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.