| (a) A service technician must inspect for the presence
of a skimmer:
(1) during a device performance review; and
(2) each time a motor fuel dispenser is opened to perform
device maintenance activities.
(b) A service technician or the service company that
employs the technician must report the finding of a skimmer:
(1) immediately to the owner or operator; and
(2) within 24 hours to the department on a form prescribed
by the department.
(c) In order to preserve evidence and the chain of
custody, a service technician must not remove a skimmer unless instructed
by law enforcement or the department.
(d) If neither law enforcement nor the department has
arrived to remove a skimmer within 48 hours after the owner or operator
has notified the department as required by §97.29, the skimmer
may be removed in accordance with subsection (e).
(e) When removing a skimmer under this section, an
individual must:
(1) wear sterile gloves while removing the skimmer(s);
(2) place each skimmer in a clear plastic bag, seal
the bag, and label the sealed bag with the date and time the skimmer
was removed and bagged, along with the initials of the person removing
the skimmer; and
(3) transfer the skimmer(s) to local law enforcement
and request the law enforcement case or report number.
(f) The service technician must provide the law enforcement
case or report number to the department in a manner prescribed by
the department following transfer of the skimmer to law enforcement.
|
| Source Note: The provisions of this §97.59 adopted to be effective September 1, 2020, 45 TexReg 6082; amended to be effective November 1, 2021, 46 TexReg 7403; amended to be effective September 1, 2023, 48 TexReg 4655 |
