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. Section 146.012, Health and Safety Code, is
2-19 amended to read as follows:
2-20 Sec. 146.012. TATTOOS PROHIBITED FOR CERTAIN PERSONS.
2-21 (a) A tattooist may not tattoo:
2-22 (1) a person younger than 18 years of age without
2-23 [written and notarized] consent from the individual's [a] parent or
2-24 guardian who determines it to be in the best interest to cover a
2-25 tattoo which contains:
2-26 (A) obscene or offensive language or symbols;
3-1 (B) gang-related names, symbols, or markings;
3-2 (C) drug-related names, symbols, or pictures; or
3-3 (D) some other type of words, symbols, or
3-4 markings that the court considers would be in the best interest of
3-5 the minor to cover; or
3-6 (2) a person whom the tattooist suspects is under the
3-7 influence of alcohol or drugs.
3-8 (b) The consent required by Subsection (a) may be satisfied
3-9 by:
3-10 (1) written and notarized consent by the individual's
3-11 parent or guardian; or
3-12 (2) the individual's parent or guardian:
3-13 (A) being physically present at the tattoo
3-14 studio at the time the tattooing is performed;
3-15 (B) executing an affidavit stating that the
3-16 person is the parent or guardian of the individual on whom the
3-17 tattooing is to be performed;
3-18 (C) presenting evidence of the person's identity
3-19 to the person who will perform the tattooing; and
3-20 (D) presenting evidence of the person's status
3-21 as parent or guardian of the individual who will receive the
3-22 tattoo.
3-23 (c) [(b)] If a parent or guardian of the minor and the minor
3-24 agree to the covering of a tattoo described by Subsection (a), a
3-25 justice court may issue the order. If the parent or guardian and
3-26 the minor do not agree, the order must be issued by a district
4-1 court or other court with jurisdiction of a suit affecting the
4-2 parent-child relationship or a civil proceeding brought under Title
4-3 3 or 4, Family Code.
4-4 (d) [c] The [written] consent required by Subsection (a)
4-5 must indicate the location on the person's body at which the tattoo
4-6 may be placed.
4-7 SECTION 5. Subsection (b), Section 146.017, Health and
4-8 Safety Code, is amended to read as follows:
4-9 (b) The refusal to issue a license, the suspension or
4-10 revocation of a license, and any appeals are governed by the
4-11 board's formal hearing procedures and the procedures for a
4-12 contested case hearing under Chapter 2001, Government Code. A
4-13 person may appeal a final decision of the department as provided by
4-14 that chapter [the Administrative Procedure and Texas Register Act
4-15 (Article 6252-13a, Vernon's Texas Civil Statutes)].
4-16 SECTION 6. Subsection (b), Section 146.018, Health and
4-17 Safety Code, is amended to read as follows:
4-18 (b) An offense under this section is a Class A [C]
4-19 misdemeanor.
4-20 SECTION 7. Section 146.019, Health and Safety Code, is
4-21 amended by adding Subsection (s) to read as follows:
4-22 (s) Any duty of the commissioner under this section may be
4-23 delegated to employees of the department.
4-24 SECTION 8. Chapter 146, Health and Safety Code, is amended
4-25 by adding Section 146.020 to read as follows:
4-26 Sec. 146.020. CIVIL PENALTY; INJUNCTION. (a) If it appears
5-1 that a person has violated or is violating this chapter or an order
5-2 issued or a rule adopted under this chapter, the commissioner may
5-3 request the attorney general or the district attorney, county
5-4 attorney, or municipal attorney in the jurisdiction where the
5-5 violation is alleged to have occurred, is occurring, or may occur
5-6 to institute a civil suit for:
5-7 (1) an order enjoining the violation;
5-8 (2) a permanent or temporary injunction, a temporary
5-9 restraining order, or other appropriate remedy, if the department
5-10 shows that the person has engaged in or is engaging in a violation;
5-11 (3) the assessment and recovery of a civil penalty; or
5-12 (4) both injunctive relief and a civil penalty.
5-13 (b) A civil penalty may not exceed $5,000 a day for each
5-14 violation. Each day the violation occurs constitutes a separate
5-15 violation for the purposes of the assessment of a civil penalty.
5-16 (c) In determining the amount of the civil penalty, the
5-17 court hearing the matter shall consider:
5-18 (1) the person's history of previous violations;
5-19 (2) the seriousness of the violation;
5-20 (3) the hazard to the health and safety of the public;
5-21 (4) the demonstrated good faith of the person charged;
5-22 and
5-23 (5) any other matter as justice may require.
5-24 (d) Venue for a suit brought under this section is in the
5-25 county in which the violation occurred or in Travis County.
5-26 (e) A civil penalty recovered in a suit instituted by a
6-1 local government under this chapter shall be paid to the local
6-2 government.
6-3 (f) The commissioner or the attorney general may recover
6-4 reasonable expenses incurred in obtaining injunctive relief or a
6-5 civil penalty under this section, including investigation and court
6-6 costs, reasonable attorney's fees, witness fees, and other
6-7 expenses. The expenses recovered by the commissioner under this
6-8 section may be used for the administration and enforcement of this
6-9 chapter. The expenses recovered by the attorney general may be
6-10 used by the attorney general for any purpose.
6-11 SECTION 9. The following laws are repealed:
6-12 (1) Subsection (c), Section 146.003, Health and Safety
6-13 Code; and
6-14 (2) Section 146.009, Health and Safety Code.
6-15 SECTION 10. This Act takes effect September 1, 1999.
6-16 SECTION 11. (a) The change in law made by this Act to
6-17 Section 146.018, Health and Safety Code, applies only to an offense
6-18 committed on or after the effective date of this Act. For the
6-19 purposes of this section, an offense is committed before the
6-20 effective date of this Act if any element of the offense occurs
6-21 before that date.
6-22 (b) An offense committed before the effective date of this
6-23 Act is covered by the law in effect when the offense was committed,
6-24 and the former law is continued in effect for that purpose.
6-25 SECTION 12. Section 146.020, Health and Safety Code, as
6-26 added by this Act, applies only to conduct occurring on or after
7-1 the effective date of this Act.
7-2 SECTION 13. The importance of this legislation and the
7-3 crowded condition of the calendars in both houses create an
7-4 emergency and an imperative public necessity that the
7-5 constitutional rule requiring bills to be read on three several
7-6 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 932 passed the Senate on
April 22, 1999, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 28, 1999, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 932 passed the House, with
amendment, on May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor