By January 1, 2024, an owner or operator is required to take two or more of these measures to protect each device:
  (1) replace each factory installed universal locking mechanism with a locking device that utilizes a unique device-specific or site-specific key code or combination;
  (2) utilize tamper-evident security labels. Tamper-evident security labels must:
    (A) be placed over each panel opening that provides access to an interior portion of the device from which the payment terminal or the device can be accessed;
    (B) have a unique serial number or unique custom label or easily identifiable custom label or graphic; and
    (C) be replaced if damaged, perforated, or peeled;
  (3) install a physical barrier, lock, or other physical securing device that restricts access to the electronic financial transaction compartment of the device;
  (4) install and maintain monitoring devices or sensors on all doors or panels providing access to an interior portion of the device and associated payment terminal components which emit an audible alarm and/or disable the device when unauthorized access is attempted;
  (5) retrofit, upgrade, or replace each device with an enabled EMV-compliant payment terminal that meets the security, interoperability, and functionality specifications issued by EMVCo, LLC; or
  (6) install and maintain a high-resolution video camera system and forecourt lighting. To meet the requirements of this section:
    (A) the video camera system must record the forecourt area at all times, and the system must retain all videos for 30 days or more. Cameras must be positioned to record:
      (i) each device;
      (ii) the license plates of vehicles approaching or departing the immediate area around each device; and
      (iii) any person interacting with each device at a pixel density of at least 50 pixels per foot; and
    (B) lighting must be bright enough to ensure a minimum illumination of 10 lumens per square foot at grade.

Source Note: The provisions of this §97.31 adopted to be effective September 1, 2023, 48 TexReg 4655