the person a reasonable period in which to take necessary
7-5 corrective action.
7-6 SECTION 16. (a) The Texas Board of Health shall adopt rules
7-7 to implement the change in law made by this Act to Chapter 146,
7-8 Health and Safety Code, not later than January 1, 1998.
7-9 (b) The change in law made by this Act applies only to the
7-10 regulation of body piercing, including the operations of a body
7-11 piercing studio and the activities of a body piercing professional,
7-12 on or after June 1, 1998. A body piercing studio is not required
7-13 to be licensed under Chapter 146, Health and Safety Code, as
7-14 amended by this Act, before June 1, 1998.
7-15 SECTION 17. Except as provided by Section 16(b) of this Act,
7-16 this Act takes effect September 1, 1997.
7-17 SECTION 18. The importance of this legislation and the
7-18 crowded condition of the calendars in both houses create an
7-19 emergency and an imperative public necessity that the
7-20 constitutional rule requiring bills to be read on three several
7-21 days in each house be suspended, and this rule is hereby suspended.