(a) In order to preserve evidence and the chain of custody, an owner or operator, retail facility employee, or unlicensed service technician is prohibited from removing a skimmer unless instructed to do so by law enforcement or the department.
(b) If neither law enforcement nor the department has arrived to remove a skimmer within 48 hours after the owner or operator has notified the department as required by §97.29(a)(2), the skimmer may be removed in accordance with subsection (c).
(c) When removing a skimmer under this section, an individual must:
  (1) wear sterile gloves while removing the skimmer(s);
  (2) place each skimmer in a clear plastic bag, seal the bag, and label the sealed bag with the date and time the skimmer was removed and bagged, along with the initials of the person removing the skimmer; and
  (3) transfer the skimmer(s) to local law enforcement and request the law enforcement case or report number.
(d) The owner or operator must provide the law enforcement case or report number to the department in a manner prescribed by the department following transfer of the skimmer to law enforcement.

Source Note: The provisions of this §97.30 adopted to be effective September 1, 2023, 48 TexReg 4655