SRC-ARR S.B. 932 76(R) BILL ANALYSIS Senate Research Center S.B. 932 76R2029 CMR-DBy: Madla Health Services 4/11/1999 As Filed DIGEST Currently, Texas law provides for the Tattoo Act which requires the Texas Department of Health (TDH) to license and regulate all tattoo studios in Texas in order to protect public health and safety. S.B. 932 would add further regulation of tattoo studios and provide additional penalties. PURPOSE As proposed, S.B. 932 regulates tattoo studios and provides penalties. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 146.003(b), Health and Safety Code, to authorize the Texas Department of Health (department) to issue a license or temporary location license for a tattoo studio after determining that the studio is in compliance with applicable statutes and rules. Deletes text regarding license application and building and zoning codes. SECTION 2. Amends Section 146.007, Health and Safety Code, to require certain persons in the tattooing business to comply with this chapter, Chapter 431, and rules adopted under this chapter. Authorizes the Texas Board of Health (board), commissioner of health (commissioner), and department to enforce Chapter 431 in relation to a drug, cosmetic, or device that is used in tattooing and that is not otherwise subjected to that chapter as if the drug, cosmetic, or device satisfied the definitions assigned those terms under Section 431.002. SECTION 3. Amends Section 146.011(c), Health and Safety Code, to require tools and equipment to be sterilized by the use of a dry heat sterilizer, rather heating in an oven at 320 degrees Fahrenheit for at least an hour. SECTION 4. Amends Section 146.017(b), Health and Safety Code, to authorize a person to appeal a final decision of the department as provided by that chapter, rather than the Administrative Procedure and Texas Register Act. SECTION 5. Amends Section 146.018(b), Health and Safety Code, to provide that an offense under this section is a Class A, rather than C, misdemeanor. SECTION 6. Amends Section 146.019, Health and Safety Code, to authorize the commissioner to impose an administrative penalty against a person who violates a rule adopted under this chapter or Chapter 431, rather than Section 146.007, or an order adopted or license issued under this chapter or Chapter 431. Requires the department, rather than the commissioner within a certain date, to give written notice of alleged violations, rather than the report, to a certain person. Requires the department to set a hearing and give notice of the hearing to the person, if the person requests a hearing. Authorizes a person who acts under Subsection (i)(3), rather than (j)(3) of this section, to stay enforcement of the penalty by taking certain action. Authorizes the commissioner who receives a copy of an affidavit under Subsection (j)(2), rather than (k)(2) of this section to file with the court within five days after the date the copy is received, a contest to the affidavit. Deletes text regarding commissioner and subsequent amendments. Makes conforming changes. SECTION 7. Amends Chapter 146, Health and Safety Code, by adding Section 146.020, as follows: Sec. 146.020. CIVIL PENALTY; INJUNCTION. Authorizes the commissioner to request the attorney general or other authorities in the jurisdiction where the violation is alleged to have occurred, is occurring, or may occur to institute a civil suit for certain action, if it appears that a person has violated, is violating, or is threatening to violate this chapter or an order issued or a rule adopted under this chapter. Prohibits a civil penalty from exceeding $5,000 a day for each violation. Provides that each day the violation occurs constitutes a separate violation for the purposes of the assessment of a civil penalty. Requires the court hearing the matter to consider certain items in determining the amount of the civil penalty. Provides that venue for a suit brought under this section is in the county in which the violation occurred or in Travis County. Require a civil penalty recovered in a suit instituted by a local government under this chapter to be paid to the local government. Authorizes the commissioner of the attorney general to each recover expenses incurred in obtaining injunctive relief or a civil penalty under this section, including investigation and court costs, reasonable attorney's fees, and other expenses. Authorizes the expenses recovered by the commissioner to be used for the administration and enforcement of this chapter. Authorizes the expenses recovered by the attorney general for any purpose. SECTION 8. Repealer: (1) Section 146.003(c), Health and Safety Code, (regarding temporary location license application). (2) Section 146.009, Health and Safety Code, (Building and Location). (3) Section 146.016(c), Health and Safety Code, (regarding persons who own, operate or maintain a tattoo studio). SECTION 9. Effective date: September 1, 1999. SECTION 10. Make application of Section 146.018, Health and Safety Code, as added by this Act prospective. SECTION 11. Makes application of Section 146.019, Health and Safety Code, as added by this Act prospective. SECTION 12. Emergency clause.