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Texas Decimates Many Local Laws – Fair Chance Hiring Practices Eliminated In Austin

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Texas Decimates Many Local Laws – Fair Chance Hiring Practices Eliminated In Austin


In the intricate landscape of employment law, the Lone Star State has recently taken a bold step by preempting local laws and ordinances that surpass or conflict with state laws, such as Austin’s Fair Chance Hiring Ordinance, or “ban the box” law. This move carries significant implications for employers in Austin who conduct criminal background checks of job candidates requiring that employers recalibrate their hiring practices and understand the shifting sands of compliance.

Understanding Preemption

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Preemption, in the realm of law, refers to the concept where a higher level of government authority supersedes or displaces the regulations of a lower level of government. In the context of Texas, this means that state laws take precedence over local laws and ordinances, effectively rendering them null and void.

Texas House Bill 2127, referred to as The Texas Regulatory Consistency Act or the “Death Star” law, aims to eliminate the varying set of regulations that are inconsistently enforced throughout the state. The Act intends to restore regulatory control over commerce to the state level by preventing cities and counties from enforcing or enacting any legislation that governs labor practices in a manner exceeding or conflicting with state regulations. Texas’s Death Star law will impact a myriad of local laws affecting everything from workers’ rights to residential issues and becomes effective September 1, 2023.

Hiring in Austin is directly impacted by Texas’s new law. While Austin may have been at the forefront of fair chance hiring and “ban the box” legislation by passing a law in 2016 prohibiting private employers from asking job applicants about their criminal histories until after a conditional job offer, Texas has asserted its authority by preempting these local efforts. As a result, Austin’s Fair Chance Hiring Ordinance can no longer be enforced by the city. A similar ordinance, passed in DeSoto, Texas, in 2021 will also be unenforceable.

Impact on Employers

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For employers in Austin who have been diligently following the “ban the box” measure, the preemption introduces a seismic shift in their hiring protocols. It is crucial for employers to recognize that the prohibition on criminal history inquiries at the initial stages of the hiring process and additional adverse action requirements will no longer be required. While this may offer more latitude in evaluating candidates, it also presents new complexities and considerations.

For example, Austin’s Fair Chance Hiring Ordinance requires that employers conduct an individualized assessment of a candidate’s criminal history, considering the nature and gravity of the criminal offenses, the time since the offenses occurred and the sentence was completed, and the nature and responsibilities of the job sought by the candidate. The assessment is similar to the guidance provided by the US Equal Employment Opportunity Commission concerning the consideration of arrest and conviction records in employment decisions. Austin’s ban the box law also requires that employers who deny candidates employment based on their criminal history notify the candidate as part of the adverse action process that the adverse action was based on the individual’s criminal history.

The preemption of Austin’s “ban the box” law brings to the forefront a delicate balancing act between inclusivity, anti-discrimination, and due diligence. Employers must now tread carefully to avoid unintentional discrimination while complying with Texas’s “Death Star” law.

Navigating Compliance

To help ensure compliance with the evolving legal landscape, Austin employers may need to recalibrate their hiring practices. Considerations for employers include:

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  1. Reviewing and Revising Policies: Employers may revisit and update their hiring policies to align with the state’s preemption stance. While not explicitly required, because Austin’s ban the box law will be preempted, employers who find it valuable to assess criminal history early in the application process may revise job applications and interview scripts to account for the reintroduction of criminal history inquiries.
  2. Education and Training: Individuals who make employment decisions, such as managers and HR personnel, should receive comprehensive training on any revisions to policies and processes to ensure consistency in their application and minimize potential pitfalls related to discrimination and unconscious bias.
  3. Individualized Assessment: While no longer expressly required by Austin’s ban the box law because of state preemption, employers are reminded of the EEOC’s enforcement guidance concerning the consideration of arrest and conviction records in employment decisions. Employers should adopt an individualized approach when assessing a candidate’s criminal history. Evaluate the relevance of the offense to the job, considering factors such as recency and severity.
  4. Documentation and Decision-Making Uniformity: Maintain meticulous records of hiring decisions, outlining the rationale behind each candidate’s evaluation. Consistency in the application of policies is paramount to demonstrating fairness. Employers are encouraged to utilize tools that can help create an audit trail of the individualized assessment process.
  5. Collaboration with Legal Counsel: Given the intricate nature of employment law, seeking guidance from legal professionals well-versed in Texas preemption and hiring regulations is a prudent step. Further, the enforcement of Texas’s Death Star law is expected to be challenged by several municipalities whose laws and ordinances will be eliminated by the law, making compliance with impacted laws and ordinances a moving target.

