1. (a) In this section, "skimmer," "merchant," and "motor fuel dispenser" have the meanings assigned by §607.001 of the Texas Business and Commerce Code.

2. (b) A service technician must inspect for the presence of a skimmer:

   1. (1) during a device performance review; and
   2. (2) each time a motor fuel dispenser is opened to perform device maintenance activities.

3. (c) A service technician must report the finding of a skimmer:

   1. (1) immediately to the merchant, as required by §607.053 of the Texas Business and Commerce Code; and
   2. (2) within 24 hours to the department on a form prescribed by the department.

Source Note:The provisions of this §97.59 adopted to be effective September 1, 2020, 45 TexReg 6082.