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 to 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, other than in an individual's earlobe, to
1-12 insert jewelry or another decoration.
1-13 (2) "Body piercing studio" means a facility in which
1-14 body piercing is performed.
1-15 (3) "Tattoo" means the practice of producing an
1-16 indelible mark or figure on the human body by scarring or inserting
1-17 a pigment under the skin using needles, scalpels, or other related
1-18 equipment.
1-19 (4) [(2)] "Tattooist" means a person who performs
1-20 tattooing.
1-21 (5) [(3)] "Tattoo studio" means an establishment or
1-22 facility in which tattooing is performed.
1-23 (6) [(4)] "Temporary location" means a fixed location
1-24 at which an individual operator performs tattooing or body piercing
2-1 for a specified period of not more than seven days in conjunction
2-2 with a single event or celebration, where the primary function of
2-3 the event or celebration is tattooing or body piercing.
2-4 SECTION 3. Chapter 146, Health and Safety Code, is amended
2-5 by amending Section 146.002 and adding Section 146.0025 to read as
2-6 follows:
2-7 Sec. 146.002. LICENSE REQUIRED. (a) A person may not
2-8 conduct, operate, or maintain a tattoo studio unless the person
2-9 holds a license issued by the department to operate the tattoo
2-10 studio. Except as provided by Section 146.0025, a person may not
2-11 conduct, operate, or maintain a body piercing studio unless the
2-12 person holds a license issued by the department to operate the body
2-13 piercing studio.
2-14 (b) Except as provided by Section 146.0025, a [A] person may
2-15 not practice tattooing or body piercing at a temporary location
2-16 unless the person holds a temporary location license for tattooing
2-17 or body piercing, as appropriate, issued by the department.
2-18 (c) The license must be displayed in a prominent place in
2-19 the tattoo or body piercing studio or temporary location.
2-20 (d) Tattooing and body piercing are [is] permitted only at a
2-21 location that is in compliance with this chapter and rules adopted
2-22 under this chapter.
2-23 Sec. 146.0025. EXEMPTIONS FROM LICENSING REQUIREMENTS; EAR
2-24 PIERCING ESTABLISHMENTS EXEMPT. (a) [(e)] This chapter does not
2-25 apply to:
2-26 (1) a medical facility licensed under other law; [or]
3-1 (2) an office or clinic of a person licensed by the
3-2 Texas State Board of Medical Examiners;
3-3 (3) a person who performs only ear piercing; or
3-4 (4) a facility in which only ear piercing is
3-5 performed.
3-6 (b) A person who conducts, operates, or maintains a
3-7 facility, office, or clinic described by Subsection (a)(1), (2), or
3-8 (4) is not required to obtain a license under this chapter to
3-9 operate that facility.
3-10 SECTION 4. Subsections (a) and (b), Section 146.003, Health
3-11 and Safety Code, are amended to read as follows:
3-12 (a) To receive a tattoo studio license, body piercing studio
3-13 license, or temporary location license, a person must submit a
3-14 signed, verified license application to the department on a form
3-15 prescribed by the department and must submit an application fee.
3-16 (b) On receipt of a tattoo studio or body piercing studio
3-17 license application, the department shall inspect the proposed
3-18 tattoo or body piercing studio to determine compliance with this
3-19 chapter and rules adopted by the board under this chapter. In
3-20 addition, the department shall request confirmation from the
3-21 appropriate building and zoning officials in the municipality or
3-22 county in which the studio is proposed to be located to determine
3-23 compliance with existing building and zoning codes applicable to
3-24 the studio. The department may issue a license for a tattoo or
3-25 body piercing studio after determining that the studio is in
3-26 compliance with applicable statutes, rules, and building and zoning
4-1 codes.
4-2 SECTION 5. Section 146.004, Health and Safety Code, is
4-3 amended to read as follows:
4-4 Sec. 146.004. LICENSE TERM; RENEWAL. (a) A tattoo studio
4-5 or body piercing studio license is valid for one year from the date
4-6 of issuance. A temporary tattooing or body piercing location
4-7 license is valid for a specified period not to exceed seven days.
