By: Madla S.B. No. 61
A BILL TO BE ENTITLED
AN ACT
1-1 relating to regulation of certain body piercing facilities;
1-2 providing penalties.
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 CERTAIN 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 studio" means a facility in which
1-13 body piercing is performed.
1-14 (3) "Ear piercing" means the creation of an opening in
1-15 an individual's earlobe to insert jewelry or another decoration.
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. Chapter 146, Health and Safety Code, is amended
2-6 by amending Section 146.002 and adding Section 146.0025 to read as
2-7 follows:
2-8 Sec. 146.002. LICENSE REQUIRED. (a) A person may not
2-9 conduct, operate, or maintain a tattoo studio unless the person
2-10 holds a license issued by the department to operate the tattoo
2-11 studio. Except as provided by Section 146.0025, a person may not
2-12 conduct, operate, or maintain a body piercing studio unless the
2-13 person holds a license issued by the department to operate the body
2-14 piercing studio.
2-15 (b) Except as provided by Section 146.0025, a [A] person may
2-16 not practice tattooing or body piercing at a temporary location
2-17 unless the person holds a temporary location license for tattooing
2-18 or body piercing, as appropriate, issued by the department.
2-19 (c) The license must be displayed in a prominent place in
2-20 the tattoo or body piercing studio or temporary location.
2-21 (d) Tattooing and body piercing are [is] permitted only at a
2-22 location that is in compliance with this chapter and rules adopted
2-23 under this chapter.
2-24 Sec. 146.0025. EXEMPTIONS FROM LICENSING REQUIREMENTS; EAR
2-25 PIERCING ESTABLISHMENTS EXEMPT. (a) [(e)] This chapter does not
2-26 apply to:
3-1 (1) a medical facility licensed under other law; [or]
3-2 (2) an office or clinic of a person licensed by the
3-3 Texas State Board of Medical Examiners;
3-4 (3) a person who performs only ear piercing; or
3-5 (4) a facility in which only ear piercing is
3-6 performed.
3-7 (b) A person who conducts, operates, or maintains a
3-8 facility, office, or clinic described by Subsection (a)(1), (2), or
3-9 (4) is not required to obtain a license under this chapter to
3-10 operate that facility.
3-11 SECTION 4. Subsections (a) and (b), Section 146.003, Health
3-12 and Safety Code, are amended to read as follows:
3-13 (a) To receive a tattoo studio license, body piercing studio
3-14 license, or temporary location license, a person must submit a
3-15 signed, verified license application to the department on a form
3-16 prescribed by the department and must submit an application fee.
3-17 (b) On receipt of a tattoo studio or body piercing studio
3-18 license application, the department shall inspect the proposed
3-19 tattoo or body piercing studio to determine compliance with this
3-20 chapter and rules adopted by the board under this chapter. In
3-21 addition, the department shall request confirmation from the
3-22 appropriate building and zoning officials in the municipality or
3-23 county in which the studio is proposed to be located to determine
3-24 compliance with existing building and zoning codes applicable to
3-25 the studio. The department may issue a license for a tattoo or
3-26 body piercing studio after determining that the studio is in
4-1 compliance with applicable statutes, rules, and building and zoning
4-2 codes.
4-3 SECTION 5. Section 146.004, Health and Safety Code, is
4-4 amended to read as follows:
4-5 Sec. 146.004. LICENSE TERM; RENEWAL. (a) A tattoo studio
4-6 or body piercing studio license is valid for one year from the date
4-7 of issuance. A temporary tattooing or body piercing location
4-8 license is valid for a specified period not to exceed seven days.
4-9 (b) A tattoo studio or body piercing studio license may be
4-10 renewed annually on payment of the required renewal fee.
4-11 SECTION 6. Subsection (a), Section 146.006, Health and
4-12 Safety Code, is amended to read as follows:
4-13 (a) A person holding a tattoo studio or body piercing studio
4-14 license under this chapter who intends to change the location of
4-15 the tattoo or body piercing studio shall notify the department in
4-16 writing of that intent not less than 30 days before the change is
4-17 to occur. The notice shall include the street address of the new
4-18 location and the name and residence address of the individual in
4-19 charge of the business at the new location.
4-20 SECTION 7. Section 146.007, Health and Safety Code, is
4-21 amended to read as follows:
4-22 Sec. 146.007. COMPLIANCE WITH CHAPTER AND RULES. A person
4-23 who owns, operates, or maintains a tattoo or body piercing studio
4-24 or practices tattooing or body piercing at a temporary location
4-25 shall comply with this chapter and rules adopted under this
4-26 chapter.
