1-1 By: Madla S.B. No. 61
1-2 (In the Senate - Filed November 17, 1998; January 26, 1999,
1-3 read first time and referred to Committee on Health Services;
1-4 February 18, 1999, reported favorably by the following vote: Yeas
1-5 3, Nays 0; February 18, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to regulation of certain body piercing facilities;
1-9 providing penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. The heading of Chapter 146, Health and Safety
1-12 Code, is amended to read as follows:
1-13 CHAPTER 146. TATTOO AND CERTAIN BODY PIERCING STUDIOS
1-14 SECTION 2. Section 146.001, Health and Safety Code, is
1-15 amended to read as follows:
1-16 Sec. 146.001. DEFINITIONS. In this chapter:
1-17 (1) "Body piercing" means the creation of an opening
1-18 in an individual's body to insert jewelry or another decoration.
1-19 (2) "Body piercing professional" means a person who
1-20 performs body piercing.
1-21 (3) "Body piercing studio" means a facility in which
1-22 body piercing is performed.
1-23 (4) "Ear piercing" means the creation of an opening in
1-24 the external part of an individual's ear to insert jewelry or
1-25 another decoration.
1-26 (5) "Tattoo" means the practice of producing an
1-27 indelible mark or figure on the human body by scarring or inserting
1-28 a pigment under the skin using needles, scalpels, or other related
1-29 equipment.
1-30 (6) [(2)] "Tattooist" means a person who performs
1-31 tattooing.
1-32 (7) [(3)] "Tattoo studio" means an establishment or
1-33 facility in which tattooing is performed.
1-34 (8) [(4)] "Temporary location" means a fixed location
1-35 at which an individual operator performs tattooing or body piercing
1-36 for a specified period of not more than seven days in conjunction
1-37 with a single event or celebration, where the primary function of
1-38 the event or celebration is tattooing or body piercing.
1-39 SECTION 3. Chapter 146, Health and Safety Code, is amended
1-40 by amending Section 146.002 and adding Section 146.0025 to read as
1-41 follows:
1-42 Sec. 146.002. LICENSE REQUIRED. (a) A person may not
1-43 conduct, operate, or maintain a tattoo studio unless the person
1-44 holds a license issued by the department to operate the tattoo
1-45 studio. Except as provided by Section 146.0025, a person may not
1-46 conduct, operate, or maintain a body piercing studio unless the
1-47 person holds a license issued by the department to operate the body
1-48 piercing studio.
1-49 (b) Except as provided by Section 146.0025, a [A] person may
1-50 not practice tattooing or body piercing at a temporary location
1-51 unless the person holds a temporary location license for tattooing
1-52 or body piercing, as appropriate, issued by the department.
1-53 (c) The license must be displayed in a prominent place in
1-54 the tattoo or body piercing studio or temporary location.
1-55 (d) Tattooing and body piercing are [is] permitted only at a
1-56 location that is in compliance with this chapter and rules adopted
1-57 under this chapter.
1-58 Sec. 146.0025. EXEMPTIONS FROM LICENSING REQUIREMENTS; EAR
1-59 PIERCING ESTABLISHMENTS EXEMPT. (a) [(e)] This chapter does not
1-60 apply to:
1-61 (1) a medical facility licensed under other law; [or]
1-62 (2) an office or clinic of a person licensed by the
1-63 Texas State Board of Medical Examiners;
1-64 (3) a person who performs only ear piercing; or
2-1 (4) a facility in which only ear piercing is
2-2 performed.
2-3 (b) A person who conducts, operates, or maintains a
2-4 facility, office, or clinic described by Subsection (a)(1), (2), or
2-5 (4) is not required to obtain a license under this chapter to
2-6 operate that facility.
2-7 SECTION 4. Subsections (a) and (b), Section 146.003, Health
2-8 and Safety Code, are amended to read as follows:
2-9 (a) To receive a tattoo studio license, body piercing studio
2-10 license, or temporary location license, a person must submit a
2-11 signed, verified license application to the department on a form
2-12 prescribed by the department and must submit an application fee.
2-13 (b) On receipt of a tattoo studio or body piercing studio
2-14 license application, the department shall inspect the proposed
2-15 tattoo or body piercing studio to determine compliance with this
2-16 chapter and rules adopted by the board under this chapter. In
2-17 addition, the department shall request confirmation from the
2-18 appropriate building and zoning officials in the municipality or
2-19 county in which the studio is proposed to be located to determine
2-20 compliance with existing building and zoning codes applicable to
2-21 the studio. The department may issue a license for a tattoo or
2-22 body piercing studio after determining that the studio is in
2-23 compliance with applicable statutes, rules, and building and zoning
2-24 codes.
2-25 SECTION 5. Section 146.004, Health and Safety Code, is
2-26 amended to read as follows:
2-27 Sec. 146.004. LICENSE TERM; RENEWAL. (a) A tattoo studio
2-28 or body piercing studio license is valid for one year from the date
2-29 of issuance. A temporary tattooing or body piercing location
2-30 license is valid for a specified period not to exceed seven days.
2-31 (b) A tattoo studio or body piercing studio license may be
2-32 renewed annually on payment of the required renewal fee.
2-33 SECTION 6. Subsection (a), Section 146.006, Health and
2-34 Safety Code, is amended to read as follows:
2-35 (a) A person holding a tattoo studio or body piercing studio
2-36 license under this chapter who intends to change the location of
2-37 the tattoo or body piercing studio shall notify the department in
2-38 writing of that intent not less than 30 days before the change is
2-39 to occur. The notice shall include the street address of the new
2-40 location and the name and residence address of the individual in
2-41 charge of the business at the new location.