4-8 (b) A tattoo studio or body piercing studio license may be
4-9 renewed annually on payment of the required renewal fee.
4-10 SECTION 6. Subsection (a), Section 146.006, Health and
4-11 Safety Code, is amended to read as follows:
4-12 (a) A person holding a tattoo studio or body piercing studio
4-13 license under this chapter who intends to change the location of
4-14 the tattoo or body piercing studio shall notify the department in
4-15 writing of that intent not less than 30 days before the change is
4-16 to occur. The notice shall include the street address of the new
4-17 location and the name and residence address of the individual in
4-18 charge of the business at the new location.
4-19 SECTION 7. Section 146.007, Health and Safety Code, is
4-20 amended to read as follows:
4-21 Sec. 146.007. COMPLIANCE WITH CHAPTER AND RULES. A person
4-22 who owns, operates, or maintains a tattoo or body piercing studio
4-23 or practices tattooing or body piercing at a temporary location
4-24 shall comply with this chapter and rules adopted under this
4-25 chapter.
4-26 SECTION 8. Section 146.008, Health and Safety Code, is
5-1 amended to read as follows:
5-2 Sec. 146.008. ASEPTIC TECHNIQUES. A person who owns,
5-3 operates, or maintains a tattoo or body piercing studio and each
5-4 tattooist or person who performs body piercing who works in the
5-5 studio or at a temporary location shall take precautions to prevent
5-6 the spread of infection, including:
5-7 (1) using germicidal soap to clean the hands of the
5-8 tattooist or person who performs body piercing and the skin area of
5-9 the client to be tattooed or pierced;
5-10 (2) wearing clean apparel and rubber gloves;
5-11 (3) using sterile tools and equipment as provided by
5-12 Section 146.011; and
5-13 (4) keeping the tattoo or body piercing studio or
5-14 temporary location in a sanitary condition.
5-15 SECTION 9. Section 146.009, Health and Safety Code, is
5-16 amended to read as follows:
5-17 Sec. 146.009. BUILDING AND LOCATION. A tattoo or body
5-18 piercing studio must be in a permanent, nondwelling building
5-19 located in an area in which the location is permissible under local
5-20 zoning codes, if any.
5-21 SECTION 10. Section 146.010, Health and Safety Code, is
5-22 amended to read as follows:
5-23 Sec. 146.010. SANITATION REQUIREMENTS. (a) The board by
5-24 rule shall establish sanitation requirements for tattoo and body
5-25 piercing studios and any other necessary requirements relating to
5-26 the building or part of the building in which a tattoo or body
6-1 piercing studio is located.
6-2 (b) A person who owns, operates, or maintains a tattoo or
6-3 body piercing studio shall comply with the rules adopted under this
6-4 section.
6-5 SECTION 11. Subsections (a) and (b), Section 146.011, Health
6-6 and Safety Code, are amended to read as follows:
6-7 (a) A tattooist or person who performs body piercing shall
6-8 use tools and equipment for tattooing or body piercing that have
6-9 been properly sterilized and kept in a sterile condition.
6-10 (b) A tattooist or person who performs body piercing shall
6-11 sterilize tools and equipment used on one client before using them
6-12 on another client.
6-13 SECTION 12. Chapter 146, Health and Safety Code, is amended
6-14 by adding Sections 146.0124 and 146.0125 to read as follows:
6-15 Sec. 146.0124. BODY PIERCING PROHIBITED FOR CERTAIN PERSONS.
6-16 A person may not perform body piercing if the person suspects that
6-17 the individual on whom the body piercing is to be performed is
6-18 under the influence of alcohol or drugs.
