Health and Safety Code
CHAPTER 146. TATTOO STUDIOS
Sec. 146.001. Definitions.
In this chapter:
(1) "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.
(2) "Tattooist" means a person who performs tattooing.
(3) "Tattoo studio " means an establishment or facility in
which tattooing is performed.
(4) "Temporary location" means a fixed location at which an
individual operator performs tattooing for a specified period
of not more than seven days in conjunction with a single event
or celebration, where the primary function of the event or
celebration is tattooing.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 2, eff.
Sept. 1, 1995.
Sec. 146.002. License Required.
(a) A person may not conduct, operate, or maintain a tattoo
studio unless the person holds a license issued by the department
to operate the studio.
(b) A person may not practice tattooing at a temporary location
unless the person holds a temporary location license issued by
the department.
(c) The license must be displayed in a prominent place in the
tattoo studio or temporary location.
(d) Tattooing is permitted only at a location that is in
compliance with this chapter and rules adopted under this
chapter.
(e) This chapter does not apply to:
(1) a medical facility licensed under other law; or
(2) an office or clinic of a person licensed by the Texas
State Board of Medical Examiners.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 3, eff.
Sept. 1, 1995.
Sec. 146.003. License Application.
(a) To receive a tattoo studio license or temporary location
license, a person must submit a signed, verified license
application to the department on a form prescribed by the
department and must submit an application fee.
(b) On receipt of a tattoo studio license application, the
department shall inspect the proposed tattoo studio to determine
compliance with this chapter and rules adopted by the board under
this chapter. In addition, the department shall request
confirmation from the appropriate building and zoning officials
in the municipality or county in which the studio is proposed to
be located to determine compliance with existing building and
zoning codes applicable to the studio. The department may issue
a license for a tattoo studio after determining that the studio
is in compliance with applicable statutes, rules, and building
and zoning codes.
(c) On receipt of a temporary location license application, the
department shall request confirmation from the appropriate
building and zoning officials in the municipality or county in
which the temporary location is proposed to be located to
determine compliance with applicable existing building and zoning
codes. The department may issue a license for a temporary
location after determining that the temporary location is in
compliance with applicable building and zoning codes.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 4, eff.
Sept. 1, 1995.
Sec. 146.004. License Term; Renewal.
(a) A tattoo studio license is valid for one year from the date
of issuance. A temporary tattooing location license is valid for
a specified period not to exceed seven days.
(b) A tattoo studio license may be renewed annually on payment
of the required renewal fee.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 5, eff.
Sept. 1, 1995.
Sec. 146.005. Fees.
(a) The board shall set license fees and license renewal fees
in amounts necessary to administer this chapter.
(b) Fees collected under this section may only be appropriated
to the department to administer and enforce this chapter.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993.
Sec. 146.006. Change of Location.
(a) A person holding a tattoo studio license under this chapter
who intends to change the location of the tattoo studio shall
notify the department in writing of that intent not less than 30
days before the change is to occur. The notice shall include the
street address of the new location and the name and residence
address of the individual in charge of the business at the new
location.
(b) Not later than the 10th day after the change of location is
complete, a person holding a license under this chapter shall
notify the department in writing and shall verify the information
submitted under Subsection (a).
(c) Notice under this section must be sent to the department's
central office by certified mail, return receipt requested.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 6, eff.
Sept. 1, 1995.
Sec. 146.007. Compliance With Chapter and Rules.
A person who owns, operates, or maintains a tattoo studio or
practices tattooing at a temporary location shall comply with
this chapter and rules adopted under this chapter.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 7, eff.
Sept. 1, 1995.
Sec. 146.008. Aseptic Techniques.
A person who owns, operates, or maintains a tattoo studio and
each tattooist who works in the studio or at a temporary location
shall take precautions to prevent the spread of infection,
including:
(1) using germicidal soap to clean the hands of the
tattooist and the skin area of the client to be tattooed;
(2) wearing clean apparel and rubber gloves;
(3) using sterile tools and equipment as provided by Section
146.011; and
(4) keeping the tattoo studio or temporary location in a
sanitary condition.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 8, eff.
Sept. 1, 1995.
Sec. 146.009. Building and Location.
A tattoo studio must be in a permanent, nondwelling building
located in an area in which the location is permissible under
local zoning codes, if any.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 9, eff.
Sept. 1, 1995.