2-42 SECTION 7. Section 146.007, Health and Safety Code, is
2-43 amended to read as follows:
2-44 Sec. 146.007. COMPLIANCE WITH CHAPTER AND RULES. A person
2-45 who owns, operates, or maintains a tattoo or body piercing studio
2-46 or practices tattooing or body piercing at a temporary location
2-47 shall comply with this chapter and rules adopted under this
2-48 chapter.
2-49 SECTION 8. Section 146.008, Health and Safety Code, is
2-50 amended to read as follows:
2-51 Sec. 146.008. ASEPTIC TECHNIQUES. A person who owns,
2-52 operates, or maintains a tattoo or body piercing studio and each
2-53 tattooist or body piercing professional who works in the studio or
2-54 at a temporary location shall take precautions to prevent the
2-55 spread of infection, including:
2-56 (1) using germicidal soap to clean the hands of the
2-57 tattooist or body piercing professional and the skin area of the
2-58 client to be tattooed or pierced;
2-59 (2) wearing clean apparel and rubber gloves;
2-60 (3) using sterile tools and equipment as provided by
2-61 Section 146.011; and
2-62 (4) keeping the tattoo or body piercing studio or
2-63 temporary location in a sanitary condition.
2-64 SECTION 9. Section 146.009, Health and Safety Code, is
2-65 amended to read as follows:
2-66 Sec. 146.009. BUILDING AND LOCATION. A tattoo or body
2-67 piercing studio must be in a permanent, nondwelling building
2-68 located in an area in which the location is permissible under local
2-69 zoning codes, if any.
3-1 SECTION 10. Section 146.010, Health and Safety Code, is
3-2 amended to read as follows:
3-3 Sec. 146.010. SANITATION REQUIREMENTS. (a) The board by
3-4 rule shall establish sanitation requirements for tattoo and body
3-5 piercing studios and any other necessary requirements relating to
3-6 the building or part of the building in which a tattoo or body
3-7 piercing studio is located.
3-8 (b) A person who owns, operates, or maintains a tattoo or
3-9 body piercing studio shall comply with the rules adopted under this
3-10 section.
3-11 SECTION 11. Subsections (a) and (b), Section 146.011, Health
3-12 and Safety Code, are amended to read as follows:
3-13 (a) A tattooist or body piercing professional shall use
3-14 tools and equipment for tattooing or body piercing that have been
3-15 properly sterilized and kept in a sterile condition.
3-16 (b) A tattooist or body piercing professional shall
3-17 sterilize tools and equipment used on one client before using them
3-18 on another client.
3-19 SECTION 12. Chapter 146, Health and Safety Code, is amended
3-20 by adding Section 146.0125 to read as follows:
3-21 Sec. 146.0125. BODY PIERCING PROHIBITED WITHOUT PARENTAL
3-22 CONSENT; EXCEPTION. (a) A body piercing professional may not
3-23 perform body piercing on a person younger than 18 years of age
3-24 without the written and notarized consent of a parent, managing
3-25 conservator, or guardian of the person.
3-26 (b) The written consent must indicate the part of the
3-27 person's body that may be pierced.
3-28 (c) This section does not apply if the part of the person's
3-29 body that is pierced is the external part of the person's ear.
3-30 SECTION 13. Subsection (a), Section 146.013, Health and
3-31 Safety Code, is amended to read as follows:
3-32 (a) A tattooist shall maintain a permanent record of each
3-33 person tattooed by the tattooist for a period established by the
3-34 board. A body piercing professional shall maintain a permanent
3-35 record of each person whose body is pierced by the professional for
3-36 a period established by the board.
3-37 SECTION 14. Section 146.014, Health and Safety Code, is
3-38 amended to read as follows:
3-39 Sec. 146.014. REPORT OF INFECTION. A person who owns,
3-40 operates, or maintains a tattoo or body piercing studio shall
3-41 report to the department any infection resulting from tattooing or
3-42 body piercing as soon as it becomes known.
3-43 SECTION 15. Section 146.016, Health and Safety Code, is
3-44 amended to read as follows:
3-45 Sec. 146.016. INSPECTIONS. (a) The department shall
3-46 inspect a tattoo or body piercing studio to determine if the studio
3-47 complies with this chapter and the rules adopted under this
3-48 chapter.
3-49 (b) A person who owns, operates, or maintains a tattoo or
3-50 body piercing studio shall allow inspection of the studio by the
3-51 department at any time the studio is in operation.
3-52 (c) The department shall inform the person who owns,
3-53 operates, or maintains a tattoo or body piercing studio of any
3-54 violation discovered by the department under this section and shall
3-55 give the person a reasonable period in which to take necessary
3-56 corrective action.
3-57 SECTION 16. (a) The Texas Board of Health shall adopt rules
3-58 to implement the change in law made by this Act to Chapter 146,
3-59 Health and Safety Code, not later than January 1, 2000.
3-60 (b) The change in law made by this Act applies only to the
3-61 regulation of body piercing, including the operations of a body
3-62 piercing studio and the activities of a body piercing professional,
3-63 on or after June 1, 2000. A body piercing studio is not required
3-64 to be licensed under Chapter 146, Health and Safety Code, as
3-65 amended by this Act, before June 1, 2000.
3-66 SECTION 17. Except as provided by Subsection (b) of Section
3-67 16 of this Act, this Act takes effect September 1, 1999.
3-68 SECTION 18. The importance of this legislation and the
3-69 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.
4-4 * * * * *