5-1 SECTION 8. Section 146.008, Health and Safety Code, is
5-2 amended to read as follows:
5-3 Sec. 146.008. ASEPTIC TECHNIQUES. A person who owns,
5-4 operates, or maintains a tattoo or body piercing studio and each
5-5 tattooist or person who performs body piercing who works in the
5-6 studio or at a temporary location shall take precautions to prevent
5-7 the spread of infection, including:
5-8 (1) using germicidal soap to clean the hands of the
5-9 tattooist or person who performs body piercing and the skin area of
5-10 the client to be tattooed or pierced;
5-11 (2) wearing clean apparel and rubber gloves;
5-12 (3) using sterile tools and equipment as provided by
5-13 Section 146.011; and
5-14 (4) keeping the tattoo or body piercing studio or
5-15 temporary location in a sanitary condition.
5-16 SECTION 9. Section 146.009, Health and Safety Code, is
5-17 amended to read as follows:
5-18 Sec. 146.009. BUILDING AND LOCATION. A tattoo or body
5-19 piercing studio must be in a permanent, nondwelling building
5-20 located in an area in which the location is permissible under local
5-21 zoning codes, if any.
5-22 SECTION 10. Section 146.010, Health and Safety Code, is
5-23 amended to read as follows:
5-24 Sec. 146.010. SANITATION REQUIREMENTS. (a) The board by
5-25 rule shall establish sanitation requirements for tattoo and body
5-26 piercing studios and any other necessary requirements relating to
6-1 the building or part of the building in which a tattoo or body
6-2 piercing studio is located.
6-3 (b) A person who owns, operates, or maintains a tattoo or
6-4 body piercing studio shall comply with the rules adopted under this
6-5 section.
6-6 SECTION 11. Subsections (a) and (b), Section 146.011, Health
6-7 and Safety Code, are amended to read as follows:
6-8 (a) A tattooist or person who performs body piercing shall
6-9 use tools and equipment for tattooing or body piercing that have
6-10 been properly sterilized and kept in a sterile condition.
6-11 (b) A tattooist or person who performs body piercing shall
6-12 sterilize tools and equipment used on one client before using them
6-13 on another client.
6-14 SECTION 12. Chapter 146, Health and Safety Code, is amended
6-15 by adding Section 146.0125 to read as follows:
6-16 Sec. 146.0125. BODY PIERCING PROHIBITED WITHOUT PARENTAL
6-17 CONSENT; EXCEPTION. (a) A person may not perform body piercing on
6-18 an individual younger than 18 years of age without the written and
6-19 notarized consent of a parent, managing conservator, or guardian of
6-20 the individual.
6-21 (b) The written consent must indicate the part of the
6-22 person's body that may be pierced.
6-23 (c) This section does not apply if the part of the person's
6-24 body that is pierced is the person's earlobe.
6-25 SECTION 13. Subsection (a), Section 146.013, Health and
6-26 Safety Code, is amended to read as follows:
7-1 (a) A tattooist shall maintain a permanent record of each
7-2 person tattooed by the tattooist for a period established by the
7-3 board. A person who performs body piercing shall maintain a
7-4 permanent record of each individual whose body is pierced by the
7-5 person for a period established by the board.
7-6 SECTION 14. Section 146.014, Health and Safety Code, is
7-7 amended to read as follows:
7-8 Sec. 146.014. REPORT OF INFECTION. A person who owns,
7-9 operates, or maintains a tattoo or body piercing studio shall
7-10 report to the department any infection resulting from tattooing or
7-11 body piercing as soon as it becomes known.
7-12 SECTION 15. Section 146.016, Health and Safety Code, is
7-13 amended to read as follows:
7-14 Sec. 146.016. INSPECTIONS. (a) The department shall
7-15 inspect a tattoo or body piercing studio to determine if the studio
7-16 complies with this chapter and the rules adopted under this
7-17 chapter.
7-18 (b) A person who owns, operates, or maintains a tattoo or
7-19 body piercing studio shall allow inspection of the studio by the
7-20 department at any time the studio is in operation.
7-21 (c) The department shall inform the person who owns,
7-22 operates, or maintains a tattoo or body piercing studio of any
7-23 violation discovered by the department under this section and shall
7-24 give the person a reasonable period in which to take necessary
7-25 corrective action.
7-26 SECTION 16. (a) The Texas Board of Health shall adopt rules
8-1 to implement the change in law made by this Act to Chapter 146,
8-2 Health and Safety Code, not later than January 1, 2000.
8-3 (b) The change in law made by this Act applies only to the
8-4 regulation of body piercing, including the operations of a body
8-5 piercing studio and the activities of a person who performs body
8-6 piercing, on or after June 1, 2000. A body piercing studio is not
8-7 required to be licensed under Chapter 146, Health and Safety Code,
8-8 as amended by this Act, before June 1, 2000.
8-9 SECTION 17. Except as provided by Subsection (b) of Section
8-10 16 of this Act, this Act takes effect September 1, 1999.
8-11 SECTION 18. The importance of this legislation and the
8-12 crowded condition of the calendars in both houses create an
8-13 emergency and an imperative public necessity that the
8-14 constitutional rule requiring bills to be read on three several
8-15 days in each house be suspended, and this rule is hereby suspended.