By Madla S.B. No. 61
76R505 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of certain body piercing facilities.
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 professional" means a person who
1-13 performs body piercing.
1-14 (3) "Body piercing studio" means a facility in which
1-15 body piercing is performed.
1-16 (4) "Ear piercing" means the creation of an opening in
1-17 the external part of an individual's ear to insert jewelry or
1-18 another decoration.
1-19 (5) "Tattoo" means the practice of producing an
1-20 indelible mark or figure on the human body by scarring or inserting
1-21 a pigment under the skin using needles, scalpels, or other related
1-22 equipment.
1-23 (6) [(2)] "Tattooist" means a person who performs
1-24 tattooing.
2-1 (7) [(3)] "Tattoo studio" means an establishment or
2-2 facility in which tattooing is performed.
2-3 (8) [(4)] "Temporary location" means a fixed location
2-4 at which an individual operator performs tattooing or body piercing
2-5 for a specified period of not more than seven days in conjunction
2-6 with a single event or celebration, where the primary function of
2-7 the event or celebration is tattooing or body piercing.
2-8 SECTION 3. Chapter 146, Health and Safety Code, is amended
2-9 by amending Section 146.002 and adding Section 146.0025 to read as
2-10 follows:
2-11 Sec. 146.002. LICENSE REQUIRED. (a) A person may not
2-12 conduct, operate, or maintain a tattoo studio unless the person
2-13 holds a license issued by the department to operate the tattoo
2-14 studio. Except as provided by Section 146.0025, a person may not
2-15 conduct, operate, or maintain a body piercing studio unless the
2-16 person holds a license issued by the department to operate the body
2-17 piercing studio.
2-18 (b) Except as provided by Section 146.0025, a [A] person may
2-19 not practice tattooing or body piercing at a temporary location
2-20 unless the person holds a temporary location license for tattooing
2-21 or body piercing, as appropriate, issued by the department.
2-22 (c) The license must be displayed in a prominent place in
2-23 the tattoo or body piercing studio or temporary location.
2-24 (d) Tattooing and body piercing are [is] permitted only at a
2-25 location that is in compliance with this chapter and rules adopted
2-26 under this chapter.
2-27 Sec. 146.0025. EXEMPTIONS FROM LICENSING REQUIREMENTS; EAR
3-1 PIERCING ESTABLISHMENTS EXEMPT. (a) [(e)] This chapter does not
3-2 apply to:
3-3 (1) a medical facility licensed under other law; [or]
3-4 (2) an office or clinic of a person licensed by the
3-5 Texas State Board of Medical Examiners;
3-6 (3) a person who performs only ear piercing; or
3-7 (4) a facility in which only ear piercing is
3-8 performed.
3-9 (b) A person who conducts, operates, or maintains a
3-10 facility, office, or clinic described by Subsection (a)(1), (2), or
3-11 (4) is not required to obtain a license under this chapter to
3-12 operate that facility.
3-13 SECTION 4. Sections 146.003(a) and (b), Health and Safety
3-14 Code, are amended to read as follows:
3-15 (a) To receive a tattoo studio license, body piercing studio
3-16 license, or temporary location license, a person must submit a
3-17 signed, verified license application to the department on a form
3-18 prescribed by the department and must submit an application fee.
3-19 (b) On receipt of a tattoo studio or body piercing studio
3-20 license application, the department shall inspect the proposed
3-21 tattoo or body piercing studio to determine compliance with this
3-22 chapter and rules adopted by the board under this chapter. In
3-23 addition, the department shall request confirmation from the
3-24 appropriate building and zoning officials in the municipality or
3-25 county in which the studio is proposed to be located to determine
3-26 compliance with existing building and zoning codes applicable to
3-27 the studio. The department may issue a license for a tattoo or
4-1 body piercing studio after determining that the studio is in
4-2 compliance with applicable statutes, rules, and building and zoning
4-3 codes.
4-4 SECTION 5. Section 146.004, Health and Safety Code, is
4-5 amended to read as follows:
4-6 Sec. 146.004. LICENSE TERM; RENEWAL. (a) A tattoo studio
4-7 or body piercing studio license is valid for one year from the date
4-8 of issuance. A temporary tattooing or body piercing location
4-9 license is valid for a specified period not to exceed seven days.
4-10 (b) A tattoo studio or body piercing studio license may be
4-11 renewed annually on payment of the required renewal fee.
