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