The opinion
Hon. Paul H. Brown Opinion No. v-a.24
Fire Insurance Commissioner
Land Office Building Be: Recessitg of refunding
Austin, Texas fees paid for renewal
0r agency licenses upon
refusal to renew the
licenses.
Dear Col. Brown:
You have asked for the opinion of this office on
the following:
"This Department, under 5062b, Section 10,
is engaged in issuing renewal licenses to lnsur-
ante agencies throughout Texas. These egents
send thel~ renewal'eppilcati-ons~lnto-
this Depa~rt-
ment;generally accompanied by the fee of $1.00.
In some instances we refuse to issue the renewal
license. The uestion occurs: Are we required
to refund the 8 1.00 sent in?"
Sections 8 and 10 of Article 5062b, Vernon's Civil
Statutes, provide as follows:
"Sec. a. Every license issued to a local
Recording Agent or Solicitor shall expire on the
first day of March each year, unless an applica-
tion to qualify for the renewal of any such license
shall be filed with the Board of Insurance Co&s-
sioners and fee paid on or before such date, in
which event the license sought to be renewed shall
continue in full force and effect until renewed or
renewal Is refused.
"S86..10. An appllc,antfor the renewal of a
~.'~
Local Recording Agent's license or for the renewal
of a Sollcltor*s license shall pay, at the time the
renewal application is filed, a fee of one ($1.00)
Dollar."
The question asked can be answered only by ar-
rivingat the'int,entionof ttreLegislature as manifested
in Sect1ons.S ?$nd lO~.ofArticle 5062b. It is our opinion
,,.~ .,,
Hon. Paul H. Brown, page 2 (v-824)
that the Legislature Intended for the one dollar fee pro-
vided for in the Article to be primarily a filing fee cov-
erfng the charge for the filing of any renewel application
for a Local Recording Agent’s ,license or a Solicitor’s ll-
cerise. We are further of ths opinion that It 1s not neces-
sary to refund the one dollar fee paid by an applicant whose
lioenee is not renewed.
‘It is riotnecessary to refund the one($l.OO)
dollar fee~~paidunder the provisions of Section
10 of Artiole 5062b by a person applying fPf the
renewal of a Local Recording Agent’s or a Solicl-
tar’s license whose lioense is not renewed by
the Board of Insurance Commissioners.
Yours very truly
ATTORNKI GERERAL OF TKKAS
By%:ti
Assista&
APPROVED :
rfFn-a-
w
FIRST ASSISTANT
ATTORNEY dEBfERAL
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