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.