Tattooing a minor without parental consent is considered a class B misdemeanor as well which is punishable in the same way. 1, eff. How old do you have to be to get a tattoo in Texas with a parent? (1) A person may not tattoo the body of a minor child younger than 16 years of age unless the tattooing is performed for medical or dental purposes by a person licensed to practice medicine or dentistry under chapter 458, chapter 459, or chapter 466." Sept. 1, 2003. Sec. Most state misdemeanors have a maximum penalty of up to a year in jail, although minor offenses (especially first-time offenses) would likely be eligible for sentencing alternatives that avoid jail time, such as probation or diversion. 1 (S.B. Sept. 1, 1993. 146.011. 516, Sec. (i) The notice of the department'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. The state of Texas requires all tattoo artists to obtain a license before they can start plying their trade. Tattoos are applied using a small electric device that operates similar to a sewing machine. If you are facing criminal charges relating to tattooing, speak to a local criminal defense lawyer. The maximum penalty is: $71,875.00 for a first offence $100,625.00 or 6 months in prison for a second offence $143,750.00 or 18 months in prison for a third or later offence. 146.012. (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. In the vast majority of states, violating tattoo licensing requirements is a misdemeanor offense, though felony . Ann. (b) The record shall be available for inspection on the request of the department. 219), Sec. Added by Acts 1999, 76th Leg., ch. Theres no definite answer since the time needed to get a tattoo license in Texas can vary depending on the county youre applying in. Applicants must exercise in texas licenses in your license is a penalty is an owner registered that without acourt may not applicable state laws to. Intradermal cosmetic studios (sometimes referred to as permanent makeup studios) are becoming more and more common in Texas. Acts 2015, 84th Leg., R.S., Ch. ASEPTIC TECHNIQUES. This also includes studios that perform implants. 865 (S.B. [TRELA 1101.756] TREC can also pursue administrative penalties not to exceed $5,000 for each violation. TATTOOS PROHIBITED FOR CERTAIN PERSONS. (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. 146.001. 1 (S.B. (b) Within the 30-day period, a person who acts under Subsection (a)(3) may: (1) stay enforcement of the penalty by: (A) paying the penalty to the court for placement in an escrow account; or You can face fines of up to $200 if it's your first infraction, and more, if you are a repeat offender. Added by Acts 1993, 73rd Leg., ch. The size of the fine depends on the kind of activity you engaged in and the laws of your state. Amended by Acts 1995, 74th Leg., ch. Research & Policy. 146.020. 1528, Sec. Provide feedback on your experience with DSHS facilities, staff, communication, and services. Thus, the majority of the license request is standard: your or your company's name, address, business hours, and website address. Many states require that individual tattoo artists be licensed, as well as tattoo business establishments. 580, Sec. 5, eff. Added by Acts 1993, 73rd Leg., ch. Body Art. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Amended by Acts 1999, 76th Leg., ch. (c) Notice under this section must be sent to the department's central office by certified mail, return receipt requested. (B) giving a copy of the affidavit to the department by certified mail. 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. 219), Sec. (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 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 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. The tattooist maintains records for each person receiving a tattoo or body piercing. 580, Sec. Sept. 1, 1999. (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. (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. 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 department rule. Class C - $25-$500. (c) Each day of violation constitutes a separate offense. The artist is required to provide the customer with oral and written instructions on how to care for a newly applied tattoo. 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. CHANGE OF LOCATION. (4) both injunctive relief and a civil penalty. Tattoos and body art that are offensive, even if DFPS has permanent managing conservatorship. April 2, 2015. 936, Sec. 580, Sec. Sept. 1, 1999. The best way to make an electronic signature for a PDF in Chrome tattoo licenseit possible to keep all the tools you need a click away. ADMINISTRATIVE PENALTY. 936, Sec. We and our partners use cookies to Store and/or access information on a device. Some people love the state for its great climate and others for its friendly and down-to-earth residents. 580, Sec. Some states allow for both monetary fines and possible jail or prison time, while others do not. (c) The license must be displayed in a prominent place in the tattoo or body piercing studio or temporary location. (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. 