Texas’ preemptive move in the realm of fair chance hiring legislation challenges Austin and DeSoto employers to rethink their hiring strategies. The state’s assertion of authority necessitates reevaluating hiring policies to align with the changing legal landscape. By proactively addressing compliance and maintaining a delicate balance between inclusivity and due diligence, employers can navigate this shift while ensuring fair and informed hiring decisions. As we adapt to this new paradigm, the spotlight remains on the business community to foster an equitable employment environment within the bounds of the law.



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Austin, TX

Austin FC stumbles on the road with loss to Colorado

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Austin FC stumbles on the road with loss to Colorado


AUSTIN (KXAN) – With two weeks to think about their 5-1 loss to Real Salt Lake, Austin FC suffered another defeat Saturday evening 2-0 to the Colorado Rapids at Dick’s Sporting Goods Park.

While Austin controlled possession more than half the game, they did not have much success offensively. The visitors managed zero shots on goal with eight shot attempts overall.

Colorado struck first in the 22nd minute with a goal from Cole Bassett. The other goal for the Rapids came early in the second half courtesy of Rafael Navarro.

The loss is Austin’s third straight as they have slowed after a strong stretch from late April into May. With another match netting them zero points, Austin is now in eighth place in the Western Conference.

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The Verde and Black will next be in action Wednesday evening at 7:30 p.m. as they’ll host LAFC at Q2 Stadium in Austin.



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Austin, TX

NCAA MEN’S BASKETBALL: Cook has proven recipe in Texas and keeps locals in the mix

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NCAA MEN’S BASKETBALL: Cook has proven recipe in Texas and keeps locals in the mix


AUSTIN, TEXAS — Despite being nearly 2,000 miles away, Andre Cook remains plugged into the ‘518’s’ basketball scene.

For good reason, as it’s where the coach, 52, got his start. While he lives in Austin, Texas, spending his evenings walking the hilly streets of his residential neighborhood, Cook still resides inside the top 10 for career points at both Watervliet High School and Skidmore College.

Cook also keeps the ‘518’ area code attached to his phone number, 15 years since taking the job in the Lone Star State and building a new, winning legacy.

“I love the capital region. People always laugh, but I still call it, ‘I’m going home,’” Cook said in an over-the-phone interview with the Troy Record. “It’s home and it’s always gonna be home. I loved every second about growing up in Watervliet, New York, playing on 23rd Street. I loved going to college at Skidmore College, going to grad school, I loved my time as a high school coach and my time as the head coach at Hudson Valley. I wouldn’t trade any of it.”

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“The 518 – I just have nothing but love for it. That’s all I can say, and you can see I still have my (phone) number.”

  • The Siena College Saints men’s basketball team lost to Quinnipiac University, 82-70, on Friday, Jan. 19, 2024, at MVP Arena, in Albany, N.Y. (DREW WEMPLE – MEDIANEWS GROUP).

  • College of Saint Rose's men's basketball freshman guard Latiek Briscoe...

    College of Saint Rose’s men’s basketball freshman guard Latiek Briscoe dribbles the basketball in a game versus Southern Connecticut State on Feb. 7, 2023, at Daniel P. Nolan Gymnasium, in Albany, N.Y. (PHOTO PROVIDED VIA ROLAND BOURGEOIS JR – SAINT ROSE ATHLETICS).

  • Siena Saints sophomore and former Shen graduate Mason Courtney participates...

    Siena Saints sophomore and former Shen graduate Mason Courtney participates in a men’s basketball summer workout on Monday, July, 17, at Marcelle Athletic Complex, on the Siena campus, in Loudonville. (PHOTO BY DREW WEMPLE)

  • (PHOTO PROVIDED VIA SAINT ROSE ATHLETICS)

    (PHOTO PROVIDED VIA SAINT ROSE ATHLETICS)

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  • Andre Cook

    Andre Cook

  • The Siena College men’s basketball team lost to Marist, 67-51,...

