In each case, he said, an officer has referred Moore to a department policy that says officers will not investigate what is known under state law as theft of service. Theft of service is a misdemeanor unless the amount is $1,500 or more, which raises it to a felony.
When Moore first bought his business, a customer showing a valid Texas driver’s license was required to pay up front for whatever number of days he wanted to rent a backhoe, jackhammer, drill or other equipment. But like many of his competitors, Moore learned that a small percentage of his renters kept what they rented well beyond the agreement with no intention or ability to pay.
With the demand to prosecute theft of service cases growing, the Austin Police Department called a meeting of rental businesses in 2005 to announce that it was changing its internal policies on pursuing those cases, Norris said.