supplementpro- visionsof such statute.
Obviously,the insurancecompaniesreferredto in Articles 2.18 and 3.69 meet the third condition. While the term "special"stat- ute sometimesrefersto acts which regulatethe rightsor interests of a particularor designatedpersonor which relateto a particular person or thing of a class as distinguishedfrom en act which applies uniformlythroughouta class (39 Tex.Jur.29, Stats.,Sec. 12), it is also frequentlyappliedto statutessuch as the InsuranceCode that pertainto a limitedor subclassof personsor things or corporations. (This was the sense in which the term, specialstatute,was used in the followingcases: Flowersv. Pecos River Company,138 Tex. 18, 156 S.W.2d 260 (lgkl),and casesthereincited,Townsendv. Terrell,118 Tex. 463, 16 S.W.2d1063 (Comm.App.1929, opinionadopted),Cole v. State, 106 Tex. 472, 170 S.W. 1036 (1941)) From the readingof the statute,it can be seen that all of the exceptedcorporations are gov- erned by statutesthat are "special"in the lattersense. Accordingly, the term "special"statuteas used in Article9.14,T.B.C.A.,must be used in the same sense so that insurancecompaniesorganizedafter the effectivedate of the BusinessCorporationAct would be a corporation "hereafterorganizedunder specialstatutes".
It can thereforebe concludedthat insurancecompaniescom- ing within the purviewof Articles2.18 and 3.69 of the InsuranceCode and organizedunder the InsuranceCode after the effectivedate of the Hon. WilliamA. Harrison,page 5 (WW-490)
BusinessCorporationAct also fall within the provisoto the general exceptionset forth in Article 9.14A, T.B.C.A.;thus, the Business CorporationAct when not inconsistentwith the applicableportionsof the InsuranceCode governs such of the insurancecompaniescontemplated by Articles2.18 and 2.69 as are incorporatedafter the effectivedate of the BusinessCorporationAct.
Does the BusinessCorporationAct in like manuer apply to' similarforeigninsurancecompaniesinitiallyadmittedto Texas after the effectivedate of the BusinessCorporationAct?
Can a foreign insurancecompanyadmittedto do business in Texas come within the purview of Articles2.18 or 3.69 of the Insurance Code?
Article21.43 of the InsuranceCode states:
"The provisionsof this code are conditionsupon which foreigninsurancecorporationsshallbe permittedto do businesswithin this State, and any such foreigncorpora- tion engagedin issuingcontractsor policieswithin this State shallbe held to have assentedtheretoas a condition precedentto its right to engage in such businesswithin this State."
This article governsall foreign insurancecompaniesexcept those exceptedfrom the provisionsof Chapter21 by Article 21.41 of the InsuranceCode. This articlewas originallyenactedin 1903 as Article 3096ee (Acts 1903, p. 94). At that time it specified:
"That the provisionsof this act as well as all the terms and provisionsof chaRters1, 2, and 3 of Title 58 of the Revised Civil Statutesof Texas are conditionsup- on which foreign insurancecorporationsshallbe permitted to do businesswithin this State, and any such foreign corporationengaged in issuingcontractsfor policieswith- in this State shall be held to have assentedtheretoas a conditionprecedentto its right to engage in such business within this State." (Emphasisadded.)
At that time Title 58, Article3046, provided:
"The laws relatingto and governingcorporationsin generalshall apply to end govern insurancecompaniesin- corporatedin this state insofaras the same are'not in- consistentwith any provisionof this code."
Thus, the part of the 1903 Act which becameArticle 21.43 of the InsuranceCode made Article 3046, R.C.S. 1895, which became Hon. WilliamA. Harrison,page 6 (WU-490)
Article 2.18 of the InsuranceCode, applicableto foreigninsurance companiesadmittedto do business in Texas as well as to domesticin- surancecompanies. Therefore,Article2.18 would apply to foreignin- surancecompaniesadmittedto do businessin Texas exceptthose organ- ized or operatingunder Chapters3, 10, 11,