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RULE §97.95Detection, Reporting, and Removal of Skimmers

A merchant that has an unattended payment terminal on a motor fuel dispenser at the merchant's place of business shall do the following when the merchant detects a skimmer on one of the merchant's motor fuel dispensers or receives a report of a skimmer on one of the merchant's motor fuel dispensers:

  (1) The merchant shall not touch the skimmer;

  (2) The merchant shall immediately disable both sides of the motor fuel dispenser on which the skimmer was discovered;

  (3) The merchant shall immediately notify a law enforcement agency with jurisdiction to investigate the matter;

  (4) The merchant shall protect the motor fuel dispenser from tampering until law enforcement arrives by taking appropriate steps, including:

    (A) Covering the nozzle;

    (B) Covering the payment terminal on the dispenser;

    (C) Blocking access to dispenser (e.g., by using cones, tape, etc.);

  (5) The merchant shall report the skimmer to the Department within 24 hours;

  (6) The merchant shall run a receipt for the last transaction on the fuel dispenser to timestamp the event;

  (7) The merchant shall cooperate with law enforcement, the Department, and the Center in the investigation of the skimmer, including by providing access to the motor fuel dispenser for removal of the skimmer;

  (8) The merchant shall preserve all video surveillance and access logs related to the compromised motor fuel dispenser and provide a copy to law enforcement, the Department, or the Center upon request. Notwithstanding any other retention period mandated by this chapter, the merchant shall retain all video surveillance and access logs related to the compromised dispenser until a copy has been provided to law enforcement, the Department, or the Center, or until the merchant has been advised by law enforcement, the Department, or the Center that the material may be destroyed; and

  (9) If neither law enforcement nor the Department has arrived or contacted the merchant within 24 hours after the merchant reports the skimmer to the Department, the merchant may:

    (A) While wearing sterile gloves, carefully remove the skimmer;

    (B) Place the 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 and bagging the skimmer;

    (C) Take a picture of the skimmer in the bag; and

    (D) Place the bag in a secured area (e.g., locked file cabinet) for pick-up by law enforcement.

Source Note: The provisions of this §97.95 adopted to be effective April 1, 2021, 46 TexReg 147; transferred effective September 1, 2021, as published in the Texas Register August 20, 2021, 46 TexReg 5255

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