    The Siena College men’s basketball team lost to Marist, 67-51, at MVP Arena on Thursday, February 8, 2024. (PHOTO BY DREW WEMPLE)

  • Hudson Valley Community College mens basketball coach Andre Cook works...

    Hudson Valley Community College mens basketball coach Andre Cook works the officials during a game from the 2007-08 season. (Jeff Couch — The Record)

  • Retired Watervliet basketball coach Gaeorge Mardigan with two of his...

    Retired Watervliet basketball coach Gaeorge Mardigan with two of his former players who coach, Andre Cook at Hudson Valley Community College and Orlando DiBacco named Bishop Maginn coach Tuesday. (photo by Tom Killips) 6/30/2009

Cook took the job at St. Edward’s University, a private catholic university in Austin, Texas, with an enrollment of slightly fewer than 3,000 according to the U.S. Department of Education (2021-22), 15 years ago. He wrapped up back-to-back seasons at Hudson Valley Community College, with a 16-0 record in conference play and a combined, five total losses overall.

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In his final season with the Vikings, in 2008-09, Cook led the team to the NJCAA Division III National Tournament, advancing to the semifinals. It was his first head coaching job at the collegiate level. It taught him lessons applicable to today’s age of college basketball and provided an outlook not many other coaches share.

At the junior college level, while not having to love it, Cook grew to accept and learned to navigate the transfer portal’s ins and outs.

“It helped me understand this era a little bit more. Obviously, we still recruit freshmen. We want and you hope that this is a four or five-year relationship, but you can’t be pollyannaish about it and think, ‘Oh, the good old days.’ Adapt or die, adapt or die, and that’s what we have to do,” Cook said.

For Cook, it’s still about keeping the ‘main thing,’ the ‘main thing,’ when it comes to the overall transfer portal and recruitment. Earning a bachelor’s degree from Skidmore in ‘94, completing a master’s degree in social studies teaching at Union College two years later, and with a wife who graduated from the College of Saint Rose, Cook believes that ‘main thing,’ is found in classrooms and campuses, not the hardwood and the bank accounts.

“If my athletic director walked in right now and said, ‘Hey, we’re shutting down men’s basketball.’ Well, okay, that’s terrible, I still have degrees from Skidmore and Union College; somebody might hire me. I might have a spot somewhere to go do something because of my education and you can tell me about the money and about professional opportunities, I get it, but still, for the overwhelming majority of them, education is still what carries today,” said Cook.

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“Some of the best of the best are gonna go make hundreds of thousands if not millions of dollars because of their basketball. But what’s that? 1%? 2%? The rest of us need our college degree,” he continued. “At some point that ball is gonna stop bouncing, you’re gonna be 25, 28, or 30, and you’re going to need to fall back on that St. Edward’s degree.”

So, when Cook hit the transfer portal this past offseason for his NCAA Divison II basketball program, he returned to his roots and guys he thinks will identify with them. He’d recruited locals from the Capital Region to Austin, Texas, bringing in Niskayuna 2021 graduate Nick Benton as a freshman before transferring to Saint Anselm in ‘22.

Two more are slated to join the Hilltoppers from Cook’s old neck of the woods—former Siena College guard Mason Courtney and Saint Rose guard Latiek Briscoe.

“It’s hard, when you’re 18, 19, or 20, to come 1,800 miles away from the Capital Region. So, when we bring kids down here, we say, ‘Hey, there’s that part of- you can come into my office, and you can talk about home and I know what you’re talking about,’” Cook said. “They can come in my office, we can close the door and it’s like we can almost reminisce and talk about the ‘518’ and it feels like we’re home for a minute. Part of that, I think, brings a comfortability with some of the players that we get.”

Cook’s Hilltoppers are coming off tying their best season since 2019-20, going 21-11 across the 2023-24 campaign, with a 14-7 record in Lone Star Conference play. Courtney and Briscoe saw quite the opposite years on their respective teams, as the Golden Knights (D II) and Saints (D I) went a combined 15-46 this past season.

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“Latiek and Mason, besides going to school five miles apart, things didn’t go perfectly right. This is a second chance, a breath of fresh air and I’m all for it. I look forward to getting it more,” Cook said.

