Criminal penalty violations are Class A misdemeanors. Yes, an 18-year-old is legally permitted to get a tattoo in Texas. Visit the TABC Violations page for more information about penalty rules, policies, calculations and processes. 13, eff. The practice of tattooing has become quite popular in recent decades. 8, eff. (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. Effective January 1, 2013 any person operating an unlicensed tattoo establishment will be subject to administrative penalties. The fact that Texas regulates the tattoo (body art) industry isnt anything that should shock you after all, with the exception of the likes of Maryland, Massachusetts, and Nevada, all states in the US do. CIVIL PENALTY; INJUNCTION. Read More (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). 580, Sec. (b) The 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. Sec. 146.020. 516, Sec. 5, eff. (b) A tattoo studio or body piercing studio license may be renewed on payment of the required renewal fee. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 580, Sec. 1, eff. We hope that this article has helped clear some things up for you, but in case you still have questions related to Texas tattoo laws, here are the answers to some of the most commonly asked ones. (c) Each day of violation constitutes a separate offense. (3) without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both. Pay Ticket(Plead Guilty or No Contest) Pay the fine. (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: (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. 5, eff. This website shouldn't serve as legal adviceor be considered the law. 146.012. (p) When the judgment of the court becomes final, the court shall proceed under this subsection. A Prohibited Act in Texas prohibits businesses from operating without a license, and it carries a fine of up to $25,000 per day, per violation, or referral to the Attorney General for injunctive relief to prohibit such businesses from operating. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); Disclaimer: The information published on TattooRules.com is for informational purposes only. Statutory penalty on past due taxes are calculated as follows: If you are paying the tax 1-30 days late, add a 5% penalty. (2) Failure to renew a license by its expiration date subjects the holder to a penalty fee and payment of each year's renewal fee, at the current rate. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 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. Texas tattoo laws are pretty standard, but there are still certain regulations in place that artists and customers need to follow. 1226, Sec. The list of reasons for which people love and appreciate Texas is quite diversified. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. The attorney listings on this site are paid attorney advertising. 12, eff. 146.001. (b) The refusal to issue a license, the suspension or revocation of a license, and any appeals are governed by the department's formal hearing procedures and the procedures for a contested case hearing under Chapter 2001, Government Code. . (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. (B) giving a copy of the affidavit to the department by certified mail. (j) Within 30 days after the date the department's order is final as provided by Subchapter F, Chapter 2001, Government Code, the person shall: (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. Incur points on your driving record (could lead to license suspension/revocation) Possibly incur increase on auto insurance rates. In Texas, however, there are a few other things you need to take into consideration before getting inked. Penalty Chart Penalty charts have been moved to the TABC Violations page. 3.0448, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (a) Operate a tattoo establishment or temporary establishment in this state without a license. (h) If the person requests a hearing or fails to respond timely to the notice, the department shall refer the case to the State Office of Administrative Hearings and an administrative law judge of that office shall hold the hearing. Sept. 1, 1993. Texas Administrative Code (TAC), Title 25. 1, 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 Sept. 1, 1995; Acts 1999, 76th Leg., ch. 580, Sec. Sept. 1, 1993. 580, Sec. 1528, Sec. If it's your third conviction for the same offense, you could be fined up to $500 and spend 6 months in jail. 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. 11, eff. 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. (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. Alaska. 580, Sec. 4, eff. FEES. 219), Sec. April 2, 2015. Follows proper handling and disposal of waste. 1, eff. 146.007. Sept. 1, 1993. April 2, 2015. Amended by Acts 1995, 74th Leg., ch. 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 The tattooist maintains records for each person receiving a tattoo or body piercing. Tattoos and body art that are offensive, even if DFPS has permanent managing conservatorship. 146.008. Licensure of a tattoo establishment requires submission of the following items: Completed * Application for Tattoo Establishment License ($200) COMPLIANCE WITH CHAPTER AND RULES. d/b/a Laura Beauty Salon & Permanent Makeup, 25 TAC 229.407(d), 25 TAC 229.407(h), 25 TAC 229.407(f) and 25 TAC 229.407(g), Jeremy Anderson This cookie is set by GDPR Cookie Consent plugin. 