146.0126. In states that require or allow for tattoo artist apprenticeships, in accordance with the provisions of this chapter. The fine should be about $200.00 but what troubles me is they wish to obtain her . Sept. 1, 1995; Acts 1999, 76th Leg., ch. Added by Acts 1993, 73rd Leg., ch. The license fees are as follows: (1) $450 per tattoo only studio or temporary location license for a specified length of time not to exceed seven days; (2) $600 for a tattoo and body piercing studio or temporary location license for a specified length of time not to exceed seven days, (allocated $450 for the tattoo April 2, 2015. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 146.014. Added by Acts 1993, 73rd Leg., ch. d/b/a Deadly Ink Tattoo & Piercing, 25 TAC 229.406(c), 25 TAC 229.404(c), 25 TAC 229.404(f), 25 TAC 229.407(a) and 25 TAC 229.407(f), Alejandro Cantu, d/b/a Seven Souls Tattoo Studio, 25 TAC 229.406(j) and 25 TAC 229.404(f), HSC 146.002 and 25 TAC 229.401(c), 25 TAC 229.406(c) and 25 TAC 229.404(a). An offense under this subsection is a Class B misdemeanor. (2) steam pressure treatment in an autoclave. An offense under this subsection is a Class B misdemeanor. There are now more than a thousand professional tattoo shops operating in Texas, and that number is only growing. The artist pierces the skin with a needle. 2005 Texas Health & Safety Code CHAPTER 146. TOOLS AND EQUIPMENT. 10, eff. 1528, Sec. 3, eff. (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: (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. (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. (b) Practice tattooing in this state without a tattoo artist license or guest tattoo artist registration, except as provided in s. 381.00773. 219), Sec. Table of contents. Sept. 1, 1999; Acts 2003, 78th Leg., ch. A temporary tattooing or body piercing location license is valid for a specified period not to exceed seven days. . By clicking Accept, you consent to the use of ALL the cookies. Sept. 1, 1993. The attorney listings on this site are paid attorney advertising. Based on the findings of fact, conclusions of law, and proposal for a decision, the department by order may find that a violation has occurred and impose a penalty or may find that no violation occurred. The minor brings a notarized consent to the studio that contains the name, address and phone number of the minor and parent, managing conservator or guardian; the location of the body that may be pierced; and signatures of the minor and the parent, managing conservator or guardian. That is because eighteen is the minimum age requirement to start the process of obtaining a tattoo license in the state. 1 (S.B. There are certain situations when you shouldnt get a tattoo, such as when youre pregnant, have diabetes, are taking blood thinners, or have a skin condition. While it doesn't make sense to have states regulate tattoos and tattooing, there are real dangers that come with this industry being unregulated. 1, Sec. (b) The penalty for a violation may be in an amount not to exceed $5,000. Side Note: intoxicated, impaired individuals cannot be tattooed, branded, or pierced Law Penalty: violations of Texas tattoo & body piercing laws are a class B misdemeanor, punishable by a fine of up to $5000 If you don't comply with the requirements expected of your business, it could lead to several consequences, including the following: Penalties, liens, and interest for non-compliance. You will have to pay the license fees as well; for example, in New York City, you will pay $100 for a two-year tattoo license, and half of the amount if you're applying for a temporary tattoo license (for a seven consecutive day period in which the license is applied for). Sept. 1, 1999; Acts 2003, 78th Leg., ch. Sept. 1, 1993. Depending on your state laws or local regulations, tattooing a minor or tattooing without appropriate licensing, registration, or supervision can lead to criminal charges, on top of professional repercussions. Provide feedback on your experience with DSHS facilities, staff, communication, and services. Manage Settings Chapter 146 is the Tattoo and Certain Body Piercing Studio Act. 1, eff. If you have no experience as a tattoo artist, youll need to take the online course as well as a two-day hands-on tattoo removal training which costs a total of $1,995. These actions are taken to protect and promote the health, safety and welfare of the citizens of Texas. 6, eff. 25 TAC 229.407(i) and 25 TAC 229.409(m), 25 TAC 229.406(j), 25 TAC 229.407(a), 25 TAC 229.407(d) and 25 TAC 229.407(f), Myra T. Barrera Pass a blood-borne pathogen course and mail a copy of the certificate Fill out New Tattoo Artist License and pay $75 fee. The expenses recovered by the attorney general may be used by the attorney general for any purpose. (6) any other matter that justice may require. First Time Offense. (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. (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 department 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. (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. In the last decade or so, The Lone Star State has also become a hotspot for tattoo enthusiasts from all over the country. 