TEXAS DEPARTMENT OF INSURANCENotification Pursuant to the Insurance Code, Chapter 5, Subchapter LAs required by the Insurance Code, Article 5.96 and 5.97, the Texas Register publishes notice of proposed actions by the Texas Board of Insurance. Notice of action proposed under Article 5.96 must be published in the Texas Register not later than the 30th day before the board adopts the proposal. Notice of action proposed under Article 5.97 must be published in the Texas Register not later than the 10th day before the Board of Insurance adopts the proposal. The Administrative Procedure Act, the Government Code, Chapters 2001 and 2002, does not apply to board action under Articles 5.96 and 5.97. The complete text of the proposal summarized here may be examined in the offices of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714- 9104.) This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Administrative Procedure Act. Texas Department of Insurance EXEMPT FILING NOTIFICATION PURSUANT TO THE INSURANCE CODE CHAPTER 5, SUBCHAPTER L, ARTICLE 5.96 ADOPTION OF REVISED TEXAS WORKERS' COMPENSATION CLASSIFICATION RELATIVITIES AND AMENDMENTS TO THE TEXAS BASIC MANUAL OF RULES, CLASSIFICATION AND EXPERIENCE RATING PLAN FOR WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE TO UPDATE EXPECTED LOSS RATES AND DISCOUNT RATIOS The Commissioner of Insurance has adopted the revised Texas Workers' Compensation Classification Relativities (Classification Relativities) and the revised table which amends the Texas Basic Manual of Rules, Classification, and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance (Manual) as it concerns expected loss rates and discount ratios. The revisions were proposed by Department staff in a petition filed on June 24, 1996. Notice of the proposal (Reference Number W-0696-24-I) was published in the July 2, 1996, issue of the Texas Register (21 TexReg 6087). The revisions were considered at a public hearing held on August 15, 1996, at 9:00 a.m., under Docket Number 2234 in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas. The Commissioner adopted with changes to the proposal as noticed in the Texas Register, revised Classification Relativities and revised expected loss rates and discount ratios as contained in the Manual. Based on written comments on the proposal, the Commissioner has adopted the schedules of Classification Relativities with changes to certain classifications that had been combined for ratemaking purposes in 1994 and had not been combined in the proposed version. The adopted schedules display the Classification Relativities in the combined format. Based on oral comments on the proposal, the Commissioner has adopted the Classification Relativities with additional slight modifications to the Classification Relativities as proposed. The modifications resulted from incorporating experience data that had previously not been reported to the National Council on Compensation Insurance, Inc. and consequently had not been considered in the calculations of the Classification Relativities. The effects on the Classification Relativities that had been proposed is approximately 0.3%. There are corresponding changes in the proposed expected loss rates and no changes in the discount ratios. The Commissioner has determined that the revisions to the Classification Relativities and the revisions to the expected loss rates and discount ratios contained in the Manual which are necessary to more accurately reflect the changes in experience due to enactment of legislation as well as the changes that occur with the passage of time due to occurrences such as technological advances and improvement in safety programs. The Commissioner has jurisdiction of this matter pursuant to the Insurance Code, Articles 5.60 and 5.96. The revised Classification Relativities and the revised expected loss rates and discount ratios are on file in the Chief Clerk's Office of the Texas Department of Insurance under Reference Number W-0696-24-I and are incorporated by reference into Commissioner Order Number 96-1038. The notification is made pursuant to the Insurance Code, Article 5.96, which exempt action taken under Article 5.96 from the requirements of the Administrative Procedure Act (Government Code, Title 10, Chapter 2001). Consistent with the Insurance Code, Article 5.96(h), prior to the effective date of this action, the Texas Department of Insurance will notify all insurers affected by this action. This agency hereby certifies that the adopted revised Classification Relativities and the revised expected loss rates and discount ratios contained in the Manual have been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. IT IS THEREFORE THE ORDER of the Commissioner of Insurance that the revised Texas Workers Compensation Classification Relativities are adopted. IT IS FURTHER ORDERED that the revised table which amends the Texas Basic Manual of Rules, Classifications, and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance as it concerns expected loss rates and discount ratios are adopted effective January 1, 1997. Issued in Austin, Texas, on September 13, 1996. TRD-9613496 Caroline Scott General Counsel and Chief Clerk Texas Department of Insurance Effective date: January 1, 1997 Filed: September 13, 1996