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HEALTH & SAFETY CODE
CHAPTER 146. TATTOO AND CERTAIN BODY PIERCING STUDIOS
§ 146.001. DEFINITIONS. In this chapter:
(1) "Body piercing" means the creation of an opening
in an individual's body, other than in an individual's earlobe, to
insert jewelry or another decoration.
(1-a) "Body piercer" means a person who performs body
piercing.
(2) "Body piercing studio" means a facility in which
body piercing is performed.
(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.
(4) "Tattooist" means a person who performs tattooing.
(5) "Tattoo studio" means an establishment or facility
in which tattooing is performed.
(6) "Temporary location" means a fixed location at
which an individual operator performs tattooing or body piercing
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 or body piercing.
Added by Acts 1993, 73rd Leg., ch. 580, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 936, § 2, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 516, § 2, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 1226, § 1, eff. Sept. 1, 2003.
§ 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 tattoo
studio. Except as provided by Section 146.0025, a person may not
conduct, operate, or maintain a body piercing studio unless the
person holds a license issued by the department to operate the body
piercing studio.
(b) Except as provided by Section 146.0025, a person may not
practice tattooing or body piercing at a temporary location unless
the person holds a temporary location license for tattooing or body
piercing, as appropriate, issued by the department.
(c) The license must be displayed in a prominent place in
the tattoo or body piercing studio or temporary location.
(d) Tattooing and body piercing are permitted only at a
location that is in compliance with this chapter and rules adopted
under this chapter.
Added by Acts 1993, 73rd Leg., ch. 580, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 936, § 3, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 516, § 3, eff. Sept. 1, 1999.
§ 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.
Added by Acts 2003, 78th Leg., ch. 1226, § 2, eff. Sept. 1, 2003.
§ 146.0025. EXEMPTIONS FROM LICENSING REQUIREMENTS; EAR
PIERCING ESTABLISHMENTS EXEMPT. (a) This chapter does not apply
to:
(1) a medical facility licensed under other law;
(2) an office or clinic of a person licensed by the
Texas State Board of Medical Examiners;
(3) a person who performs only ear piercing; or
(4) a facility in which only ear piercing is
performed.
(b) A person who conducts, operates, or maintains a
facility, office, or clinic described by Subsection (a)(1), (2), or
(4) is not required to obtain a license under this chapter to
operate that facility.
Added by Acts 1999, 76th Leg., ch. 516, § 3, eff. Sept. 1, 1999.
§ 146.003. LICENSE APPLICATION. (a) To receive a
tattoo studio license, body piercing 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. In addition, the
person must submit evidence from the appropriate zoning officials
in the municipality or county in which the studio is proposed to be
located that confirms that the studio is in compliance with
existing zoning codes applicable to the studio.
Text of subsec. (b) as added by Acts 1999, 76th Leg., ch. 516, § 4
(b) On receipt of a tattoo studio or body piercing studio
license application, the department shall inspect the proposed
tattoo or body piercing 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 or body
piercing studio after determining that the studio is in compliance
with applicable statutes, rules, and building and zoning codes.
Text of subsec. (b) as added by Acts 1999, 76th Leg., ch. 1528, §
1
(b) The department may issue a license or temporary location
license for a tattoo studio after determining that the studio is in
compliance with applicable statutes, rules, and zoning codes.
(c) Repealed by Acts 1999, 76th Leg., ch. 1528, § 9(1),
eff. September 1, 1999.
Added by Acts 1993, 73rd Leg., ch. 580, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 936, § 4, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 516, § 4, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1528, § 1, 9(1), eff. Sept. 1, 1999.
§ 146.004. LICENSE TERM; RENEWAL. (a) A tattoo studio
or body piercing studio license is valid for one year from the date
of issuance. A temporary tattooing or body piercing location
license is valid for a specified period not to exceed seven days.
(b) A tattoo studio or body piercing studio license may be
renewed annually on payment of the required renewal fee.
Added by Acts 1993, 73rd Leg., ch. 580, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 936, § 5, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 516, § 5, eff. Sept. 1, 1999.
§ 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 may 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.
Added by Acts 2003, 78th Leg., ch. 1226, § 3, eff. Sept. 1, 2003.
§ 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.
Added by Acts 2003, 78th Leg., ch. 1226, § 3, eff. Sept. 1, 2003.
§ 146.005. FEES. (a) The board shall set license and
registration fees and license and registration 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, § 1, eff. Sept. 1, 1993.
