78R7765 YDB-D
By: Van de Putte S.B. No. 1310
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.