HBA-JRA S.B. 932 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 932 By: Madla Public Health 4/30/1999 Engrossed BACKGROUND AND PURPOSE Current law requires the Texas Department of Health to license and regulate all tattoo studios in Texas in order to protect public health and safety. S.B. 932 further regulates tattoo studios and provides additional penalties. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 146.003(a) and (b), Health and Safety Code, to authorize a person to submit evidence from the appropriate zoning officials in the municipality or county in which the tattoo studio is proposed to be located that confirms that the studio is in compliance with existing zoning codes applicable to the studio. Authorize the Texas Department of Health (TDH) to issue a temporary location license for a tattoo studio after determining that the studio is in compliance with applicable statutes and rules. Deletes text requiring TDH to inspect the studio and request confirmation from building and zoning officials to determine compliance with applicable codes. SECTION 2. Amends Section 146.007, Health and Safety Code, to require certain persons in the tattooing business to comply with Chapter 431 (Texas Food, Drug and Cosmetic Act) and rules adopted under Chapter 431. Authorizes the Texas Board of Health (board), commissioner of health (commissioner), and TDH to enforce Chapter 431 in relation to a drug, cosmetic, or device that is used in tattooing and that is not otherwise subjected to that chapter as if the drug, cosmetic, or device satisfied the definitions assigned those terms under Section 431.002. SECTION 3. Amends Section 146.011(c), Health and Safety Code, to require tools and equipment to be sterilized by the use of a dry heat sterilizer, rather than by heating in an oven at 320 degrees Fahrenheit for at least an hour. SECTION 4. Amends Section 146.017(b), Health and Safety Code, to authorize a person to appeal a final decision of TDH as provided by Chapter 2001 (Administrative Procedure Act), Government Code, rather than the Administrative Procedure and Texas Register Act. SECTION 5. Amends Section 146.018(b), Health and Safety Code, to provide that an offense under this section is a Class A, rather than Class C, misdemeanor. SECTION 6. Amends Section 146.019, Health and Safety Code, by adding Subsection (s), to authorize any duty of the commissioner under this section to be delegated to employees of TDH. SECTION 7. Amends Chapter 146, Health and Safety Code, by adding Section 146.020, as follows: Sec. 146.020. CIVIL PENALTY; INJUNCTION. (a) Authorizes the commissioner to request the attorney general or other authorities in the jurisdiction where the violation is alleged to have occurred, is occurring, or may occur to institute a civil suit for certain action, if it appears that a person has violated, or is violating, this chapter or an order issued or a rule adopted under this chapter. (b) Prohibits a civil penalty from exceeding $5,000 a day for each violation. Provides that each day the violation occurs constitutes a separate violation for the purposes of the assessment of a civil penalty. (c) Requires the court hearing the matter to consider certain items in determining the amount of the civil penalty. (d) Provides that venue for a suit brought under this section is in the county in which the violation occurred or in Travis County. (e) Requires a civil penalty recovered in a suit instituted by a local government under this chapter to be paid to the local government. (f) Authorizes the commissioner or the attorney general to recover expenses incurred in obtaining injunctive relief or a civil penalty under this section, including investigation and court costs, reasonable attorney's fees, and other expenses. Authorizes the expenses recovered by the commissioner to be used for the administration and enforcement of this chapter. Authorizes the expenses recovered by the attorney general for any purpose. SECTION 8. Repealer: (1) Section 146.003(c), Health and Safety Code (regarding temporary location license application). (2) Section 146.009, Health and Safety Code (Building and Location). SECTION 9. Effective date: September 1, 1999. SECTION 10. Makes application of Section 146.018, Health and Safety Code, as added by this Act prospective. SECTION 11. Makes application of Section 146.020, Health and Safety Code, as added by this Act prospective. SECTION 12. Emergency clause.