Texas Attorney General Opinion: GA-0697 Page: 3 of 4
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Mr. Robert Scott - Page 3
value of property, but foster contentment and happiness among homeowners." Subsequent cases
have focused upon the same considerations. See, e.g., City ofHouston v. Johnny Frank's Auto Parts
Co., 480 S.W.2d 774, 780 (Tex. Civ. App.-Houston [14th Dist.] 1972, writ ref'd n.r.e.) (quoting
language from Connor, 142 S.W.2d at 712); City of Pharr v. Pena, 853 S.W.2d 56, 61 (Tex.
App.-Corpus Christi 1993, writ denied) (considerations of aesthetics as well as surrounding
property values "represent a legitimate goal [and] were substantially related to the public welfare").
In the most recent case, the court said that a restriction on off-premise signs "enhances the aesthetic
appearance and economic prospects of the community." Eller Media Co. v. City of Houston, 101
S.W.3d 668, 675 (Tex. App.-Houston [1st Dist.] 2003, pet. denied).
Moreover, zoning ordinances and land development standards constitute a portion of a
municipality's statutory police power. Chapter 211 of the Local Government Code provides the
basis for municipal zoning authority. The powers granted therein "are for the purpose of promoting
the public health, safety, morals, or general welfare and protecting and preserving places and areas
of historical, cultural, or architectural importance and significance." TEX. Loc. GOV'T CODE ANN.
211.001 (Vernon 2008).4 Zoning ordinances include, inter alia, regulation of the height and size
of buildings and other structures. Id. 211.003(a)(1); see also id. 216.901 (a) (home rule city may
regulate signs). Another provision permits the governing body of a municipality to divide the city
into districts and, within each district, to "regulate the erection, construction, reconstruction,
alteration, repair, or use of buildings, other structures, or land." Id. 211.005(a). Zoning regulations
"shall be adopted with reasonable consideration, among other things, for the character of each district
and its peculiar suitability for particular uses, with a view of conserving the value of buildings and
encouraging the most appropriate use of land in the municipality." Id. 211.005(b). Taken together,
the foregoing statutes and judicial decisions make clear that the City may enforce reasonable zoning
and building ordinances against the District on the bases of aesthetics and the maintenance of
property values. Sections 54.004 and 211.005 of the Local Government Code establish the primacy
of a municipality in enforcing its building and zoning regulations. In addition, the various cases
upholding considerations of aesthetics and the maintenance of property values as sufficient
underpinnings for such laws remove substantial obstacles to the implementation of those regulations.
Finally, the Texas Supreme Court's decision in City ofGroves indicates that, in the area of building
regulation, a municipality may enforce its reasonable ordinances against an independent school
district.
We conclude that a home rule city may enforce its reasonable land development regulations
and ordinances against an independent school district for the purposes of aesthetics and the
maintenance of property values.
4Under another portion of the Local Government Code, "[a] home rule municipality may enforce ordinances
necessary to protect health, life, and property and to preserve the good government, order, and security of the
municipality and its inhabitants." TEX. Loc. GOV'T CODE ANN. 54.004 (Vernon 2008).(GA-0697)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0697, text, February 27, 2009; (https://texashistory.unt.edu/ark:/67531/metapth275593/m1/3/?q=%222009%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.