In addition to the definitions set out in Texas Business and Commerce Code, Chapter 607, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
- (1) "Electronic Monitoring Device" means an alarm system that is installed on a motor fuel dispenser to monitor panels and doors to prevent unauthorized entry.
- (2) "EMV compliant" means that each payment terminal on the motor fuel dispenser utilizes secure EMV technology that meets the security, interoperability, and functionality specifications issued by EMVCo, LLC, and processes EMV transactions end-to-end in compliance with EMVCo, LLC and payment brand standards.
- (3) "Forecourt" means the outside area of a merchant's place of business where the merchant's motor fuel dispensers are present.
- (4) "Insert skimmer" means a type of skimmer that is hidden in the card acceptance slot of a payment terminal.
- (5) "Overlay skimmer" means a type of skimmer designed to be placed over the top of the card acceptance slot and/or the PIN pad of a payment terminal.
- (6) "Place of business" means the location at which a merchant sells motor fuel to retail customers. For purposes of this rule, each separate physical address at which a merchant sells motor fuel to retail customers is a separate place of business.
- (7) "Shimmer" means a type of skimmer that targets chip-based payment cards.
- (8) "Skimmer breach" means the installation of a skimmer on the interior or exterior of a motor fuel dispenser with an unattended payment terminal. An incident is not considered a skimmer breach if, at the time the skimmer was installed, the dispenser and payment terminal were disabled and neither the dispenser nor the payment terminal were operational at any point in time while the skimmer was installed on the dispenser.
- (9) "Tamper-evident security label" means a label or tape that, once applied to a surface, cannot be removed without self-destructing or otherwise leaving a clear indication (e.g., VOID marking) that the label or tape has been removed.
Source Note:The provisions of this §56.1 adopted to be effective April 1, 2021, 46 TexReg 147.