“‘18-19, ‘19-20, we won 57 games. We just, since COVID, haven’t gotten that back,” he continued. “21 wins last year, 21 wins the year before, 17-12 the year before; I don’t know how many games we played in COVID (20) but we got to the championship that year. In the last few (years), we are good, just not good enough. A lot of teams would be happy with 59 wins in the last three years. We’re not going to give them back, but we need to get back into the NCAA Tournament and I’m hoping that these two guys that we’re talking about can help us do that.”

Courtney is set to be a junior at St. Edward’s along his second collegiate stop since graduating from Shenendehowa High School in 2021, where he played under friends of Cook’s – Paul Yattaw and Tony Dzikas.

In his freshman year at Siena, Courtney appeared in five games, logging 14 total minutes and zero points. As a sophomore, this past season, Courtney was thrust into a much larger role for a younger Saints team, which on top of some inexperience was also marred by nagging injuries throughout the season.

The local guard however made good use of his opportunity, finishing as only one of three Siena players to play in all 32 games, finishing fifth on the team in points-per-game (6.1), and second in total assists (63). However, the production came during a program-worst year for Siena, finishing 4-28 overall after another, conference tournament first-round elimination.

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Siena head coach and fellow Shenendehowa alum Carmen Maciairiello, who recruited Courtney from his alma mater, was fired at the end of the 2023 season.

“When I’m home from our games, I’d have the (Siena) games on sometimes in the background while I’m getting organized, or I’d sit down and watch some of it. They had a tough year. Obviously, a lot going on with injuries, not winning, a coaching change,” Cook said. “Mason Courtney, every time I watched them play on those Sundays, I noticed the kid was playing hard, he clearly had to play out of position and he was clearly trying to do everything he could, in a tough situation.

“I’m watching him get guys together in the huddle, dive on the floor, try to bring the ball up against pressure, and I just had an appreciation. He, to me, stood out in a tough situation,” Cook added.

After learning the junior’s ‘main thing’ was becoming an orthopedic surgeon, stemming from some in-person meetings and over-the-phone conversations with Courtney and his former coaches. Cook was sold.

In Cook’s eyes, the ending at Siena showed him more about Courtney’s character than the play style.

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“He’s hardened. You’re a local kid, whose parents are Siena alums, and you heard a lot of venom all last year. In year one, I don’t know if he made a shot. In year two – and we’re all on some sort of social media and the things that people said about this kid were not nice – and he just played. He just kept trying to figure out if he could just help his team get a win,” Cook said. “I think Mason would tell you himself that two years ago, he wouldn’t be ready to leave his family to come to Texas. I think that experience at Siena was real life and eye-opening.

“Firings, new team, losing, being booed, people on you on social media that hide behind a fake name and say mean stuff, that toughens you up and allows you to say- ‘I’m gonna come 1,800 miles and blaze a new path,’” he said.

Briscoe is no stranger to playing through and around adversity either, as coming into the 2023-24 campaign, he and the rest of the student-athletes at Saint Rose were informed that the school was closing at the end of that academic year.

On top of the initial uncertainty about his future, Briscoe going down to injury seven games into his sophomore season couldn’t have helped alleviate the pressure.

“His situation was tough and he is mature beyond his years,” Cook said, “and he’s a good player that I hope is a guy that can go get us a bucket. I want good guys that can play in a system, score, and shoot, and my hope with Latiek is that he can go get a bucket for us and add all sorts of value to the locker room.”

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Briscoe played in 32 total games across his two years at Saint Rose, starting in 26 and averaging 10.3 points per game, on 42% shooting.

Again, Cook put feelers to the ‘518’ for research and recommendations of his new, potential guard, this time, going to Golden Knights’ coach Brian Beaury, who he called an ‘Albany institution,’ in basketball. However, the glowing impression that led Briscoe to St. Edward’s didn’t merely come from his old coach. Briscoe had to do some of the leg work himself.

“(Beaury) described a few of his players that he felt would be good for us. The one I kept coming back to, in terms of toughness, leadership, work ethic, and a wantingness to win, was Latiek,” Cook recalled. “Then I started talking to Latiek. This kid is from New York City, he had to earn everything, got told his school was closing, and he was the real deal of toughness. I talked to him and I looked down at the phone and said, ‘Man, we’ve just been talking for 45 minutes, just about life, his Mom, New York City and Saint Rose, and his injury.’