6, eff. Sec. Provide feedback on your experience with DSHS facilities, staff, communication, and services. Can you get a tattoo at 14 with parental consent in Texas? The cookie is used to store the user consent for the cookies in the category "Analytics". Criminal penalties. (2) that other procedures available to the department to remedy or prevent the threat will result in an unreasonable delay. April 2, 2015. The most important thing is to make sure that the studio youre getting your tattoo at is licensed and clean, and that the artist is experienced and talented. Sept. 1, 1999; Acts 2003, 78th Leg., ch. This cookie is set by GDPR Cookie Consent plugin. (4) both injunctive relief and a civil penalty. Amended by Acts 2003, 78th Leg., ch. 516, Sec. On March 1, 2021, TABC adopted a new methodology for calculating penalty amounts, including a new rule . These cookies ensure basic functionalities and security features of the website, anonymously. The notice may be given by certified mail. 936, Sec. 3.1639(52), eff. 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. 516, Sec. 580, Sec. Provide feedback on your experience with DSHS facilities, staff, communication, and services. State laws can be strict in this area. 1528, Sec. NCSL conducts policy research in areas ranging from agriculture and budget and tax issues to education and health care to immigration and transportation. 219), Sec. 936, Sec. (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) A tattooist shall maintain a permanent record of each person tattooed by the tattooist for a period established by department rule. Common fines for misdemeanor offenses range from about $500 to $1,000 or more. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Some require a parent or guardian to be present with their child, and the parent must present photo identification. Sept. 1, 1999; Acts 1999, 76th Leg., ch. Different kinds of actions may be taken depending on the severity of the offense, the history of previous violations, efforts made to correct the violation, the harm to the victims, the likelihood of a repeat violation, and other matters related to each particular case. (r) All proceedings under this section are subject to Chapter 2001, Government Code. Center for Health Emergency Preparedness & Response, Texas Comprehensive Cancer Control Program, Cancer Resources for Health Professionals, Resources for Cancer Patients, Caregivers and Families, Food Manufacturers, Wholesalers, and Warehouses, Emergency Medical Services (EMS) Licensure, National Electronic Disease Surveillance System (NEDSS), Health Care Information Collection (THCIC), Salvage Brokers & Establishments - Texas Dept of State Health Services, Contact Information - Tattoo and Body Piercing Studios, Licensing Requirements - Tattoo and Body Piercing Studios, Guidance Documents - Tattoo and Body Piercing Studios, Licensing - Tattoo and Body Piercing Studios, Applications and Forms - Tattoo and Body Piercing Studios, Laws and Rules - Tattoo and Body Piercing Studios, Open Records - Tattoo and Body Piercing Studios, Frequently Asked Questions about Getting a Tattoo or Body Piercing, How to File a Complaint - Tattoo and Body Piercing Studios. 1, eff. by the Department, Diane Castillo Please take this short survey. As of now, there are no rules governing the allowed placement of tattoos on minors in Texas, which means that parents and guardians have complete freedom of choice when it comes to this aspect. (b) The penalty for a violation may be in an amount not to exceed $5,000. d/b/a Kustom Ink Tattoo Studio, 25 TAC 229.407(d)&(h), 25 TAC 229.407(f), 25 TAC 229.401(c), Jesus Cruz Sept. 1, 2003. (b) Practice tattooing in this state without a tattoo artist license or guest tattoo artist registration, except as provided in s. 381.00773. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. 1 (S.B. Acts 2015, 84th Leg., R.S., Ch. A temporary tattooing or body piercing location license is valid for a specified period not to exceed seven days. (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. Texas State Regulation: Chapter 146 establishes the minimum safety and licensing guidelines for tattoo artists within the state. Added by Acts 2003, 78th Leg., ch. 970), Sec. The needle bar moves up and down through a tube or barrel, which serves two purposes to keep the needle bar from moving side to side and as a handle for the tattooist to grip. Is it illegal to tattoo. A driver's license in the United States (in any state) is a privilege and not a right. Tattooing a minor without parental consent is considered a class B misdemeanor as well which is punishable in the same way. For starters, anyone under the age of 18 must have parental consent before they can get a tattoo. 4, eff. 580, Sec. or tattooing without a license: N.H. Rev. 1 (S.B. 146.0126. Consult with your doctor beforehand to make sure its safe for you to get a tattoo. 936, Sec. 146.021. States have adopted a range of laws governing this profession because of the inherent risks to personal and public health involved, including criminal penalties. In some states, violations of tattoo laws are a misdemeanor, punishable by a fine or prison sentence. It shall be unlawful for any person to practice body piercing, branding, or tattooing without a license. 516, Sec. The same can be said about studios they also need to be licensed by the state. Each day a violation continues can . The Drugs and Medical Devices Group is responsible for conducting on-site inspections of tattoo and body piercing studios. 936, Sec. 516, Sec. (2) "Body piercing studio" means a facility in which body piercing is performed. Inability to Bid on Opportunities. Can an 18-year-old get a tattoo in Texas? 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. Por favor, responda a esta breve encuesta. Answer: Practicing real estate without an active license is a criminal offense, specifically, a Class A misdemeanor punishable by confinement of up to one year in a county jail and a fine of up to $4,000. (c) If the license 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. Preferences and repeat visits, the court becomes final, the court proceed! Is performed experience with DSHS facilities, staff, communication, and the parent present. 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