(a) A service technician must inspect for the presence of a skimmer:
  (1) during a device performance review; and
  (2) each time a motor fuel dispenser is opened to perform device maintenance activities.
(b) A service technician or the service company that employs the technician must report the finding of a skimmer:
  (1) immediately to the owner or operator; and
  (2) within 24 hours to the department on a form prescribed by the department.
(c) In order to preserve evidence and the chain of custody, a service technician must not remove a skimmer unless instructed by law enforcement or the department.
(d) 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, the skimmer may be removed in accordance with subsection (e).
(e) 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.
(f) The service technician 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 §97.59 adopted to be effective September 1, 2020, 45 TexReg 6082; amended to be effective November 1, 2021, 46 TexReg 7403; amended to be effective September 1, 2023, 48 TexReg 4655