“His generation is not one to talk on the phone a lot. They don’t have long conversations. It’s just the way it is…Latiek is just kind of old school. His conversing and ringing you up not just to talk about basketball, but about life, family, goals, and what he wants to get out of this, just really struck me as, ‘Wow, I want to be around this kid,’” Cook continued. “Brian’s eyes say he can play. My eyes say he can play. Now, he was coming like this over phone conversations? I think Latiek and I are going to have a long relationship.”

But, as Cook’s coaching career nears the three-decade mark since starting at Hudson Falls High School in ’96, his future isn’t easily forgotten. With more than 400 wins across all levels of coaching and a winning percentage of .641, it’s hard to imagine the Watervliet native not being a hot commodity in major, Divison I programs.

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Cook has seen it firsthand, both for himself and other, mid-major and Divison II coaches making the step up. Still, the local wants to keep the ‘main thing’ the ‘main thing.’

“Guys are getting opportunities and that can only help others and with someone A.D. (athletic director) maybe taking a shot. But, as you get older, and you look at your family, everybody is happy,” Cook said. “My wife has a great job, my daughter loves her college, my son is at the high school he wants to be at and everybody’s happy. Do I, at this point in our lives, try to do something and try to take a chance and disrupt everyone else’s happiness? I’m not sure.”

“If we keep winning, hopefully winning at a high level, maybe some things open up. If not, I’m living where it’s 90 degrees outside, I can hear the birds chirping and life is good. I’m on my time,” Cook added.



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Austin, TX

Dayglow plans three back-to-back hometown shows in Austin on new tour

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Dayglow plans three back-to-back hometown shows in Austin on new tour


Austin’s Moody Center has positioned itself as the next big thing in arena entertainment — not just in Austin, but in the country. In 2022, it was the highest-grossing arena of its size, according to Billboard; In 2023, the Academy of Country Music named it the Arena of the Year; In 2024, it is Pollstar Arena of the Year. It’s adding another feather to its cap with the arrival of one of the world’s biggest esports event next summer.

Moody Center is hosting Blast.tv Counter-Strike Major 2025 next June. The event is predicted to bring in $40 million, with 50,000 fans expected to attend. Players on teams and participating individually will competing for a $125 million prize pool. This event is the first Counter-Strike Major in seven years, since it was held in Boston.

Although esports — competitive video game-playing, with in-person and streaming audiences depending on the event — are still a relatively niche event category, they are on the rise and represent huge opportunities for catching audience attention. Fans are expected to tune into Counter-Strike 2025 from more than 150 territories, watching in 28 languages.

Even if players are not “athletes” in the traditional sense, they work with complex strategy, quick reaction times, and even physical discipline — how long can the average person sit and focus completely? Austin, famously an F1 city, seems to be getting deeper into fringe kinds of athleticism.

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The relatively new Moody Center, opened in April 2022, is still light on popular traditional sports. The calendar does have some interesting departures from the football-basketball-soccer-hockey norm, like bull riding and WWE wrestling.

“We are incredibly excited to bring the BLAST.tv Major to Austin, Texas,” said Blast CEO Robbie Douek in a press release. “The city’s dynamic atmosphere, the cutting-edge Moody Center, and track record of hosting world-leading events provide the perfect setting for what promises to be an unforgettable event. We look forward to showcasing the best of esports to a global audience and making a positive impact on the local community.”

Austin’s prevalence as a growing tech city also makes it an ideal place to show off the event’s tech capabilities, or even just appeal to tech-informed people who are likely to be interested in gaming.

“Austin is the perfect place to showcase the esports industry and the technology at the heart of the competition,” said Mayor Kirk Watson in the release. “We look forward to welcoming teams and fans from all across the globe to Austin.”

The release also shared a quote from Drew Hays, executive director at the Austin Sports Commission, although it did not name the commission’s involvement in bringing the event to fruition: “We’re excited to host Blast.tv Austin Major, Austin’s first arena-based esports competition, which we estimate will bring 10,000+ fans to Moody Center each day. For our city to have such a thriving technology sector and avid esports fanbase, an event like this is long overdue and we’re looking forward to an exciting competition next June.”

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More information about the Blast.tv Austin Major, including tickets and dates updates, will be available over time at blast.tv.



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