6-19 Sec. 146.0125. BODY PIERCING PROHIBITED WITHOUT PARENTAL
6-20 CONSENT; EXCEPTION. (a) A person may not perform body piercing on
6-21 an individual younger than 18 years of age without the consent of a
6-22 parent, managing conservator, or guardian of the individual.
6-23 (b) The consent must indicate the part of the person's body
6-24 that may be pierced.
6-25 (c) The consent required by Subsections (a) and (b) may be
6-26 satisfied by:
7-1 (1) written and notarized consent by the individual's
7-2 parent or guardian; or
7-3 (2) the individual's parent or guardian:
7-4 (A) being physically present at the body
7-5 piercing studio at the time the body piercing is performed;
7-6 (B) executing an affidavit stating that the
7-7 person is the parent or guardian of the individual on whom the body
7-8 piercing is to be performed;
7-9 (C) presenting evidence of the person's identity
7-10 to the person who will perform the body piercing; and
7-11 (D) presenting evidence of the person's status
7-12 as parent or guardian of the individual who will receive the body
7-13 piercing.
7-14 SECTION 13. Subsection (a), Section 146.013, Health and
7-15 Safety Code, is amended to read as follows:
7-16 (a) A tattooist shall maintain a permanent record of each
7-17 person tattooed by the tattooist for a period established by the
7-18 board. A person who performs body piercing shall maintain a
7-19 permanent record of each individual whose body is pierced by the
7-20 person for a period established by the board.
7-21 SECTION 14. Section 146.014, Health and Safety Code, is
7-22 amended to read as follows:
7-23 Sec. 146.014. REPORT OF INFECTION. A person who owns,
7-24 operates, or maintains a tattoo or body piercing studio shall
7-25 report to the department any infection resulting from tattooing or
7-26 body piercing as soon as it becomes known.
8-1 SECTION 15. Section 146.016, Health and Safety Code, is
8-2 amended to read as follows:
8-3 Sec. 146.016. INSPECTIONS. (a) The department shall
8-4 inspect a tattoo or body piercing studio to determine if the studio
8-5 complies with this chapter and the rules adopted under this
8-6 chapter.
8-7 (b) A person who owns, operates, or maintains a tattoo or
8-8 body piercing studio shall allow inspection of the studio by the
8-9 department at any time the studio is in operation.
8-10 (c) The department shall inform the person who owns,
8-11 operates, or maintains a tattoo or body piercing studio of any
8-12 violation discovered by the department under this section and shall
8-13 give the person a reasonable period in which to take necessary
8-14 corrective action.
8-15 SECTION 16. (a) The Texas Board of Health shall adopt rules
8-16 to implement the change in law made by this Act to Chapter 146,
8-17 Health and Safety Code, not later than January 1, 2000.
8-18 (b) The change in law made by this Act applies only to the
8-19 regulation of body piercing, including the operations of a body
8-20 piercing studio and the activities of a person who performs body
8-21 piercing, on or after June 1, 2000. A body piercing studio is not
8-22 required to be licensed under Chapter 146, Health and Safety Code,
8-23 as amended by this Act, before June 1, 2000.
8-24 SECTION 17. Except as provided by Subsection (b) of Section
8-25 16 of this Act, this Act takes effect September 1, 1999.
8-26 SECTION 18. The importance of this legislation and the
S.B. No. 61
9-1 crowded condition of the calendars in both houses create an
9-2 emergency and an imperative public necessity that the
9-3 constitutional rule requiring bills to be read on three several
9-4 days in each house be suspended, and this rule is hereby suspended.
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 61 passed the Senate on
March 1, 1999, by a viva-voce vote; May 21, 1999, Senate refused to
concur in House amendments and requested appointment of Conference
Committee; May 24, 1999, House granted request of the Senate;
May 27, 1999, Senate adopted Conference Committee Report by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 61 passed the House, with
amendments, on May 13, 1999, by a non-record vote; May 24, 1999,
House granted request of the Senate for appointment of Conference
Committee; May 26, 1999, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor