TITLE attorney-general

Opinions

Opinion No. GA-0043

The Honorable Robert E. "Bobby" Bell

District Attorney

Jackson County Courthouse

115 West Main, Room 205

Edna, Texas 77957

Re: Interpretation of section 160.633 of the Texas Family Code (RQ-0612-JC)

S U M M A R Y

The word "proceeding" for the purposes of a suit to adjudicate the paternity of a child includes all possible steps in the action. The final order in such a suit is open for inspection and copying, whatever the nature of the judgment. Save with the consent of the parties or by court order, any and all other records of the proceeding are permanently closed.

Opinion No. GA-0044

The Honorable Florence Shapiro

Chair, Senate Committee on Education

Texas State Senate

P.O. Box 12068

Austin, Texas 78711-2068

Re: Whether a home-rule municipality may operate a cemetery (RQ-0614-JC)

S U M M A R Y

A home-rule municipality is authorized to operate a cemetery.

Opinion No. GA-0045

The Honorable Rodney Ellis

Chair, Senate Committee on Government Organization

Texas State Senate

P.O. Box 12068

Austin, Texas 78711-2068

Re: Whether Exchanges of the Farmers Insurance Group of Companies® are "authorized insurers" that are required to file withdrawal plans under article 21.49-2C of the Texas Insurance Code; whether their proposed refusal to renew policies of homeowners in Texas would violate state law; and whether the Commissioner of Insurance may impose a moratorium on the approval of a plan for withdrawal (RQ-0620-JC)

S U M M A R Y

The refusal of Farmers Insurance Exchange and Fire Insurance Exchange to renew the policies of Texas homeowners would not violate state law, provided that the Exchanges follow the notice procedure set forth in article 21.49-2B, section 5 of the Insurance Code. The Exchanges would not be required to file a plan for withdrawal from the Texas homeowners' insurance market, as they are reciprocal exchange insurers that are not regulated by article 21.49- 2C of the Insurance Code. Nor are reciprocal exchange insurers subject to a moratorium issued by the Commissioner of Insurance.

For further information, please access the website at www.oag.state.tx.us. or call the Opinion Committee at 512/ 463-2110.

TRD-200302030

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: March 26, 2003