By: Van de Putte S.B. No. 1317
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of tattooists, persons who perform body
piercing, tattoo studios, and certain body piercing studios;
providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 146.001, Health and Safety Code, is
amended by adding Subdivision (1-a) and amending Subdivision (3) to
read as follows:
(1-a) "Body piercer" means a person who performs body
piercing.
(3) "Tattoo" means the practice of producing an
indelible mark or figure on the human body by scarring or inserting
a pigment under the skin using needles, scalpels, or other related
equipment. The term includes the application of permanent
cosmetics.
SECTION 2. Chapter 146, Health and Safety Code, is amended
by adding Section 146.0021 to read as follows:
Sec. 146.0021. EMPLOYMENT OF TATTOOISTS AND BODY PIERCERS;
REGISTRATION REQUIRED. A tattoo studio or a body piercing studio
may not employ a tattooist or a body piercer unless the person is
registered with the department under this chapter.
SECTION 3. Chapter 146, Health and Safety Code, is amended
by adding Sections 146.0041 and 146.0042 to read as follows:
Sec. 146.0041. GENERAL GROUNDS FOR REFUSAL. (a) The
department may refuse to issue an original or renewal tattoo studio
or body piercing studio license if it has reasonable grounds to
believe and finds that any of the following circumstances exist:
(1) the applicant has been convicted of a violation of
this chapter during the two years immediately preceding the filing
of the application;
(2) three years have not elapsed since the
termination, by pardon or otherwise, of a sentence imposed on the
applicant for a conviction associated with tattooing or body
piercing;
(3) the applicant violated or caused to be violated a
provision of this chapter or a rule of the department adopted under
this chapter involving moral turpitude during the six months
immediately preceding the filing of the application;
(4) the applicant failed to answer or falsely or
incorrectly answered a question in an original or renewal
application;
(5) the applicant is indebted to the state for a fee or
penalty imposed by this chapter or by rule of the department adopted
under this chapter;
(6) the applicant is a minor; or
(7) the applicant does not provide an adequate
building available at the address for which the license is sought
before conducting any activity authorized by the license.
(b) The department shall refuse to issue or renew, for a
period of one year from the date of application for the initial or
renewal license, a tattoo studio or body piercing studio license
for a premises where a shooting, stabbing, or other violent act or
an offense involving drugs occurred that involved a license
applicant, license holder, or registrant under this chapter or a
patron or employee of the studio.
Sec. 146.0042. REVOCATION OR SUSPENSION OF LICENSE.
(a) In Subsection (b), "license holder" includes each member of a
partnership or association and, with respect to a corporation, each
officer and the owner or owners of a majority of the corporate
stock.
(b) The department may suspend for not more than 60 days or
revoke an original or renewal tattoo studio or body piercing studio
license if it is found, after notice and hearing, that any of the
following is true:
(1) the license holder has been finally convicted of a
violation of this chapter;
(2) the license holder violated a provision of this
chapter or a rule of the department adopted under this chapter;
(3) the license holder made a false or misleading
statement in connection with the original or renewal application,
either in the formal application itself or in any other written
instrument relating to the application submitted to the department;
(4) the license holder is indebted to the state for
fees or payment of penalties imposed by this chapter or by a rule of
the department adopted under this chapter;
(5) the license holder knowingly misrepresented to a
customer or the public any tattoo or body piercing jewelry sold by
the license holder; or
(6) the license holder was intoxicated on the licensed
premises.
(c) The department may refuse to renew or, after notice and
hearing, suspend for not more than 60 days or revoke a tattoo studio
or body piercing studio license if the department finds that the
license holder is shown on the records of the comptroller as being
subject to a final determination of taxes due and payable under
Chapter 151, Tax Code, or is shown on the records of the comptroller
as being subject to a final determination of taxes due and payable
under Chapter 321, Tax Code.
(d) If a license holder cannot be located for any notice
required under this section, the department shall provide notice by
posting a copy of the order on the front door of the licensed
premises.
SECTION 4. Subsection (a), Section 146.005, Health and
Safety Code, is amended to read as follows:
(a) The board shall set license and registration fees and
license and registration renewal fees in amounts necessary to
administer this chapter.
SECTION 5. Section 146.012, Health and Safety Code, is
amended to read as follows:
Sec. 146.012. TATTOOS PROHIBITED FOR CERTAIN PERSONS.
(a) A tattooist may not tattoo:
(1) except as provided by Subsection (a-1), a person
younger than 18 years of age [without consent from the individual's
parent or guardian who determines it to be in the best interest to
cover a tattoo which contains:
[(A) obscene or offensive language or symbols;
[(B) gang-related names, symbols, or markings;
[(C) drug-related names, symbols, or pictures;
or
[(D) some other type of words, symbols, or
markings that the court considers would be in the best interest of
the minor to cover]; or
(2) a person who [whom] the tattooist suspects is
under the influence of alcohol or drugs.
(a-1) A tattooist may tattoo a person younger than 18 years
of age if:
(1) the tattoo will cover a tattoo that contains:
(A) obscene or offensive language or symbols;
(B) gang-related names, symbols, or markings;
(C) drug-related names, symbols, or pictures; or
(D) other words, symbols, or markings that the
person's parent or guardian considers would be in the best interest
of the person to cover; and
(2) the person has obtained consent from the person's
parent or guardian to cover the tattoo.
