SRC-MSY S.B. 1310 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1310
78R7765 YDB-DBy: Van de Putte
Health & Human Services
3/21/2003
As Filed


DIGEST AND PURPOSE 

Current Texas law does not provide for a program to encourage the public
to inform authorities of tattoo or body piercing studios that are
operating without a license.  As proposed, S.B. 1310 requires the Texas
Department of Health (TDH) to establish a program that rewards persons who
provide TDH with certain information regarding unlicensed studios, and
authorizes TDH to pay the person with part of the funds collected from an
offender as an administrative penalty established by this bill.  In
addition, S.B. 1310 requires TDH to provide the public with information
regarding the potential dangers associated with unlicensed studios and how
to report such facilities. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 146, Health and Safety Code, by adding Section
146.021, as follows: 

Sec.  146.021.  REPORTS OF UNLICENSED FACILITIES; ADMINISTRATIVE
PENALTIES.  (a)  Requires the Texas Department of Health (TDH), in order
to protect the public health and safety, to establish a program to locate
and close tattoo and body piercing studios that are operating without a
license issued by TDH. 

(b)  Authorizes TDH to pay a reward of no more than $500 to a person who
voluntarily reports to TDH the location of a tattoo or body piercing
studio that is operating in this state without a license, as part of the
program under Subsection (a). Requires the person to provide certain
information to be eligible for the reward. 

(c)  Requires TDH to protect the anonymity of a person who makes a report
under Subsection (b). 

(d)  Authorizes a reward under Subsection (b) to be paid only after an
administrative penalty has been collected from the operator of the studio.
Requires TDH to pay the reward to the person who provides the first report
under Subsection (b), if more than one person provides information to TDH
regarding the same studio. 

(e)  Authorizes TDH to impose an administrative penalty of no more than
$5,000 on a person who performs tattoo or body piercing services in an
unlicensed studio, in accordance with Section 146.019.  Provides that each
day the services are performed constitutes a separate violation for the
purposes of imposing a penalty. 

(f)  Provides that the owner of a home in which an unlicensed studio is
located is subject to an administrative penalty of $5,000 for each
violation.  Provides that each day the services are performed constitutes
a separate violation for the purposes of  imposing a penalty. Provides
that the tenant of a rental property in which an unlicensed studio is
located is subject to an administrative penalty of no more than $5,000 for
each violation. 

(g)  Requires an administrative penalty collected under this section to be
remitted to TDH.  Requires TDH to pay the rewards authorized by this
section from money received under this section.  Requires TDH to use the
money to administer this section and to educate the public by distributing
written and other materials, in English and Spanish, containing certain
information. 

(h)  Requires TDH to maintain information on its website regarding how a
person may report an unlicensed studio. 

SECTION 2.  (a)  Requires TDH to implement Section 146.021, Health and
Safety Code, as added by this Act, and inform the Texas Cosmetology
Commission (TCC) of this Act's requirements no later than March 1, 2004. 

(b)  Requires TCC to inform TDH of any unlicensed tattoo or body piercing
studio that it knows to be in noncompliance with the requirements of
Chapter 146, Health and Safety Code. 

SECTION 3.  Effective date:  September 1, 2003.