Texas Health and Safety Code 146.012 – Tattoos Prohibited for Certain Persons
Current as of: 2024 | Check for updates
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(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.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Health and Safety Code 146.012
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(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.