(b) The consent required by Subsection (a-1) [(a)] may be
satisfied by[:
[(1) written and notarized consent by the individual's
parent or guardian; or
[(2)] the individual's parent or guardian:
(1) [(A)] being physically present at the tattoo
studio at the time the tattooing is performed;
(2) [(B)] executing an affidavit stating that the
person is the parent or guardian of the individual on whom the
tattooing is to be performed;
(3) [(C)] presenting evidence of the person's identity
to the person who will perform the tattooing; and
(4) [(D)] presenting evidence of the person's status
as parent or guardian of the individual who will receive the tattoo.
(c) A person younger than 18 years of age commits an offense
if the person falsely states that the person is 18 years of age or
older or presents any document that indicates that the person is 18
years of age or older to a person engaged in the operation of a
tattoo studio. An offense under this subsection is a Class B
misdemeanor [If a parent or guardian of the minor and the minor
agree to the covering of a tattoo described by Subsection (a), a
justice court may issue the order. If the parent or guardian and
the minor do not agree, the order must be issued by a district court
or other court with jurisdiction of a suit affecting the
parent-child relationship or a civil proceeding brought under Title
3 or 4, Family Code.
[(d) The consent required by Subsection (a) must indicate
the location on the person's body at which the tattoo may be
placed].
SECTION 6. Section 146.0125, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) The consent required by Subsections (a) and (b) may be
satisfied by[:
[(1) written and notarized consent by the individual's
parent or guardian; or
[(2)] the individual's parent or guardian:
(1) [(A)] being physically present at the body
piercing studio at the time the body piercing is performed;
(2) [(B)] executing an affidavit stating that the
person is the parent or guardian of the individual on whom the body
piercing is to be performed;
(3) [(C)] presenting evidence of the person's identity
to the person who will perform the body piercing; and
(4) [(D)] presenting evidence of the person's status
as parent or guardian of the individual who will receive the body
piercing.
(d) A person younger than 18 years of age commits an offense
if the person falsely states that the person is 18 years of age or
older or presents any document that indicates that the person is 18
years of age or older to a person engaged in the operation of a body
piercing studio. An offense under this subsection is a Class B
misdemeanor.
SECTION 7. Chapter 146, Health and Safety Code, is amended
by adding Sections 146.021 through 146.025 to read as follows:
Sec. 146.021. EMERGENCY ORDERS. (a) The commissioner may,
with or without notice or hearing, issue an emergency order
relating to regulation under this chapter of a tattooist or body
piercer, or to the operation of a tattoo studio or body piercing
studio, if the commissioner finds:
(1) that:
(A) the operation of the tattoo studio or body
piercing studio or the performance of tattooing or body piercing by
the tattooist or body piercer presents an immediate and serious
threat to human health; or
(B) a shooting, stabbing, or other violent act or
an offense involving drugs:
(i) occurred at the tattoo studio or body
piercing studio; or
(ii) involved the tattooist or body
piercer; and
(2) that other procedures available to the department
to remedy or prevent the threat will result in an unreasonable
delay.
(b) If the commissioner issues an emergency order under this
section without a hearing, the department shall set a hearing under
Chapter 2001, Government Code, to affirm, modify, or set aside the
emergency order.
(c) If the license or registration holder cannot be located
for a notice required under this section, the department shall
provide notice by posting a copy of the order on the front door of
the premises of the license holder or the premises where the
registration holder is employed.
Sec. 146.022. REGISTRATION REQUIRED FOR TATTOOISTS AND BODY
PIERCERS. (a) A person may not perform tattooing or body piercing
at a tattoo studio or a body piercing studio unless the person holds
a registration issued by the department as a tattooist or body
piercer under this section.
(b) The registration holder shall display the registration
in a prominent place at each tattoo studio or body piercing studio
or temporary location where the person is employed.
Sec. 146.023. REGISTRATION APPLICATION. To receive a
tattooist or body piercer registration, the person must submit:
(1) a signed registration application to the
department on a form prescribed by the department;
(2) the application fee; and
(3) proof of completion of a training course approved
by the department for tattooists and body piercers that includes
not less than six hours related to bloodborne pathogens, infection
control, and aseptic technique.
Sec. 146.024. REGISTRATION TERM; RENEWAL. (a) A tattooist
or body piercer registration is valid for one year from the date of
issuance.
(b) A tattooist or body piercer registration may be renewed
annually on:
(1) payment of the required renewal fee; and
(2) submission of proof of completion of a training
course approved by the department that includes not less than four
hours related to bloodborne pathogens, infection control, and
aseptic technique.
Sec. 146.025. COURSE OF INSTRUCTION FOR TATTOOISTS AND BODY
PIERCERS; RULES; FEES. (a) The department shall prepare or
approve a course of instruction sufficient to meet the requirements
for application for a registration under Section 146.023 or renewal
of a registration under Section 146.024.
(b) The department may approve a course of instruction based
on standards set by the department to reasonably ensure that a
tattooist or body piercer develops the job skills and knowledge
necessary to protect public health and safety.
(c) A prospective course provider must submit to the
department for approval the course length and curriculum content
for each course offered by the provider. The provider may implement
a course length and curriculum content only after department
approval.
(d) The department by rule shall set a fee in an amount
reasonable and necessary to cover the cost of reviewing the course
content and issuing the approval.
SECTION 8. (a) The changes in law made by this Act to
Sections 146.012 and 146.0125, Health and Safety Code, apply only
to an offense committed on or after the effective date of this Act.
For purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before the effective date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 9. A tattooist or body piercer is not required to
hold a registration issued under Chapter 146, Health and Safety
Code, as amended by this Act, before June 1, 2004.
SECTION 10. This Act takes effect September 1, 2003.