HBA-KMH H.B. 2454 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2454
By: Edwards
Criminal Jurisprudence
4/26/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, it is a Class C misdemeanor for a tattooist to tattoo a person
younger than 18 with certain types of tattoos without the consent of the
person's parent or guardian.  H.B. 2454 increases the penalty for a
tattooist who tattoos a person younger than 18 with certain types of
tattoos without the consent of the person's parent or guardian. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 146.012, Health and Safety Code, by adding
Subsection (d), as follows: 

(d) Raises the penalty to a Class B misdemeanor, rather than a Class C
misdemeanor, if a tattooist tattoos 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 to cover a tattoo which contains: 

_obscene or offensive language or symbols; 
_gang-related names, symbols, or markings;
_drug-related names, symbols, or pictures; or
_some other type of words, symbols, or markings that the court considers
would be in the best interest of the minor to cover. 

SECTION 2.  Amends Section 146.018(b), Health and Safety Code, to make a
conforming change. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Emergency clause.