1-1 By: Madla S.B. No. 932
1-2 (In the Senate - Filed March 5, 1999; March 8, 1999, read
1-3 first time and referred to Committee on Health Services;
1-4 April 15, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 15, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 932 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to regulation of tattoo studios; providing penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsections (a) and (b), Section 146.003, Health
1-13 and Safety Code, are amended to read as follows:
1-14 (a) To receive a tattoo studio license or temporary location
1-15 license, a person must submit a signed, verified license
1-16 application to the department on a form prescribed by the
1-17 department and must submit an application fee. In addition, the
1-18 person must submit evidence from the appropriate zoning officials
1-19 in the municipality or county in which the studio is proposed to be
1-20 located that confirms that the studio is in compliance with
1-21 existing zoning codes applicable to the studio.
1-22 (b) [On receipt of a tattoo studio license application, the
1-23 department shall inspect the proposed tattoo studio to determine
1-24 compliance with this chapter and rules adopted by the board under
1-25 this chapter. In addition, the department shall request
1-26 confirmation from the appropriate building and zoning officials in
1-27 the municipality or county in which the studio is proposed to be
1-28 located to determine compliance with existing building and zoning
1-29 codes applicable to the studio.] The department may issue a
1-30 license or temporary location license for a tattoo studio after
1-31 determining that the studio is in compliance with applicable
1-32 statutes, rules, [and building] and zoning codes.
1-33 SECTION 2. Section 146.007, Health and Safety Code, is
1-34 amended to read as follows:
1-35 Sec. 146.007. COMPLIANCE WITH CHAPTER AND RULES. (a) A
1-36 person who owns, operates, or maintains a tattoo studio or
1-37 practices tattooing at a temporary location shall comply with this
1-38 chapter, Chapter 431, and rules adopted under this chapter and
1-39 Chapter 431.
1-40 (b) The board, commissioner, and department may enforce
1-41 Chapter 431 in relation to a drug, cosmetic, or device that is used
1-42 in tattooing and that is not otherwise subject to that chapter as
1-43 if the drug, cosmetic, or device satisfied the definitions assigned
1-44 those terms under Section 431.002.
1-45 SECTION 3. Subsection (c), Section 146.011, Health and
1-46 Safety Code, is amended to read as follows:
1-47 (c) Tools and equipment shall be sterilized by:
1-48 (1) the use of a dry heat sterilizer [heating in an
1-49 oven at 320 degrees Fahrenheit for at least one hour]; or
1-50 (2) steam pressure treatment in an autoclave.
1-51 SECTION 4. Subsection (b), Section 146.017, Health and
1-52 Safety Code, is amended to read as follows:
1-53 (b) The refusal to issue a license, the suspension or
1-54 revocation of a license, and any appeals are governed by the
1-55 board's formal hearing procedures and the procedures for a
1-56 contested case hearing under Chapter 2001, Government Code. A
1-57 person may appeal a final decision of the department as provided by
1-58 that chapter [the Administrative Procedure and Texas Register Act
1-59 (Article 6252-13a, Vernon's Texas Civil Statutes)].
1-60 SECTION 5. Subsection (b), Section 146.018, Health and
1-61 Safety Code, is amended to read as follows:
1-62 (b) An offense under this section is a Class A [C]
1-63 misdemeanor.
1-64 SECTION 6. Section 146.019, Health and Safety Code, is
2-1 amended by adding Subsection (s) to read as follows:
2-2 (s) Any duty of the commissioner under this section may be
2-3 delegated to employees of the department.
2-4 SECTION 7. Chapter 146, Health and Safety Code, is amended
2-5 by adding Section 146.020 to read as follows:
2-6 Sec. 146.020. CIVIL PENALTY; INJUNCTION. (a) If it appears
2-7 that a person has violated or is violating this chapter or an order
2-8 issued or a rule adopted under this chapter, the commissioner may
2-9 request the attorney general or the district attorney, county
2-10 attorney, or municipal attorney in the jurisdiction where the
2-11 violation is alleged to have occurred, is occurring, or may occur
2-12 to institute a civil suit for:
2-13 (1) an order enjoining the violation;
2-14 (2) a permanent or temporary injunction, a temporary
2-15 restraining order, or other appropriate remedy, if the department
2-16 shows that the person has engaged in or is engaging in a violation;
2-17 (3) the assessment and recovery of a civil penalty; or
2-18 (4) both injunctive relief and a civil penalty.
2-19 (b) A civil penalty may not exceed $5,000 a day for each
2-20 violation. Each day the violation occurs constitutes a separate
2-21 violation for the purposes of the assessment of a civil penalty.
2-22 (c) In determining the amount of the civil penalty, the
2-23 court hearing the matter shall consider:
2-24 (1) the person's history of previous violations;
2-25 (2) the seriousness of the violation;
2-26 (3) the hazard to the health and safety of the public;
2-27 (4) the demonstrated good faith of the person charged;
2-28 and
2-29 (5) any other matter as justice may require.
2-30 (d) Venue for a suit brought under this section is in the
2-31 county in which the violation occurred or in Travis County.
2-32 (e) A civil penalty recovered in a suit instituted by a
2-33 local government under this chapter shall be paid to the local
2-34 government.
2-35 (f) The commissioner or the attorney general may recover
2-36 reasonable expenses incurred in obtaining injunctive relief or a
2-37 civil penalty under this section, including investigation and court
2-38 costs, reasonable attorney's fees, witness fees, and other
2-39 expenses. The expenses recovered by the commissioner under this
2-40 section may be used for the administration and enforcement of this
2-41 chapter. The expenses recovered by the attorney general may be
2-42 used by the attorney general for any purpose.
2-43 SECTION 8. The following laws are repealed:
2-44 (1) Subsection (c), Section 146.003, Health and Safety
2-45 Code; and
2-46 (2) Section 146.009, Health and Safety Code.
2-47 SECTION 9. This Act takes effect September 1, 1999.
2-48 SECTION 10. (a) The change in law made by this Act to
2-49 Section 146.018, Health and Safety Code, applies only to an offense
2-50 committed on or after the effective date of this Act. For the
2-51 purposes of this section, an offense is committed before the
2-52 effective date of this Act if any element of the offense occurs
2-53 before that date.
2-54 (b) An offense committed before the effective date of this
2-55 Act is covered by the law in effect when the offense was committed,
2-56 and the former law is continued in effect for that purpose.
2-57 SECTION 11. Section 146.020, Health and Safety Code, as
2-58 added by this Act, applies only to conduct occurring on or after
2-59 the effective date of this Act.
2-60 SECTION 12. The importance of this legislation and the
2-61 crowded condition of the calendars in both houses create an
2-62 emergency and an imperative public necessity that the
2-63 constitutional rule requiring bills to be read on three several
2-64 days in each house be suspended, and this rule is hereby suspended.
2-65 * * * * *