Amended by Acts 2003, 78th Leg., ch. 1226, § 4, eff. Sept. 1,
2003.
§ 146.006. CHANGE OF LOCATION. (a) A person holding a
tattoo studio or body piercing studio license under this chapter
who intends to change the location of the tattoo or body piercing
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, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 936, § 6, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 516, § 6, eff. Sept. 1, 1999.
§ 146.007. COMPLIANCE WITH CHAPTER AND RULES. (a) A
person who owns, operates, or maintains a tattoo or body piercing
studio or practices tattooing or body piercing at a temporary
location shall comply with this chapter, Chapter 431, and rules
adopted under this chapter and Chapter 431.
(b) The board, commissioner, and department may enforce
Chapter 431 in relation to a drug, cosmetic, or device that is used
in tattooing and that is not otherwise subject to that chapter as if
the drug, cosmetic, or device satisfied the definitions assigned
those terms under Section 431.002.
Added by Acts 1993, 73rd Leg., ch. 580, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 936, § 7, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 516, § 7, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1528, § 2, eff. Sept. 1, 1999.
§ 146.008. ASEPTIC TECHNIQUES. A person who owns,
operates, or maintains a tattoo or body piercing studio and each
tattooist or person who performs body piercing 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 or person who performs body piercing and the skin area of
the client to be tattooed or pierced;
(2) wearing clean apparel and rubber gloves;
(3) using sterile tools and equipment as provided by
Section 146.011; and
(4) keeping the tattoo or body piercing studio or
temporary location in a sanitary condition.
Added by Acts 1993, 73rd Leg., ch. 580, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 936, § 8, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 516, § 8, eff. Sept. 1, 1999.
§ 146.009. BUILDING AND LOCATION.
Without reference to the amendment of this section by Acts 1999,
76th Leg., ch. 516, § 9, Acts 1999, 76th Leg., ch. 1528, §
9(2) repeals this section effective September 1, 1999.
A tattoo or body piercing 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, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 936, § 9, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 516, § 9, eff. Sept. 1, 1999.
§ 146.010. SANITATION REQUIREMENTS. (a) The board by
rule shall establish sanitation requirements for tattoo and body
piercing studios and any other necessary requirements relating to
the building or part of the building in which a tattoo or body
piercing studio is located.
(b) A person who owns, operates, or maintains a tattoo or
body piercing studio shall comply with the rules adopted under this
section.
Added by Acts 1993, 73rd Leg., ch. 580, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 936, § 10, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 516, § 10, eff. Sept. 1, 1999.
§ 146.011. TOOLS AND EQUIPMENT. (a) A tattooist or
person who performs body piercing shall use tools and equipment for
tattooing or body piercing that have been properly sterilized and
kept in a sterile condition.
(b) A tattooist or person who performs body piercing shall
sterilize tools and equipment used on one client before using them
on another client.
(c) Tools and equipment shall be sterilized by:
(1) the use of a dry heat sterilizer; 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, § 1, eff. Sept. 1, 1993.
Amended by Acts 1999, 76th Leg., ch. 516, § 11, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1528, § 3, eff. Sept. 1, 1999.
§ 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; or
(2) a person who 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) may be
satisfied by the individual's parent or guardian:
(1) being physically present at the tattoo studio at
the time the tattooing is performed;
(2) executing an affidavit stating that the person is
the parent or guardian of the individual on whom the tattooing is to
be performed;
(3) presenting evidence of the person's identity to
the person who will perform the tattooing; and
(4) 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
Added by Acts 1993, 73rd Leg., ch. 580, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 936, § 11, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 1528, § 4, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 1226, § 5, eff. Sept. 1, 2003.
§ 146.0124. BODY PIERCING PROHIBITED FOR CERTAIN
PERSONS. A person may not perform body piercing if the person
suspects that the individual on whom the body piercing is to be
performed is under the influence of alcohol or drugs.
Added by Acts 1999, 76th Leg., ch. 516, § 12, eff. Sept. 1, 1999.
§ 146.0125. BODY PIERCING PROHIBITED WITHOUT PARENTAL
CONSENT; EXCEPTION. (a) A person may not perform body piercing
on an individual younger than 18 years of age without the consent of
a parent, managing conservator, or guardian of the individual.
(b) The consent must indicate the part of the person's body
that may be pierced.
(c) The consent required by Subsections (a) and (b) may be
satisfied by the individual's parent or guardian:
(1) being physically present at the body piercing
studio at the time the body piercing is performed;
(2) 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) presenting evidence of the person's identity to
the person who will perform the body piercing; and
(4) 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.
