Sec. 146.012. TATTOOS PROHIBITED FOR CERTAIN PERSONS. (a) A tattooist may not tattoo:
(1) except as provided by Subsection (a-1), a person younger than 18 years of age; or
(2) a person who the tattooist suspects is under the influence of alcohol or drugs.
(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
(2) the person has obtained consent from the person's parent or guardian to cover the tattoo.
(b) The consent required by Subsection (a-1) may be satisfied by the individual's parent or guardian:
(1) being physically present at the tattoo studio at the time the tattooing is performed;
(2) executing an affidavit stating that the person is the parent or guardian of the individual on whom the tattooing is to be performed;
(3) presenting evidence of the person's identity to the person who will perform the tattooing; and
(4) presenting evidence of the person's status as parent or guardian of the individual who will receive the tattoo.
(c) A person younger than 18 years of age commits an offense if the person falsely states that the person is 18 years of age or older or presents any document that indicates that the person is 18 years of age or older to a person engaged in the operation of a tattoo studio. An offense under this subsection is a Class B misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 580, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 936, Sec. 11, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1528, Sec. 4, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1226, Sec. 5, eff. Sept. 1, 2003.
Structure Texas Statutes
Subtitle G - Licenses and Other Regulation
Chapter 146 - Tattoo and Certain Body Piercing Studios
Section 146.002. License Required
Section 146.0025. Exemptions From Licensing Requirements; Ear Piercing Establishments Exempt
Section 146.003. License Application
Section 146.004. License Term; Renewal
Section 146.0041. General Grounds for Refusal
Section 146.0042. Revocation or Suspension of License
Section 146.006. Change of Location
Section 146.007. Compliance With Chapter and Rules
Section 146.008. Aseptic Techniques
Section 146.010. Sanitation Requirements
Section 146.011. Tools and Equipment
Section 146.012. Tattoos Prohibited for Certain Persons
Section 146.0124. Body Piercing Prohibited for Certain Persons
Section 146.0125. Body Piercing Prohibited Without Parental Consent; Exception
Section 146.0126. Tongue Splitting Prohibited
Section 146.013. Maintenance of Records
Section 146.014. Report of Infection
Section 146.015. Rules; Enforcement
Section 146.017. License Denial, Suspension, or Revocation
Section 146.018. Offense; Criminal Penalty
Section 146.019. Administrative Penalty