1. (a) Except as permitted in subsection (b) of this section, a client must be a minimum of 18 years of age and have a positive identification card such as a driver's license, passport, or other picture identification in their possession. The tattooist shall verify and document in the permanent client record the client's age, date of birth, and the type of identification provided.

2. (b) A tattooist may not tattoo a person younger than 18 years of age without written and notarized consent from a parent or guardian, who determines it to be in the best interest of the minor child to cover a tattoo which contains:

   1. (1) obscene or offensive language or symbols;
   2. (2) gang-related names, symbols, or markings;
   3. (3) drug-related names, symbols, or pictures; or
   4. (4) some other type of words, symbols or markings that the court considers would be in the best interest of the minor to cover.

3. (c) The written consent shall include:

   1. (1) full name, address, and telephone number of the client;
   2. (2) full name, address, and telephone number of the parent or guardian;
   3. (3) a detailed description or photograph of the tattoo to be covered;
   4. (4) location on the body of the tattoo to be covered; and
   5. (5) signature of minor and parent or guardian.
4. (d) If a parent or guardian of the minor child and the minor child agree to the covering of the tattoo as described in subsection (b) of this section, the tattooist may request the issuance of an order from a justice court.
5. (e) If the parent or guardian and the minor child do not agree to the covering of a tattoo by a tattooist, then an order must be issued by a district court or other court with jurisdiction of a suit affecting the parent-child relationship or a civil proceeding brought under Title 3 or 4 of the Texas Family Code before a tattooist may cover the minor child's tattoo.
6. (f) No person may be tattooed who appears to be under the influence of alcohol or drugs.
7. (g) Tattooing shall not be performed on any skin surface which manifests any evidence of unhealthy conditions such as rashes, boils, infections or abrasions.
8. (h) Before receiving a tattoo, each client shall be informed in writing about the possible risk and dangers associated with the application of each tattoo. These shall include but are not limited to at least the following: the possibility of discomfort or pain, the permanence of the markings, the risk of infection, and the possibility of allergic reaction to the pigments or other materials used.

9. (i) The tattoo studio or temporary location shall maintain proper records of each client. The information shall be permanently recorded and made available for examination by the authorized agent. Records shall be maintained at the tattoo studio for at least two years following the date of the last entry. The temporary location client records shall be maintained by the license holder. These permanent records shall include the following:

   1. (1) the name, address, and telephone number of the client;
   2. (2) the date tattoo was applied;
   3. (3) the client's age, date of birth, and type of positive identification provided to the tattooist;
   4. (4) the specific color or colors of the tattoo applied to the client and when available, the manufacturer's catalogue or identification number of each color used;
   5. (5) the location on the body where the tattoo is applied;
   6. (6) the name of the tattooist;
   7. (7) a statement that the client has received a copy of written care instructions, and that the client has read and understands the care instructions; and
   8. (8) the signature of the client.

Source Note:The provisions of this §229.406 adopted to be effective March 1, 1994, 19 TexReg 1110; amended to be effective August 23, 1996, 21 TexReg 7660; amended to be effective July 12, 1998, 23 TexReg 6957.