Added by Acts 1999, 76th Leg., ch. 516, § 12, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1226, § 6, eff. Sept. 1,
2003.
§ 146.0126. TONGUE SPLITTING PROHIBITED. (a) For
purposes of this section, "tongue splitting" means cutting a human
tongue into two or more parts.
(b) A person may not perform tongue splitting.
Added by Acts 2003, 78th Leg., ch. 1226, § 7, eff. Sept. 1, 2003.
§ 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. A person who
performs body piercing shall maintain a permanent record of each
individual whose body is pierced by the person 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, § 1, eff. Sept. 1, 1993.
Amended by Acts 1999, 76th Leg., ch. 516, § 13, eff. Sept. 1,
1999.
§ 146.014. REPORT OF INFECTION. A person who owns,
operates, or maintains a tattoo or body piercing studio shall
report to the department any infection resulting from tattooing or
body piercing as soon as it becomes known.
Added by Acts 1993, 73rd Leg., ch. 580, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 936, § 12, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 516, § 14, eff. Sept. 1, 1999.
§ 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, § 1, eff. Sept. 1, 1993.
§ 146.016. INSPECTIONS. (a) The department shall
inspect a tattoo or body piercing 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 or
body piercing 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 or body piercing 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, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 936, § 13, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 516, § 15, eff. Sept. 1, 1999.
§ 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 that chapter.
Added by Acts 1993, 73rd Leg., ch. 580, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
1, 1995; Acts 1999, 76th Leg., ch. 1528, § 5, eff. Sept. 1, 1999.
§ 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 A misdemeanor.
(c) Each day of violation constitutes a separate offense.
Added by Acts 1993, 73rd Leg., ch. 580, § 1, eff. Jan. 1, 1994.
Amended by Acts 1999, 76th Leg., ch. 1528, § 6, eff. Sept. 1,
1999.
§ 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.
(s) Any duty of the commissioner under this section may be
delegated to employees of the department.
Added by Acts 1993, 73rd Leg., ch. 580, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(51), (55), (59),
eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1528, § 7, eff.
Sept. 1, 1999.
§ 146.020. CIVIL PENALTY; INJUNCTION. (a) If it
appears that a person has violated or is violating this chapter or
an order issued or a rule adopted under this chapter, the
commissioner may request the attorney general or the district
attorney, county attorney, or municipal attorney in the
jurisdiction where the violation is alleged to have occurred, is
occurring, or may occur to institute a civil suit for:
(1) an order enjoining the violation;
(2) a permanent or temporary injunction, a temporary
restraining order, or other appropriate remedy, if the department
shows that the person has engaged in or is engaging in a violation;
(3) the assessment and recovery of a civil penalty; or
(4) both injunctive relief and a civil penalty.
(b) A civil penalty may not exceed $5,000 a day for each
violation. Each day the violation occurs constitutes a separate
violation for the purposes of the assessment of a civil penalty.
(c) In determining the amount of the civil penalty, the
court hearing the matter shall consider:
(1) the person's history of previous violations;
(2) the seriousness of the violation;
(3) the hazard to the health and safety of the public;
(4) the demonstrated good faith of the person charged;
and
(5) any other matter as justice may require.
(d) Venue for a suit brought under this section is in the
county in which the violation occurred or in Travis County.
(e) A civil penalty recovered in a suit instituted by a
local government under this chapter shall be paid to the local
government.
(f) The commissioner or the attorney general may recover
reasonable expenses incurred in obtaining injunctive relief or a
civil penalty under this section, including investigation and court
costs, reasonable attorney's fees, witness fees, and other
expenses. The expenses recovered by the commissioner under this
section may be used for the administration and enforcement of this
chapter. The expenses recovered by the attorney general may be used
by the attorney general for any purpose.
Added by Acts 1999, 76th Leg., ch. 1528, § 8, eff. Sept. 1, 1999.
§ 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.
Added by Acts 2003, 78th Leg., ch. 1226, § 8, eff. Sept. 1, 2003.
§ 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.
Added by Acts 2003, 78th Leg., ch. 1226, § 8, eff. Sept. 1, 2003.
§ 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.
Added by Acts 2003, 78th Leg., ch. 1226, § 8, eff. Sept. 1, 2003.
§ 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.
Added by Acts 2003, 78th Leg., ch. 1226, § 8, eff. Sept. 1, 2003.
§ 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.
Added by Acts 2003, 78th Leg., ch. 1226, § 8, eff. Sept. 1, 2003.
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