Current through Reg. 49, No. 38; September 20, 2024
(a) License fees. All applicants for a tattoo
and body piercing studio license or a renewal license shall pay a nonrefundable
license fee for each place of business operated. 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 portion; and $150
for the body piercing portion);
(3)
$200 per body piercing only studio or temporary license for a specified length
of time not to exceed seven days;
(4) $900 for a tattoo only studio for a
two-year license;
(5) $1,200 for a
tattoo and body piercing studio, (allocated $900 for the tattoo portion; and
$300 for the body piercing portion) for a two-year license; and
(6) $400 per body piercing only studio for a
two-year license.
(b)
License forms. License and renewal license forms may be obtained from the
department, located at 1100 West 49th Street, Austin, Texas 78756-3182 or via
the Internet at http://www.dshs.state.tx.us/license.shtm.
(c) License application. An application shall
be submitted for each tattoo studio and a separate application shall be
submitted for each body piercing studio. The initial license application for
each studio or temporary location shall be signed and verified, shall be made
on the license application furnished by the department, and shall contain the
following information:
(1) the full or legal
name under which the studio or temporary location is conducted;
(2) the address of the studio or temporary
location that is to be licensed. Sufficient descriptive information must be
included if the studio or temporary location is located in a portion of the
building with other license holders;
(3) if a proprietorship, the name and
residence address of the proprietor; if a partnership, the names and residence
addresses of all partners; if a corporation, the date and place of
incorporation and name and address of its registered agent in the state; or if
any other type of association, then the names of the principals of such
association;
(4) for each studio or
temporary location, the name(s) and residence address(es) of the responsible
individual(s) thereof;
(5) the
name(s) of the studio's or temporary location's artist(s);
(6) the usual days and hours of operation of
each studio or temporary location; and
(7) a description of all services to be
provided at the studio or temporary location.
(d) Issuance and term of license.
(1) The department may issue a license to the
owner of a studio or temporary location who meets all the requirements of these
sections, is in compliance with other applicable statutes, rules, and zoning
codes, and pays all fees in compliance with this section.
(2) Unless the license is amended under this
section or revoked or suspended under §
229.412
of this title, a license or renewal license may be issued for one or two years,
as determined by the department. A license for a temporary location will be
valid for the specified period of time, not to exceed seven days.
(3) The license shall be displayed at all
times in a prominent place in the studio or temporary location.
(e) Renewal of studio licenses.
(1) The license holder shall renew a license
in accordance with the requirements of this section.
(2) The license holder shall renew the
license by filing an application for renewal on the form prescribed by the
department accompanied by the required licensure fee. A licensee must file for
renewal before the expiration date of the current license. A person who files a
renewal application after the expiration date must pay an additional $100 as a
delinquency fee.
(3) A license
holder that fails to submit the renewal application as prescribed in this
section and continues to operate the studio is subject to the enforcement
provisions of the Tattoo and Certain Body Piercing Studio Act and §
229.413 of this
title (relating to Refusal, Revocation, or Suspension of License, Emergency
Orders, and Enforcement).
(A) Amendment of
license. A license must be amended when the name, ownership, or location of the
licensed studio is changed. Such changes require submission of the fees as
outlined in subsection (a) of this section.
(B) Notification of change of location of
studio.
(i) Not fewer than 30 days in advance
of the change, the licensee shall notify the commissioner or the commissioner's
designee in writing of the licensee's intent to change the location of a
licensed studio. The notice shall include the address of the new location, and
the name and residence address of the individual in charge of the studio at the
new location.
(ii) Notice will be
deemed adequate if the licensee provides the intent and verification notices to
the commissioner or the commissioner's designee within the established time
frames of clause (i) of this subparagraph by certified mail, return receipt
requested, mailed to the department, 1100 West 49th Street, Austin, Texas
78756.
(iii) Not later than the
tenth day after the change of location is complete, the license holder shall
notify the department in writing and shall verify the information submitted
under clause (i) of this subparagraph.
(f) Exemption from licensure.
Persons who engage only in the following are exempt from the licensing
requirements of this section:
(1) a studio or
temporary location located within a medical facility which is licensed under
other law, or an office or clinic of a person licensed by the Texas State Board
of Medical Examiners;
(2) a person
who performs only ear piercing; or
(3) a facility in which only ear piercing is
performed.
(g) Texas
Online. Applicants may submit applications and renewal applications for a
license under these sections electronically by the Internet through Texas
Online at www.texasonline.state.tx.us. The department is authorized to collect
fees, in amounts determined by the Texas Online Authority, to recover costs
associated with application and renewal application processing through Texas
Online.
(h) A current license shall
only be issued when all past due fees and late fees are paid.