4-12 SECTION 6. Section 146.006(a), Health and Safety Code, is
4-13 amended to read as follows:
4-14 (a) A person holding a tattoo studio or body piercing studio
4-15 license under this chapter who intends to change the location of
4-16 the tattoo or body piercing studio shall notify the department in
4-17 writing of that intent not less than 30 days before the change is
4-18 to occur. The notice shall include the street address of the new
4-19 location and the name and residence address of the individual in
4-20 charge of the business at the new location.
4-21 SECTION 7. Section 146.007, Health and Safety Code, is
4-22 amended to read as follows:
4-23 Sec. 146.007. COMPLIANCE WITH CHAPTER AND RULES. A person
4-24 who owns, operates, or maintains a tattoo or body piercing studio
4-25 or practices tattooing or body piercing at a temporary location
4-26 shall comply with this chapter and rules adopted under this
4-27 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 body piercing professional who works in the studio or
5-6 at a temporary location shall take precautions to prevent the
5-7 spread of infection, including:
5-8 (1) using germicidal soap to clean the hands of the
5-9 tattooist or body piercing professional and the skin area of the
5-10 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
5-27 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. Sections 146.011(a) and (b), Health and Safety
6-6 Code, are amended to read as follows:
6-7 (a) A tattooist or body piercing professional shall use
6-8 tools and equipment for tattooing or body piercing that have been
6-9 properly sterilized and kept in a sterile condition.
6-10 (b) A tattooist or body piercing professional 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 Section 146.0125 to read as follows:
6-15 Sec. 146.0125. BODY PIERCING PROHIBITED WITHOUT PARENTAL
6-16 CONSENT; EXCEPTION. (a) A body piercing professional may not
6-17 perform body piercing on a person younger than 18 years of age
6-18 without the written and notarized consent of a parent, managing
6-19 conservator, or guardian of the person.
6-20 (b) The written consent must indicate the part of the
6-21 person's body that may be pierced.
6-22 (c) This section does not apply if the part of the person's
6-23 body that is pierced is the external part of the person's ear.
6-24 SECTION 13. Section 146.013(a), Health and Safety Code, is
6-25 amended to read as follows:
6-26 (a) A tattooist shall maintain a permanent record of each
6-27 person tattooed by the tattooist for a period established by the
7-1 board. A body piercing professional shall maintain a permanent
7-2 record of each person whose body is pierced by the professional for
7-3 a period established by the board.
7-4 SECTION 14. Section 146.014, Health and Safety Code, is
7-5 amended to read as follows:
7-6 Sec. 146.014. REPORT OF INFECTION. A person who owns,
7-7 operates, or maintains a tattoo or body piercing studio shall
7-8 report to the department any infection resulting from tattooing or
7-9 body piercing as soon as it becomes known.
7-10 SECTION 15. Section 146.016, Health and Safety Code, is
7-11 amended to read as follows:
7-12 Sec. 146.016. INSPECTIONS. (a) The department shall
7-13 inspect a tattoo or body piercing studio to determine if the studio
7-14 complies with this chapter and the rules adopted under this
7-15 chapter.
7-16 (b) A person who owns, operates, or maintains a tattoo or
7-17 body piercing studio shall allow inspection of the studio by the
7-18 department at any time the studio is in operation.
7-19 (c) The department shall inform the person who owns,
7-20 operates, or maintains a tattoo or body piercing studio of any
7-21 violation discovered by the department under this section and shall
7-22 give the person a reasonable period in which to take necessary
7-23 corrective action.
7-24 SECTION 16. (a) The Texas Board of Health shall adopt rules
7-25 to implement the change in law made by this Act to Chapter 146,
7-26 Health and Safety Code, not later than January 1, 2000.
7-27 (b) The change in law made by this Act applies only to the
8-1 regulation of body piercing, including the operations of a body
8-2 piercing studio and the activities of a body piercing professional,
8-3 on or after June 1, 2000. A body piercing studio is not required
8-4 to be licensed under Chapter 146, Health and Safety Code, as
8-5 amended by this Act, before June 1, 2000.
8-6 SECTION 17. Except as provided by Section 16(b) of this Act,
8-7 this Act takes effect September 1, 1999.
8-8 SECTION 18. The importance of this legislation and the
8-9 crowded condition of the calendars in both houses create an
8-10 emergency and an imperative public necessity that the
8-11 constitutional rule requiring bills to be read on three several
8-12 days in each house be suspended, and this rule is hereby suspended.