March 5, 1963
Honorable William A. Harrleon
Conmlasloner of Insurance
Austin, Texas Opinion No. C-22
Re: Reconsideration of Attorney
General’s Opinions WW-1337
and WW-1337-A
Dear Mr. Harrison:
On February 1.8, 1963, you advised this office that
the State Board, of Insurance authorized you to r&quegt that
this office reconsider Attorney General’s Opinions WW-1337
and WW-1337-A.
On the 23rd day of May, 1962, the prior Attorney
Qeneral released his opinion WW-1337 which held:
“The Board of Insurance Commissioners is
authorized to issue a local recording agent’s
license to a firm or partnership composed of
active and inactive men!bers, provided that
neither the active or inactive partners are
limited partners; Sections 5 and 6 of Article
21.14 of the Texas Insurance Code apply to
the active partners but do not apply to the
Inactive partners.”
Upon a reconsideration of Opinion WW-1337(at the re-
quest of the Commissioner of Insurance), the then Attorney
General on the 27th day of December, 1962, over-ruled his
prior Oplnlon W-1337 and released Opinion WW-1337-A which
held:
“The provisions of Section 5 of Article 21.14
of the Texas Insurance Code prohibit the Insur-
ance Department from issuing a local recording
agent’s license to a firm or partnership unless
each Individual or member of the partnership is
to be actively engaged In good faith in the
Honorable William A. Harrison, page 2. (C-22)
business of.lnsurance.and.meets all of the
Mher, quallfic8tSons.,,rsq~ired Cor,.such
license."
It is our opinion that Opinion WW-1337 correctly states
the applicable law. Therefore, Opinion WW-1337-A is over-
ruled and Opinion WW-1337 Is reinstated. We are enclosing
herewith copies of the two prior opinions.
Yours very truly,
WAGGONER CARR
Attorney General of Texas
APPROVED:
OPINION COHBlI'pTEE
Albert Jones, Chairman
Stone
Stafirbon
H. Grady Chandler
Dudley M&alla
Howard Fender
APPROVED: WAGGONER CARR,ATTORNEYGENERALOF TEXAS