WILL WI&SON 

ATI-CBRNEY GENERAL 

December 31, 1962 

Honorable William A. Harrison 

State Board of Insurance 

Austin, Texas 

Dear Sir: 

Opinion No. WW-1512 

Re: Whether the State Board 

of Insurance may continue to supply rating 

data on the basis described in view of the 

enactment of Senate 

Bill 344, Acts 1961, 

57th Legislature, 

Regular Session. 

You have asked our opinion concerning the payment of fees for data 

used in computing rates for the rating plans prescribed in Articles 5.77, 

5.78 and 5.79 of the Texas Insurance Code. You state that you wish to know 

the effect of the enactment of Senate Bill 344, Acts 1961, 57th Legislature, 

R. S. on the payment of fees for copies of such data. 

Senate Bill 344 amended Article 3913, V. C. S. Article 3913 prior to 

this amendment, set out the fees required for furnishing copies of any papers, 

documents, or records (to anyone except officers of the state. ) Article 3913 

specifically applied only to certain officers including the Commissioner of 

Insurance. Senate Bill 344 amended this article but dropped specific reference to the Commissioner of Insurance. Senate Bill 344 states: 

“Each officer named above and all other officers 

of the State and heads of State departments shall cause 

to be collected the following fees for the services 

mentioned, except as otherwise provided by law. ” 

(Emphasis Added) 

Article 3920, V. C. S. , provided for specific fees to be charged by the 

Board of Insurance Commission. This article was codified by Senate Bill 

236, Chapter 491, 52nd Legislature, 1951, R. S., into the Insurance Code. 
. . . - 

Hon. William A. Harrison, Page 2 (WW-1512) 

Section 4. 07 of the Insurance Code incorporated the provision of Article 

3920 concerning fees. Article 4.07 was in effect at the time the 57th 

Legislature passed Senate Bill 344. 

It is apparent that Senate Bill 344 was not intended to affect fees 

charged by officers not named in the bill when the fee schedule of such officers 

was otherwise provided by law. Thus Section 4. 07 of the Insurance C~ode is 

still in effect and is determinative of the fees to be charged by the Insurance 

Board for services rendered. 

Article 4.07 of the Insurance Code makes it mandatory that the Board 

of Insurance Commissioners charge and collect “for every copy of any paper 

filed in the Department of Insurance, for each 100 words, not to exceed $. 20”. 

Also, this Article requires that a $1. 00 fee be charged for affixing your 

official seal to any papers furnished. It is the opinion of this office that your 

department should charge $. 20 per copy of each page of such rating data, 

irrespective of the person to whom it is furnished. 

SUMMARY 

Fees for copies of rating data should be 

collected by the State Board of Insurance pursuant 

to Article 4. 07 of the Texas Insurance Code. 

Very truly yours, 

WILL WILSON 

Attornev General of Texas 

/Assistant Attorney General 

SAO:br’ 
Hon. William A. Harrison, Page 3 (WW-1512) 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Srim Wilson 

Grady Chandler 

Pat Bailey 

Vernon Teofan 

REVIEWED FOR THE ATTORNEY GENERAL 

By: Leonard Passmore