HBA-NRS H.B. 103 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 103
By: Maxey
Public Health
2/8/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a minor cannot receive a tattoo unless a parent or a
guardian consents and the tattoo is meant to cover a prior offensive
tattoo. Such restrictions may result in minors tattooing themselves with
homemade instruments or seeking out an unlicensed tattooist to receive a
tattoo. Both acts might result in a serious infection, such as HIV or
hepatitis. House Bill 103 amends the Health and Safety Code to authorize a
minor that has obtained the consent of a parent or guardian to receive a
tattoo from a licensed tattooist and repeals certain provisions related to
the issuance of a court order for the covering of a minor's tattoo.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 103 amends the Health and Safety Code to prohibit a tattooist
from tattooing a person younger than 18 years of age without consent from
the person's parent or guardian. The bill also removes provisions limiting
a parent's or guardian's consent for a tattooist to tattoo a minor in order
to cover a tattoo which contains obscene or offensive language or symbols;
gang-related names, symbols, or markings; drug-related names, symbols, or
pictures; or some other type of words, symbols, or markings that the court
considers would be in the best interest of the minor to cover. 

The bill repeals the provision that if a parent or guardian of the minor
and the minor agree to the covering of a tattoo, a justice court is
authorized to issue an order. The bill also repeals the provision which
provides that an order must be issued by a district court or other court
with jurisdiction of a  suit affecting the parentchild relationship or a
civil proceeding brought under juvenile justice or protective orders and
family violence statutes if the parent or guardian and the minor do not
agree to the covering of the tattoo.  

EFFECTIVE DATE

September 1, 2001.