SRC-ARR C.S.S.B. 932 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 932
76R12082 CMR-DBy: Madla
Health Services
4/14/1999
Committee Report (Substituted)

DIGEST 

Currently, Texas law provides for the Tattoo Act which requires the Texas
Department of Health to license and regulate all tattoo studios in Texas in
order to protect public health and safety. C.S.S.B. 932 would add further
regulation of  tattoo studios and provide additional penalties. 

PURPOSE

As proposed, C.S.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 Sections 146.003(a) and (b), Health and Safety Code, to
authorize a person to submit evidence from the appropriate zoning officials
in the municipality or county in which the studio is tattoo studio is
proposed to be located that confirms that the studio is in compliance with
existing zoning codes applicable to the studio. 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 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, by adding
Subsection (s), to authorize any duty of the commissioner under this
section to be delegated to employees of the commission.  

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, or is violating 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 or the attorney general to 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. Repealers: (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).

SECTION 9. Effective date: September 1, 1999.

SECTION 10. Makes application of Section 146.018, Health and Safety Code,
as added by this Act prospective. 

SECTION 11. Makes application of Section 146.020, Health and Safety Code,
as added by this Act prospective.  

SECTION 12. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 146.003(a), Health and Safety Code, to authorize a person to
submit evidence from the appropriate zoning officials in the municipality
or county in which the studio is tattoo studio is proposed to be located
that confirms that the studio is in compliance with existing zoning codes
applicable to the studio. 

SECTION 6. 

Amends Section 146.019, Health and Safety Code, to authorize any duty of
the commissioner under this section to be delegated to employees of the
commission. Deletes text regarding certain duties of the commissioner and
department.  

SECTION 7. 

Amends Section 146.020, Health and Safety Code, to delete text regarding a
person threatening to violate this chapter, and authorizing the commission
or attorney general to each recover certain expenses.  

SECTION 8. 

Deletes repeal of  Section 146.016(c), Health and Safety Code (regarding
persons who own, operate or maintain a tattoo studio). 

SECTION 11.
 
 Deletes prospective clause.