By: Madla S.B. No. 932
A BILL TO BE ENTITLED
AN ACT
1-1 relating to regulation of tattoo studios; providing penalties.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsections (a) and (b), Section 146.003, Health
1-4 and Safety Code, are amended to read as follows:
1-5 (a) To receive a tattoo studio license or temporary location
1-6 license, a person must submit a signed, verified license
1-7 application to the department on a form prescribed by the
1-8 department and must submit an application fee. In addition, the
1-9 person must submit evidence from the appropriate zoning officials
1-10 in the municipality or county in which the studio is proposed to be
1-11 located that confirms that the studio is in compliance with
1-12 existing zoning codes applicable to the studio.
1-13 (b) [On receipt of a tattoo studio license application, the
1-14 department shall inspect the proposed tattoo studio to determine
1-15 compliance with this chapter and rules adopted by the board under
1-16 this chapter. In addition, the department shall request
1-17 confirmation from the appropriate building and zoning officials in
1-18 the municipality or county in which the studio is proposed to be
1-19 located to determine compliance with existing building and zoning
1-20 codes applicable to the studio.] The department may issue a
1-21 license or temporary location license for a tattoo studio after
1-22 determining that the studio is in compliance with applicable
1-23 statutes, rules, [and building] and zoning codes.
1-24 SECTION 2. Section 146.007, Health and Safety Code, is
2-1 amended to read as follows:
2-2 Sec. 146.007. COMPLIANCE WITH CHAPTER AND RULES. (a) A
2-3 person who owns, operates, or maintains a tattoo studio or
2-4 practices tattooing at a temporary location shall comply with this
2-5 chapter, Chapter 431, and rules adopted under this chapter and
2-6 Chapter 431.
2-7 (b) The board, commissioner, and department may enforce
2-8 Chapter 431 in relation to a drug, cosmetic, or device that is used
2-9 in tattooing and that is not otherwise subject to that chapter as
2-10 if the drug, cosmetic, or device satisfied the definitions assigned
2-11 those terms under Section 431.002.
2-12 SECTION 3. Subsection (c), Section 146.011, Health and
2-13 Safety Code, is amended to read as follows:
2-14 (c) Tools and equipment shall be sterilized by:
2-15 (1) the use of a dry heat sterilizer [heating in an
2-16 oven at 320 degrees Fahrenheit for at least one hour]; or
2-17 (2) steam pressure treatment in an autoclave.
2-18 SECTION 4. Subsection (b), Section 146.017, Health and
2-19 Safety Code, is amended to read as follows:
2-20 (b) The refusal to issue a license, the suspension or
2-21 revocation of a license, and any appeals are governed by the
2-22 board's formal hearing procedures and the procedures for a
2-23 contested case hearing under Chapter 2001, Government Code. A
2-24 person may appeal a final decision of the department as provided by
2-25 that chapter [the Administrative Procedure and Texas Register Act
2-26 (Article 6252-13a, Vernon's Texas Civil Statutes)].
3-1 SECTION 5. Subsection (b), Section 146.018, Health and
3-2 Safety Code, is amended to read as follows:
3-3 (b) An offense under this section is a Class A [C]
3-4 misdemeanor.
3-5 SECTION 6. Section 146.019, Health and Safety Code, is
3-6 amended by adding Subsection (s) to read as follows:
3-7 (s) Any duty of the commissioner under this section may be
3-8 delegated to employees of the department.
3-9 SECTION 7. Chapter 146, Health and Safety Code, is amended
3-10 by adding Section 146.020 to read as follows:
3-11 Sec. 146.020. CIVIL PENALTY; INJUNCTION. (a) If it appears
3-12 that a person has violated or is violating this chapter or an order
3-13 issued or a rule adopted under this chapter, the commissioner may
3-14 request the attorney general or the district attorney, county
3-15 attorney, or municipal attorney in the jurisdiction where the
3-16 violation is alleged to have occurred, is occurring, or may occur
3-17 to institute a civil suit for:
3-18 (1) an order enjoining the violation;
3-19 (2) a permanent or temporary injunction, a temporary
3-20 restraining order, or other appropriate remedy, if the department
3-21 shows that the person has engaged in or is engaging in a violation;
3-22 (3) the assessment and recovery of a civil penalty; or
3-23 (4) both injunctive relief and a civil penalty.
3-24 (b) A civil penalty may not exceed $5,000 a day for each
3-25 violation. Each day the violation occurs constitutes a separate
3-26 violation for the purposes of the assessment of a civil penalty.
4-1 (c) In determining the amount of the civil penalty, the
4-2 court hearing the matter shall consider:
4-3 (1) the person's history of previous violations;
4-4 (2) the seriousness of the violation;
4-5 (3) the hazard to the health and safety of the public;
4-6 (4) the demonstrated good faith of the person charged;
4-7 and
4-8 (5) any other matter as justice may require.
4-9 (d) Venue for a suit brought under this section is in the
4-10 county in which the violation occurred or in Travis County.
4-11 (e) A civil penalty recovered in a suit instituted by a
4-12 local government under this chapter shall be paid to the local
4-13 government.
4-14 (f) The commissioner or the attorney general may recover
4-15 reasonable expenses incurred in obtaining injunctive relief or a
4-16 civil penalty under this section, including investigation and court
4-17 costs, reasonable attorney's fees, witness fees, and other
4-18 expenses. The expenses recovered by the commissioner under this
4-19 section may be used for the administration and enforcement of this
4-20 chapter. The expenses recovered by the attorney general may be
4-21 used by the attorney general for any purpose.
4-22 SECTION 8. The following laws are repealed:
4-23 (1) Subsection (c), Section 146.003, Health and Safety
4-24 Code; and
4-25 (2) Section 146.009, Health and Safety Code.
4-26 SECTION 9. This Act takes effect September 1, 1999.
5-1 SECTION 10. (a) The change in law made by this Act to
5-2 Section 146.018, Health and Safety Code, applies only to an offense
5-3 committed on or after the effective date of this Act. For the
5-4 purposes of this section, an offense is committed before the
5-5 effective date of this Act if any element of the offense occurs
5-6 before that date.
5-7 (b) An offense committed before the effective date of this
5-8 Act is covered by the law in effect when the offense was committed,
5-9 and the former law is continued in effect for that purpose.
5-10 SECTION 11. Section 146.020, Health and Safety Code, as
5-11 added by this Act, applies only to conduct occurring on or after
5-12 the effective date of this Act.
5-13 SECTION 12. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended.