1. (a) A merchant that has an unattended payment terminal on a motor fuel dispenser at the merchant's place of business shall implement and maintain written policies and procedures for complying with these rules. The written policies and procedures shall include documented and detailed procedures that the merchant will follow to prevent the installation of skimmers on the merchant's payment terminals and steps that the merchant will take if the merchant is notified or otherwise becomes aware that a skimmer is installed or is likely to have been installed on one of the merchant's payment terminals.

2. (b) A merchant that has an unattended payment terminal on a motor fuel dispenser at the merchant's place of business shall conduct training for all of its employees who are involved in any capacity in the merchant's fuel operations to ensure that such employees understand the merchant's procedures for complying with these rules, their responsibilities in executing those procedures, and how to meet those responsibilities. The training shall:

   1. (1) Include background information on skimmers, including information about the harm skimmers can cause to customers and to the business, information about the different types of skimmers and how to identify them, and information about the types of suspicious activity or warning signs that may suggest someone is attempting to install or has installed a skimmer, including:

      1. (A) Vehicles parked at a motor fuel dispenser for a long time or returning to the same dispenser frequently;
      2. (B) Large vehicles blocking the view of dispensers;
      3. (C) Attempts by one customer to distract store personnel while a partner remains at the dispenser;
      4. (D) Technicians purporting to perform unscheduled work on dispensers; and
      5. (E) High levels of invalid card read errors or other problems with dispensers accepting cards;
   2. (2) Include details on the merchant's procedures to prevent the installation of skimmers;
   3. (3) Include details on the merchant's procedures for when a skimmer is detected, whether such skimmer is detected by the merchant or reported to the merchant by a third party; and
   4. (4) Be provided to new employees as part of the merchant's regular training program for new employees. If the merchant does not have a regular training program for new employees, or if the employee was previously employed in a position that did not require training regarding skimmers, the training shall be provided no later than seven days after the employee's first day of employment in a position that is involved in the merchant's fuel operations in any capacity. Merchants shall thereafter provide employees ongoing training sufficient to ensure that employees are aware of any new procedures adopted by the merchant and aware of any new types of skimmers or warning signs for which employees must watch.

Source Note:The provisions of this §56.2 adopted to be effective April 1, 2021, 46 TexReg 147.