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.
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