| (a) A merchant that has an unattended payment terminal
on a motor fuel dispenser at the merchant's place of business, and
whose place of business meets the definition of a high-risk place
of business in accordance with subsection (b) of this section, shall
implement the following additional practices to prevent the installation
of a skimmer on dispensers at that place of business:
(1) As soon as practical, but not later than 90 days
after the date on which the merchant's place of business meets the
definition of a high-risk place of business, the merchant shall install
and thereafter maintain high resolution video cameras at the place
of business, positioned to record the license plate of each vehicle
that approaches or leaves the merchant's motor fuel dispensers, and
to record persons dispensing gas at the dispensers. Video cameras
shall be placed so that images of vehicle license plates and of persons
dispensing gas at the dispenser are captured at a minimum resolution
of 60 pixels per foot. All video footage shall be retained for at
least 31 days after the date on which the footage was recorded; and
(2) As soon as practical, but not later than 90 days
after the date on which the merchant's place of business meets the
definition of a high-risk place of business, the merchant shall install
and thereafter maintain proper lighting on the station forecourt at
the place of business. Areas around each dispenser island and under
all canopies shall be illuminated so that the minimum horizontal
illuminance at grade level is 10 footcandles.
(b) A merchant's place of business is defined as a
high-risk place of business if it meets the following criteria:
(1) A merchant's place of business containing one to
ten motor fuel dispensers shall be considered a high-risk place of
business if it has suffered a skimmer breach on more than four separate
occasions in the previous 24 months at that place of business;
(2) A merchant's place of business containing eleven
to twenty motor fuel dispensers shall be considered a high-risk place
of business if it has suffered a skimmer breach on more than seven
separate occasions in the previous 24 months at that place of business;
or
(3) A merchant's place of business containing more
than twenty motor fuel dispensers shall be considered a high-risk
place of business if it has suffered a skimmer breach on more than
eleven separate occasions in the previous 24 months at that place
of business.
|
| Source Note: The provisions of this §97.94 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 |
