What to Inspect During an Inspection?
The department may perform complaint-based and risk-based inspection to ensure licensees are compliant with Texas Occupations Code Chapter 2310 and Texas Administrative Code (TAC), Title 16, Chapter 97.
Complaint-based inspections will occur when an actionable complaint is received by TDLR to determine whether fraud or non-compliance is present.
Risk-based inspections will occur when certain indicators suggest increased likelihood of fraud or non-compliance.
Getting Started
Upon arrival at the location the TDLR representative will provide a TDLR ID, business card, and a notice of inspection. TDLR representatives have the authority to inspect and test motor fuel metering devices, fraud, and skimmers.
Who Gets Inspected?
The Department may inspect any business with motor fuel metering devices used for commercial transactions for compliance with all Motor Fuel Metering and Quality laws and rules and Skimmers on Motor Fuel Metering Devices laws and rules.
What Will Inspectors Look For?
Businesses are responsible for complying with all laws and rules related to motor fuel metering and quality and payment card skimmers. (Compliance Guide, Chapter 2310, Chapter 607, Chapter 97)
Notification and Registration
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Ensure that proper notification of credit card skimmers was made to TDLR per Administrative Rule.
- Provide training and materials to merchants who need it.
- Ensure devices are registered with a current DPR on file
Fuel Dispensing Devices
- TDLR will check all devices for credit card skimmers
- CIS stickers
- Dispenser fuel leaks. Which include but are not limited to; leaky hoses, nozzles, swivels, and breakaways.
Results of Inspections
When the TDLR representative has completed the inspection the Merchant’s manager or responsible staff will be informed of any skimmers, fraud, and any findings of non-compliance.
TDLR will facilitate local law enforcement collecting skimmers or TDLR will collect and turn skimmers over to law enforcement.
A Findings Report documenting fraud or non-compliances will be provided electronically or hard copy to the manager or responsible staff. A signature will be requested from a manager or responsible staff to acknowledge the business was informed of the fraud or non-compliances observed during the inspection.
- Findings of non-compliance may be corrected during the inspection or corrected at a later date with correction evidence provided to TDLR. Follow the instructions on the Findings report to submit correction evidence.