After almost two hours of deliberation, residents burst into applause when Magnolia City Council members decided not to make a motion to re-establish a curfew for minors during school hours and from midnight to 6 a.m.

Since 2001, the daytime and nighttime curfew ordinance has been on the books and was subject to reconsideration with two public hearings every three years. The curfew ordinance was renewed by council members in 2004 and 2007 after public hearings and was not reviewed in 2010 or 2013, according to city records.

"We have a lot of people in our community that choose to homeschool their kids—this is America, this is their right," Magnolia Chief of Police Domingo Ibarra said. "Some of these individuals may go and have lunch at an establishment. I'll tell you quite frankly, it's very difficult for us in law enforcement to know who is and who is not homeschooled."

Under the ordinance, minors who were out in the community—with or without parental approval—during school hours and from midnight to 6 a.m. could receive a Class C misdemeanor. In addition, business owners that allowed minors into their establishments during curfew hours could receive up to a $500 fine.

Council members Anne Sundquist and Jeff Chumley expressed concern for the enforcement of the daytime curfew ordinance during the meeting and said they both thought it should not be in effect.

"I thought how in the world could we enforce something like this without stopping perfectly innocent people and then what kind of view is that going to project to our kids about law enforcement or about the city," Sundquist said.

State Rep. Steve Toth, R-The Woodlands, spoke during the public hearing portion of the council meeting. Toth said he wants to instill a respect of the Constitution in his children and did not believe the curfew ordinance should remain in effect.

"I don't want [my daughter] or other children to feel disrespected by the law," Toth said. "You can actually arrest someone on a Class C misdemeanor. The legislative intent of this [ordinance] is not for rural areas like Magnolia. The legislative intent for this in the eyes of the state of Texas is for inner city related gangs and to try and keep kids out of that environment."

Many residents who spoke during the public hearing agreed the state's truancy and delinquency laws were enough to protect minors in the community without a curfew ordinance.

"The one thing that bothers me about this [ordinance] is the freedom that we have to move about our community without being stopped and asked who we are and why we're there," said Renee Johnson, a Magnolia resident with homeschooled children. "[The city] should target those who are actually truant instead of a general cast net."

In the absence of Mayor Todd Kana, mayor pro tem Richard Carby and the other council members agreed to not make a motion on the curfew ordinance, which made it no longer in effect.

Ibarra said residents displayed the essence of democracy in voicing their comments and concerns about the ordinance during the meeting.