78R7765 YDB-D

By:  Uresti                                                       H.B. No. 2537



A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of the tattoo and body piercing laws; 
providing administrative penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 146, Health and Safety Code, is amended 
by adding Section 146.021 to read as follows:
	Sec. 146.021.  REPORTS OF UNLICENSED FACILITIES; 
ADMINISTRATIVE PENALTIES.  (a) To protect the public health and 
safety, the department shall establish a program to locate and 
close tattoo studios and body piercing studios that are operating 
without a license issued by the department.
	(b)  As part of the program under Subsection (a), the 
department may pay a reward, not to exceed $500, to a person who 
voluntarily reports to the department the location of a tattoo 
studio or body piercing studio that is operating in this state 
without a license.  To be eligible for the reward, the person must 
provide:
		(1)  the name of the studio or of the person operating 
the studio;   
		(2)  the physical address and, if available, telephone 
number of the studio;  and
		(3)  other specific information regarding the time and 
date when tattoo or body piercing services are provided at the 
studio.
	(c)  The department shall protect the anonymity of a person 
who makes a report under Subsection (b).
	(d)  A reward under Subsection (b) may be paid only after an 
administrative penalty has been collected from the operator of the 
studio.  If more than one person provides information to the 
department regarding the same studio, the department shall pay the 
reward to the person who made the first report under Subsection (b).
	(e)  The department may, in accordance with Section 146.019, 
impose an administrative penalty not to exceed $5,000 on a person 
who performs tattoo or body piercing services in an unlicensed 
studio.  Each day the services are performed constitutes a separate 
violation for purposes of imposing a penalty.
	(f)  If an unlicensed studio is in a home, the owner of the 
home is subject to an administrative penalty of $5,000 for each 
violation.  Each day the services are performed constitutes a 
separate violation for purposes of imposing a penalty.  If the 
unlicensed location is on rental property, the tenant is subject to 
an administrative penalty not to exceed $5,000 for each violation.
	(g)  An administrative penalty collected under this section  
shall be remitted to the department.  The department shall pay the 
rewards authorized by this section from money received under this 
section.  The department shall use the money to administer this 
section and to educate the public by distributing written and other 
materials, in English and Spanish, on:
		(1)  the requirements of this chapter;                                 
		(2)  basic infection control; and                                      
		(3)  bloodborne diseases.                                              
	(h)  The department shall maintain on its website 
information on how a person may report an unlicensed studio to the 
department under this section.
	SECTION 2.  (a)  Not later than March 1, 2004, the Texas 
Department of Health shall:
		(1)  implement Section 146.021, Health and Safety Code, 
as added by this Act; and
		(2)  inform the Texas Cosmetology Commission of the 
requirements of this Act.
	(b)  The Texas Cosmetology Commission shall inform the Texas  
Department of Health of any unlicensed tattoo or body piercing 
studio that the commission has knowledge is not in compliance with 
the requirements of Chapter 146, Health and Safety Code.
	SECTION 3.  This Act takes effect September 1, 2003.