Texas, known for its independent spirit and vibrant culture, also has specific regulations governing the tattoo industry. If you’re planning to get a Texas Tattoo or operate a tattoo studio in the Lone Star State, understanding the legal landscape is crucial. This article breaks down the key aspects of Texas tattoo law, ensuring you’re informed and compliant.
Defining Tattoos and Body Piercings in Texas Law
The Texas Health and Safety Code clearly defines what constitutes a tattoo and body piercing under the law. According to Chapter 146, a tattoo is defined as:
“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.”
This definition is comprehensive, covering traditional tattoos and permanent makeup. It’s important to note that Texas law distinguishes tattoos from body piercing, which is defined as:
“the creation of an opening in an individual’s body, other than in an individual’s earlobe, to insert jewelry or another decoration.”
These distinctions are important because the regulations sometimes treat tattoos and body piercings slightly differently, although many rules apply to both.
Licensing and Legal Operation of Tattoo Studios in Texas
Operating a texas tattoo studio legally requires a license from the Texas Department of State Health Services (department). Section 146.002 of the Health and Safety Code states unequivocally:
“(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.”
This means that without a valid license, a tattoo studio cannot legally operate in Texas. The same licensing requirement generally applies to body piercing studios, with some specific exceptions we’ll discuss later. Furthermore, practicing tattooing or body piercing at a temporary location, like an event or celebration, also requires a specific temporary location license.
To obtain a license, applicants must submit a signed application to the department, pay an application fee, and provide evidence of compliance with local zoning codes (Sec. 146.003). The department will issue a license only after confirming that the studio meets all applicable statutes, rules, and zoning regulations. Once issued, this license must be displayed prominently within the tattoo studio (Sec. 146.002(c)).
Exemptions: Who is Excluded from Texas Tattoo Regulations?
While licensing is generally mandatory, Texas law provides some exemptions. Crucially, Chapter 146 does not apply to:
“(1) a medical facility licensed under other law;
(2) an office or clinic of a person licensed by the Texas Medical Board;
(3) a person who performs only ear piercing; or
(4) a facility in which only ear piercing is performed.” (Sec. 146.0025)
This means that medical facilities, doctors’ offices, and businesses solely focused on ear piercing are not subject to these specific tattoo and body piercing studio regulations. This exemption is logical as these entities are typically governed by other health and safety standards.
License Renewal, Refusal, Suspension, and Revocation
A texas tattoo studio license is valid for two years and must be renewed (Sec. 146.004). However, the department has grounds to refuse to issue or renew a license under certain circumstances (Sec. 146.0041). These grounds include:
- Prior violations of Chapter 146.
- Convictions related to tattooing or body piercing.
- Violations involving “moral turpitude.”
- Providing false information on the application.
- Outstanding debts to the state related to fees or penalties.
- Being a minor.
- Lack of a suitable building for the studio.
Furthermore, licenses can be suspended or revoked for reasons outlined in Sec. 146.0042, such as:
- Conviction of violating Chapter 146.
- Violating any provision of Chapter 146 or related rules.
- Making false statements on the application.
- Outstanding debts to the state.
- Misrepresenting tattoo or body piercing jewelry.
- Intoxication on the licensed premises.
These provisions underscore the importance of operating a texas tattoo studio responsibly and in compliance with the law to maintain licensure.
Sanitation and Safety Standards for Texas Tattoo Studios
Texas law places a strong emphasis on sanitation and safety within tattoo and body piercing studios. Section 146.008 mandates specific aseptic techniques to prevent the spread of infection:
- Using germicidal soap for handwashing and skin preparation.
- Wearing clean apparel and rubber gloves.
- Utilizing sterile tools and equipment.
- Maintaining a sanitary studio environment.
Section 146.010 further directs the executive commissioner to establish detailed sanitation requirements. Crucially, Section 146.011 specifies how tools and equipment must be sterilized:
- Using a dry heat sterilizer.
- Steam pressure treatment in an autoclave.
Needles and instruments must be kept in clean, dust-tight containers when not in use. These regulations are in place to protect both tattoo artists and clients from potential health risks associated with tattooing.
Age Restrictions and Consent for Tattoos in Texas
Texas law strictly regulates texas tattoo application to minors. Section 146.012(a) clearly states:
“(a) A tattooist may not tattoo:
(1) except as provided by Subsection (a-1), a person younger than 18 years of age…”
Generally, tattooing a minor under 18 is prohibited. However, Subsection (a-1) provides a narrow exception for covering up existing tattoos that contain offensive, gang-related, or drug-related content, or other markings deemed inappropriate by a parent or guardian, and with parental consent.
Parental consent requires specific procedures outlined in Sec. 146.012(b), including:
- Physical presence of the parent or guardian at the studio.
- A signed affidavit of parentage or guardianship.
- Presentation of identification for the parent/guardian.
- Evidence of parent/guardian status.
It is also illegal for a minor to falsely claim to be 18 or older to get a tattoo, with such actions classified as a Class B misdemeanor (Sec. 146.012(c)). Similarly, body piercing on minors under 18 requires parental consent (Sec. 146.0125).
Record Keeping and Reporting Infections
Maintaining accurate records is another legal requirement for texas tattoo studios. Section 146.013 mandates permanent record-keeping for each person tattooed, as per department rules. These records must be available for inspection by the department.
Furthermore, studios are obligated to report any infections resulting from tattooing or body piercing to the department as soon as they become known (Sec. 146.014). These requirements help with public health monitoring and ensuring studio accountability.
Penalties for Violating Texas Tattoo Laws
Violating Texas tattoo laws can result in both criminal and administrative penalties. Section 146.018 states that a violation of Chapter 146 or related rules is a Class A misdemeanor, and each day of violation constitutes a separate offense.
Administratively, the department can impose penalties up to $5,000 per violation for breaches of rules or orders (Sec. 146.019). Civil penalties, including injunctions and fines up to $5,000 per day per violation, can also be pursued through civil suits (Sec. 146.020). Emergency orders can be issued by the commissioner to address immediate threats to public health related to a studio’s operation (Sec. 146.021).
Conclusion
Navigating texas tattoo laws is essential for both tattoo artists and those seeking to get tattooed. This overview provides a comprehensive look at the key regulations outlined in Chapter 146 of the Texas Health and Safety Code. From licensing and sanitation to age restrictions and penalties, understanding these laws ensures compliance and promotes a safe and responsible tattoo environment in Texas. Whether you’re getting your first texas tattoo or running a thriving studio, staying informed is your best protection.
