1. (a) License fees. All tattoo and body piercing studios shall obtain a license annually except as indicated below from the Texas Department of Health (department) and shall pay an annual, non-refundable license fee for each place of business operated as follows:

   1. (1) $450 per tattoo only studio or temporary location license for a specified length of time not to exceed seven days;
   2. (2) $600 for a tattoo and body piercing studio or temporary location license for a specified length of time not to exceed seven days--the fee to be paid as follows: $450 for the tattoo portion; and $150 for the body piercing portion; and
   3. (3) $200 per body piercing only studio or temporary location license for a specified length of time not to exceed seven days.
2. (b) License forms. License forms may be obtained from the Drugs and Medical Devices Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756-3182.

3. (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. (1) the full or legal name under which the studio or temporary location is conducted;
   2. (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. (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. (4) for each studio or temporary location, the name(s) and residence address(es) of the responsible individual(s) thereof;
   5. (5) the name(s) of the studio's or temporary location's artist(s);
   6. (6) the usual days and hours of operation of each studio or temporary location; and
   7. (7) a description of all services to be provided at the studio or temporary location.

4. (d) Issuance of license. The department may issue a license to the owner of a studio or temporary location after determining that the studio or temporary location is in compliance with applicable statutes, rules, and zoning codes.

   1. (1) The initial studio license shall be valid for one year from the date of issuance which becomes the anniversary date. The temporary location license is valid for a specified period not to exceed seven days.
   2. (2) The renewal studio license shall be valid for one year from the anniversary date.
   3. (3) The license shall be displayed in a prominent place in the studio or temporary location.

5. (e) Renewal of license--applicable to studios only.

   1. (1) Each year, the license holder shall renew its license in accordance with the requirements of this section.
   2. (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. (3) Failure to submit the renewal application annually shall subject the studio to the enforcement provisions of the Tattoo and Certain Body Piercing Studio Act and also to the provision of §229.412 of this title (relating to Refusal, Revocation or Suspension of License and Enforcement Provisions).

      1. (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.

      2. (B) Notification of change of location of studio.

         1. (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.
         2. (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 Drugs and Medical Devices Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756.
         3. (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.

6. (f) Exemption from licensure. Persons who engage only in the following are exempt from the licensing requirements of this section:

   1. (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. (2) a person who performs only ear piercing; or
   3. (3) a facility in which only ear piercing is performed.

Source Note:The provisions of this §229.403 adopted to be effective April 23, 2000, 25 TexReg 3272.