(a) If a service technician discovers a skimmer in or on a motor fuel unattended payment terminal or motor fuel metering device, the service technician or service company that employs the technician shall notify the department and the merchant of the skimmer in the manner prescribed by commission rule.
(b) If a merchant discovers a skimmer in or on a motor fuel unattended payment terminal or motor fuel metering device or is notified of the presence of a skimmer, the merchant shall, in the manner prescribed by commission rule:
(1) disable, or cause to be disabled, the motor fuel metering device on which the skimmer was discovered;
(1-a) notify a law enforcement agency and the department that a skimmer has been detected; and
(2) take appropriate measures to protect the motor fuel metering device from being tampered with until the department or law enforcement agency arrives and the skimmer is removed.

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Terms Used In Texas Business and Commerce Code 607.053