(a) License fees. All applicants for a tattoo and body piercing studio license or a renewal license shall pay a nonrefundable license fee for each place of business operated. The license fees are as follows:
  (1) $450 per tattoo only studio or temporary location license for a specified length of time not to exceed seven days;
  (2) $600 for a tattoo and body piercing studio or temporary location license for a specified length of time not to exceed seven days, (allocated $450 for the tattoo portion; and $150 for the body piercing portion);
  (3) $200 per body piercing only studio or temporary license for a specified length of time not to exceed seven days;
  (4) $900 for a tattoo only studio for a two-year license;
  (5) $1,200 for a tattoo and body piercing studio, (allocated $900 for the tattoo portion; and $300 for the body piercing portion) for a two-year license; and
  (6) $400 per body piercing only studio for a two-year license.
(b) License forms. License and renewal license forms may be obtained from the department, located at 1100 West 49th Street, Austin, Texas 78756-3182 or via the Internet at http://www.dshs.state.tx.us/license.shtm.
(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) the full or legal name under which the studio or temporary location is conducted;
  (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) 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) for each studio or temporary location, the name(s) and residence address(es) of the responsible individual(s) thereof;
  (5) the name(s) of the studio's or temporary location's artist(s);
  (6) the usual days and hours of operation of each studio or temporary location; and
  (7) a description of all services to be provided at the studio or temporary location.
(d) Issuance and term of license.
  (1) The department may issue a license to the owner of a studio or temporary location who meets all the requirements of these sections, is in compliance with other applicable statutes, rules, and zoning codes, and pays all fees in compliance with this section.
  (2) Unless the license is amended under this section or revoked or suspended under §229.412 of this title, a license or renewal license may be issued for one or two years, as determined by the department. A license for a temporary location will be valid for the specified period of time, not to exceed seven days.
  (3) The license shall be displayed at all times in a prominent place in the studio or temporary location.
(e) Renewal of studio licenses.
  (1) The license holder shall renew a license in accordance with the requirements of this section.
  (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) A license holder that fails to submit the renewal application as prescribed in this section and continues to operate the studio is subject to the enforcement provisions of the Tattoo and Certain Body Piercing Studio Act and §229.413 of this title (relating to Refusal, Revocation, or Suspension of License, Emergency Orders, and Enforcement).
    (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.
    (B) Notification of change of location of studio.
      (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.
      (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 department, 1100 West 49th Street, Austin, Texas 78756.
      (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.
(f) Exemption from licensure. Persons who engage only in the following are exempt from the licensing requirements of this section:
  (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) a person who performs only ear piercing; or
  (3) a facility in which only ear piercing is performed.
(g) Texas Online. Applicants may submit applications and renewal applications for a license under these sections electronically by the Internet through Texas Online at www.texasonline.state.tx.us. The department is authorized to collect fees, in amounts determined by the Texas Online Authority, to recover costs associated with application and renewal application processing through Texas Online.
(h) A current license shall only be issued when all past due fees and late fees are paid.

Source Note: The provisions of this §229.403 adopted to be effective April 23, 2000, 25 TexReg 3272; amended to be effective January 1, 2005, 29 TexReg 11982