1. (a) Unless instructed to do so by law enforcement or the Center, a merchant may not remove a skimmer from an electronic terminal except as authorized by subsection (b).

2. (b) A merchant may remove a skimmer from an electronic terminal if:

   1. (1) The merchant has complied with the requirements of §63.3(a);
   2. (2) More than 24 hours have passed since the merchant notified the Center of the skimmer pursuant to §63.3(a)(3);
   3. (3) Neither law enforcement nor the Center has visited the location to remove the skimmer; and
   4. (4) The merchant follows the removal and transfer procedures outlined in subsection (c).

3. (c) If removing a skimmer pursuant to subsection (b), a merchant must:

   1. (1) Take photographs or a video recording showing the device situated in the electronic terminal, and of the removal process;
   2. (2) Wear sterile gloves while removing the skimmer;
   3. (3) Place and seal the skimmer in a clear container or bag labeled with the date and time of removal, the full name of the individual removing the skimmer, and the law enforcement case or report number;
   4. (4) Deliver the skimmer to law enforcement; and
   5. (5) Report removal of the skimmer to the Center using the secure portal on its website, https://fcic.texas.gov.

Source Note:The provisions of this §63.4 adopted to be effective March 15, 2026, 51 TexReg 1380.