Sec. 146.010. Sanitation Requirements.
(a) The board by rule shall establish sanitation requirements
for tattoo studios and any other necessary requirements relating
to the building or part of the building in which a tattoo studio
is located.
(b) A person who owns, operates, or maintains a tattoo studio
shall comply with the rules adopted under this section.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 10, eff.
Sept. 1, 1995.
Sec. 146.011. Tools and Equipment.
(a) A tattooist shall use tools and equipment for tattooing
that have been properly sterilized and kept in a sterile
condition.
(b) A tattooist shall sterilize tools and equipment used on one
client before using them on another client.
(c) Tools and equipment shall be sterilized by:
(1) dry heating in an oven at 320 degrees Fahrenheit for at
least one hour; or
(2) steam pressure treatment in an autoclave.
(d) All needles and instruments shall be kept in a clean,
dust-tight container when not in use.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993.
Sec. 146.012. Tattoos Prohibited for Certain Persons.
(a) A tattooist may not tattoo:
(1) a person younger than 18 years of age without written
and notarized consent from a 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 whom the tattooist suspects is under the
influence of alcohol or drugs.
(b) 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.
(c) The written consent required by Subsection (a) must
indicate the location on the person's body at which the tattoo
may be placed.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 11, eff.
Sept. 1, 1995.
Sec. 146.013. Maintenance of Records.
(a) A tattooist shall maintain a permanent record of each
person tattooed by the tattooist for a period established by the
board.
(b) The record shall be available for inspection on the request
of the department.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993.
Sec. 146.014. Report of Infection.
A person who owns, operates, or maintains a tattoo studio shall
report to the department any infection resulting from tattooing
as soon as it becomes known.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 12, eff.
Sept. 1, 1995.
Sec. 146.015. Rules; Enforcement.
(a) The board shall adopt rules to implement this chapter.
(b) The department shall enforce this chapter and the rules
adopted under this chapter and may issue orders to compel
compliance.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993.
Sec. 146.016. Inspections.
(a) The department shall inspect a tattoo studio to determine
if the studio complies with this chapter and the rules adopted
under this chapter.
(b) A person who owns, operates, or maintains a tattoo studio
shall allow inspection of the studio by the department at any
time the studio is in operation.
(c) The department shall inform the person who owns, operates,
or maintains a tattoo studio of any violation discovered by the
department under this section and shall give the person a
reasonable period in which to take necessary corrective action.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 13, eff.
Sept. 1, 1995.
Sec. 146.017. License Denial, Suspension, or Revocation.
(a) The department may refuse to issue a license or suspend or
revoke a license issued under this chapter if an applicant or
license holder does not comply with this chapter or a rule
adopted or order issued under this chapter.
(b) The refusal to issue a license, the suspension or
revocation of a license, and any appeals are governed by the
board's formal hearing procedures and the procedures for a
contested case hearing under Chapter 2001, Government Code. A
person may appeal a final decision of the department as provided
by the Administrative Procedure and Texas Register Act (Article
6252-13a, Vernon's Texas Civil Statutes).
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),
eff. Sept. 1, 1995.
Sec. 146.018. Offense; Criminal Penalty.
(a) A person commits an offense if the person violates this
chapter or a rule adopted under this chapter.
(b) An offense under this section is a Class C misdemeanor.
(c) Each day of violation constitutes a separate offense.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Jan. 1,
1994.
Sec. 146.019. Administrative Penalty.
(a) The commissioner may impose an administrative penalty
against a person who violates a rule adopted under Section
146.007 or an order adopted or license issued under this chapter.
(b) The penalty for a violation may be in an amount not to
exceed $5,000. Each day a violation continues or occurs is a
separate violation for purposes of imposing a penalty.
(c) The amount of the penalty shall be based on:
(1) the seriousness of the violation, including the nature,
circumstances, extent, and gravity of any prohibited acts, and
the hazard or potential hazard created to the health, safety,
or economic welfare of the public;
(2) the economic harm to property or the environment caused
by the violation;
(3) the history of previous violations;
(4) the amounts necessary to deter future violations;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
(d) The commissioner who determines that a violation has
occurred shall issue an order that states the facts on which the
determination is based, including an assessment of the penalty.
