THEA~TORNEYGENERAL 

OF TEXAS 

Auwrmr. TRXAS 78711 

June 2, 1977 

Honorable A. R. Schwartz Opinion No. H-1007 

The Senate of the State of Texas 

Austin, Texas Re: Whether a chartered life 

underwriter may be licensed 

as a life insurance counselor 

without examination. 

Dear Senator Schwartz: 

You have requested our opinion regarding whether a 

chartered life underwriter may be licensed as a life insurance 

counselor without taking the examination therefor. Section 6 

of article 21.07-2 of the Insurance Code governing the licensing of life insurance counselors provides: 

It is the legislative intent, and it is 

hereby provided, that the licensing and 

regulation of any person acting as a Life 

Insurance Counselor shall be subject to 

the same statutes and requirements applicable to the licensing and regulation of 

agents of legal reserve life insurance 

companies. 

Article 21.07-l of the Insurance Code, which establishes 

criteria for the examination and licensing of persons as legal, 

reserve life insurance agents, also provides in its section 5 

for the exemption of certain persons from the examination requirement. In 1975, the Legislature created an exemption for 

any person "who holds the designation of Chartered Life Underwriter (CLU)." Acts 1975, 64th Leg., ch. 731 at 2372. You 

ask whether, in the light of section 6 of article 21.07-2, 

this newly created exemption regarding the legal reserve agent 

examination impliedly exempts charter life underwriters from 

the life insurance counselor examination as well. 

Section 5 of article 21.07-2 was amended in 1969. The 

amended language first makes the same observation that is 

repeated in section 6, that 

p. 4166 
. - 

Honorable .A. R. Schwartz - page 2 (H-1887) 

[t]he licensing and regulation of a Life 

Insurance Counselor, as that term is defined herein, shall be in the same manner 

and subject to the same requirements as 

applicable to the licensing of agents of 

legal reserve life insurance companies. . . . 

Section 5 then states: 

---- In addition to the above requirements, --. .-. 

the appm!tTorlicensure as a Lifensurance Counselor shall submit to the 

Commissioner evidence of high moral and 

ethical character, documentation that he 

has been licensed as a life insurance agent 

in excess of three years. After the Insurance Commissioner has satisfied himself 

as to these requirements, he shall then 

cause the applicant for a Life Insurance 

Counselor's license to sit for an examination which shall include the following: 

Such examination shall consist of five 

subjects and subject areas: 

(a) Fundamentals,of life and health 

insurance; 

(b) Group life insurance, pensions 

and health insurance; 

(c) Law, trust and taxation; 

(d) Finance and economics; and 

(e) Business insurance and estate 

planning. 

-- --- 

- each .-.._ of -..-.- the-ve parts --. above -- enumerated. 

(Emphasis added). 

It is well established that leuislative intent must be 

determined by consideration of an entire statute rather than 

isolated portions. Cityof Mason v. West Texas Utilities 'Co., 

237 S.W.2d 273, 278 nex.'~l951). Although the statutory language is somewhat ambiguous regarding the question you pose, 

we believe that, when read as a whole, the statute indicates 

a legislative intent not to exempt chartered life underwriters from the life insurance counselor examination. 

P. 4167 
Honorable A. R. Schwartz - page 3 (H-1007) 

In construing a statute, the courts will not ordinarily 

imply an exception. Spears v. City,of San Antogo, 223 S.W. 

166, 169 (Tex. 1920); Stubbs v. Lowrey's Heirs, 253 S.W.2d 

312, 313 (Tex.' Civ. App. -- Eastland 1952, wxt ref'd n.r.e.). 

In our opinion, the language of article 21.07-2, by imposing 

.requirements "in addition to the above requirements," is inconsistent with the claim of an exemption. Thus, it is our 

view that the statement of legislative intent in section 6 

of article 21.07-2 of the Insurance Code, when read together 

with section 5, does not impliedly exempt a chartered life 

underwriter from the requirement of taking an examination as 

a prerequisite to licensing as a life insurance counselor. 

S U.M M A R Y 

Article 21.07-2 of the Insurance Code 

does not exempt a chartered life 

underwriter from the requirement of 

taking an examination as a prerequisite 

to licensing as a life insurance counselor. 

Very truly yours, 

oiiki&dLW 

Attorney General of Texas 

APPROVED: 

Opinion Committee 

p. 4168