## 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 asa 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 anyperson acting asa Life Insurance Counselor shallbe 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 ofpersons 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 anyperson "whoholds thedesignation of Chartered Life Underwriter (CLU)." Acts 1975, 64thLeg., ch. 731at 2372. You askwhether, in the light of section 6of article 21.07-2, this newly created exemption regarding the legal reserve agent examination impliedly exempts charter lifeunderwriters from the life insurance counselor examination aswell. Section 5of article 21.07-2 was amended in 1969. The amended language firstmakes the same observation that is repeated in section 6, that

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

[t]helicensing and regulation of aLife Insurance Counselor, as that term isdefined herein, shallbe in the samemanner and subject to the same requirements as applicable to the licensing of agents of legal reserve life insurance companies.
. . . Section 5then states:

Inaddition to the above requirements, ---- --. .-. the appm!tTorlicensure as aLifensurance Counselor shall submit to the Commissioner evidence ofhighmoral and ethical character, documentation that he has been licensed asa 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 aLife Insurance Counselor's license to sit for an examinationwhich 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. -.-.._ -..-.- --. -- (Emphasisadded).
It iswell established that leuislative intentmust be determined by consideration of an entire statute rather than isolated portions. Cityof Mason v.West Texas Utilities 'Co., 237 S.W.2d 273, 278nex.'~l951). Although thestatutory language is somewhat ambiguous regarding thequestion you pose, we believe that, when read asawhole, the statute indicates a legislative intent not to exempt chartered life underwriters from the life insurance counselor examination.

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

In construing a statute, the courts will not ordinarily imply an exception. Spears v. City,of SanAntogo, 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.). Inour opinion, the language of article 21.07-2, by imposing .requirements "inaddition to the above requirements," is inconsistent with the claim of an exemption. Thus, it isour view that the statement of legislative intent in section 6 ofarticle 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 aprerequisite to licensing as a life insurance counselor. SU.MMA RY Article 21.07-2 of the Insurance Code does not exempt a chartered life underwriter from the requirement of taking an examination as aprerequisite to licensing asa life insurance counselor. Very truly yours, 

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Attorney General of Texas APPROVED:

Opinion Committee

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