(e) Within 14 days after the date the report is issued, the
commissioner shall give written notice of the report to the
person. The notice may be given by certified mail. The notice
must include a brief summary of the alleged violation and a
statement of the amount of the recommended penalty and must
inform the person that the person has a right to a hearing on the
occurrence of the violation, the amount of the penalty, or both
the occurrence of the violation and the amount of the penalty.
(f) Within 20 days after the date the person receives the
notice, the person in writing may accept the determination and
recommended penalty of the commissioner or may make written
request for a hearing on the occurrence of the violation, the
amount of the penalty, or both the occurrence of the violation
and the amount of the penalty.
(g) If the person accepts the determination and recommended
penalty of the commissioner, the commissioner by order shall
approve the determination and impose the recommended penalty.
(h) If the person requests a hearing or fails to respond timely
to the notice, the commissioner shall set a hearing and give
notice of the hearing to the person. The hearing shall be held
by an administrative law judge of the State Office of
Administrative Hearings. The administrative law judge shall make
findings of fact and conclusions of law and promptly issue to the
commissioner a proposal for a decision about the occurrence of
the violation and the amount of a proposed penalty. Based on the
findings of fact, conclusions of law, and proposal for a
decision, the commissioner by order may find that a violation has
occurred and impose a penalty or may find that no violation
occurred.
(i) The notice of the commissioner's order given to the person
under Chapter 2001, Government Code must include a statement of
the right of the person to judicial review of the order.
(j) Within 30 days after the date the commissioner's order is
final as provided by Subchapter F, Chapter 2001, Government Code,
the person shall:
(1) pay the amount of the penalty;
(2) pay the amount of the penalty and file a petition for
judicial review contesting the occurrence of the violation, the
amount of the penalty, or both the occurrence of the violation
and the amount of the penalty; or
(3) without paying the amount of the penalty, file a
petition for judicial review contesting the occurrence of the
violation, the amount of the penalty, or both the occurrence of
the violation and the amount of the penalty.
(k) Within the 30-day period, a person who acts under
Subsection (j)(3) of this section may:
(1) stay enforcement of the penalty by:
(A) paying the amount of the penalty to the court for
placement in an escrow account; or
(B) giving to the court a supersedeas bond approved by
the court for the amount of the penalty and that is
effective until all judicial review of the commissioner's
order is final; or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the
person stating that the person is financially unable to pay
the amount of the penalty and is financially unable to give
the supersedeas bond; and
(B) giving a copy of the affidavit to the commissioner
by certified mail.
(l) The commissioner who receives a copy of an affidavit under
Subsection (k)(2) of this section may file, with the court within
five days after the date the copy is received, a contest to the
affidavit. The court shall hold a hearing on the facts alleged
in the affidavit as soon as practicable and shall stay the
enforcement of the penalty on finding that the alleged facts are
true. The person who files an affidavit has the burden of
proving that the person is financially unable to pay the amount
of the penalty and to give a supersedeas bond.
(m) If the person does not pay the amount of the penalty and
the enforcement of the penalty is not stayed, the commissioner
may refer the matter to the attorney general for collection of
the amount of the penalty.
(n) Judicial review of the order of the commissioner:
(1) is instituted by filing a petition as provided by
Subchapter G, Chapter 2001, Government Code and its subsequent
amendments; and
(2) is under the substantial evidence rule.
(o) If the court sustains the occurrence of the violation, the
court may uphold or reduce the amount of the penalty and order
the person to pay the full or reduced amount of the penalty. If
the court does not sustain the occurrence of the violation, the
court shall order that no penalty is owed.
(p) When the judgment of the court becomes final, the court
shall proceed under this subsection. If the person paid the
amount of the penalty and if that amount is reduced or is not
upheld by the court, the court shall order that the appropriate
amount plus accrued interest be remitted to the person. The rate
of the interest is the rate charged on loans to depository
institutions by the New York Federal Reserve Bank, and the
interest shall be paid for the period beginning on the date the
penalty was paid and ending on the date the penalty is remitted.
If the person gave a supersedeas bond and if the amount of the
penalty is not upheld by the court, the court shall order the
release of the bond. If the person gave a supersedeas bond and
if the amount of the penalty is reduced, the court shall order
the release of the bond after the person pays the amount.
(q) A penalty collected under this section shall be remitted to
the comptroller for deposit in the general revenue fund.
(r) All proceedings under this section are subject to Chapter
2001, Government Code.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(51),
(55), (59), eff. Sept. 1, 1995