3.0443, eff. d/b/a House of Tattoos, 25 TAC 229.404(c), 25 TAC 229.406(j), 25 TAC 229.407(d)&(h), 25 TAC 229.407(f) and 25 TAC 229.408(a)&(c), Coven Crafted Ink LLC NCSL actively tracks more than 1,400 issue areas. Pay the $927 fee (Checks and money orders made out to Texas Department of State Health Services, Food & Drug Licensing). 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. This includes studios that perform traditional tattooing, permanent cosmetics and scarification. Acts 2021, 87th Leg., R.S., Ch. 936, Sec. Amended by Acts 1995, 74th Leg., ch. 3.1639(52), eff. 6, eff. Sept. 1, 1993. (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. Amended by Acts 1999, 76th Leg., ch. While some states impose only minor penalties for someone who tattoos without a license, the penalties in other states and in some circumstances can be more severe. You also have the option to opt-out of these cookies. September 1, 2021. It should list your shop's address and that you are allowed to perform tattoos at your location according to local safety and health codes. Permanent Makeup And Tattoos Are: Regulated by the state government. April 2, 2015. Added by Acts 1993, 73rd Leg., ch. The artist prohibits the tattooing or body piercing of people under the influence of drugs or alcohol. Sept. 1, 2003. All tattoo artists in Texas must complete a Bloodborne Pathogen Training Course before they can receive their license. d/b/a Nite Owl Tattoo Studio, 25 TAC 229.401(c), and 25 TAC 229.403(e)(1), 25 TAC 229.407(d)&(h), 25 TAC 229.407(h) and 25 TAC 229.407(f), Mohammed Ali Kherani Some studios use traditional tattoo equipment, while others use devices that work on the same principle, but are smaller and look like pens. Once the tattoo is completed, the tattooist usually applies an antibiotic cream or ointment and covers the area with a sterile bandage. (l) The department on receipt of a copy of an affidavit under Subsection (k)(2) may file, with the court within five days after the date the copy is received, a contest to the affidavit. In Florida, for example, tattooing when unlicensed and owning a tattoo gun without a license is a second-degree misdemeanor that attracts a jail sentence of 60 days. Yes, an 18-year-old is legally permitted to get a tattoo in Texas. 146.012; 146.124; 146.125: Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1 (S.B. The artist is required to provide the customer with verbal and written instructions on caring for their new body piercing. (2) "Body piercing studio" means a facility in which body piercing is performed. 1, eff. Added by Acts 1993, 73rd Leg., ch. In some jurisdictions, operating a business without a license can be considered fraud, so the parties responsible might be arrested. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Generally the components of the pen-type machine come pre-sterilized from the manufacturer and are disposable (one-time use) items. As of now, all states in the US allow tattoos, with most placing certain regulations on the industry. Sec. The artist prohibits the tattooing or body piercing of minors (unless above mentioned conditions are met). Sanitation is extremely important in the tattoo industry, and studios are required to follow very strict rules when it comes to keeping their facilities clean. 1 (S.B. Criminal penalty violations are Class A Misdemeanors. A person may appeal a final decision of the department as provided by that chapter. (4) keeping the tattoo or body piercing studio or temporary location in a sanitary condition. Denos su opinin sobre sus experiencias con las instalaciones, el personal, la comunicacin y los servicios del DSHS. 516, Sec. (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 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 adopted under this chapter; (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. 3, eff. Sec. The implant is inserted under the skin and the opening is held closed to heal. (4) a facility in which only ear piercing is performed. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Penalties. Amended by Acts 1995, 74th Leg., ch. 6, eff. We require any business in the practice of producing an indelible mark or figure on the human body by scarring or inserting pigments under the skin using needles, scalpels or other related equipment to license with the Department of State Health Services. Por favor, responda a esta breve encuesta. Amended by Acts 1995, 74th Leg., ch. Sec. Anyone who tattoos a minor in violation of these laws faces criminal penalties. (2) the person has obtained consent from the person's parent or guardian to cover the tattoo. Also ear piercings can be performed on a minor as an exception without a parental consent. 580, Sec. An artist may not tattoo a person younger than 18 without meeting the requirements of 25 Texas Administrative Code, 229.406(c), whose parent or guardian determines it to be in the best interest of the minor child to cover an existing tattoo. Sept. 1, 2003. (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. Paid attorney advertising inserted under the influence of drugs or alcohol information on a minor as an exception without parental! May appeal a final decision of the department by certified mail of drugs or.! 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