TEXAS DEPARTMENT OF INSURANCE Notification Pursuant to the Insurance Code, Chapter 5, Subchapter L As 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 Adopted Action The Commissioner of Insurance has adopted the revised Texas Workers' Compensation Classification Relativities (Classification Relativities) and the revised table to amend the Texas Basic Manual of Rules, Classifications, and Experience Rating Plan for Workers' Compensation and Employers' Liability Insurance (Manual). The revised Classification Relativities replace those adopted in Commissioner's Order No. 96-1038. The revised table concerns the Expected Loss Rates and Discount Ratios used in experience rating. The revisions were proposed by the Texas Department of Insurance staff (TDI staff) in a petition filed on July 2, 1998. Notice of the proposal (Reference No. W-0798-17- I) was published in the July 17, 1998 issue of the Texas Register (23 TexReg 7446). The revisions were considered at a public hearing under Docket No. 2372, held on August 18, 1998 at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas. No comments to the revisions were received. The Commissioner adopted the revised Classification Relativities and the revised Expected Loss Rates and Discount Ratios without changes to the proposal as noticed in the Texas Register. 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 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 also determined that the TDI staff should review, and revise if necessary, the Classification Relativities and the Expected Loss Rates and Discount Ratios on an annual basis to ensure that they reflect the experience in Texas as accurately as possible. The Commissioner has jurisdiction of this matter pursuant to Articles 5.60 and 5.96 of the Texas Insurance Code. 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 No. W-0798-17-I and are incorporated by reference into Commissioner's Order No. 98-0998. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts action taken under Article 5.96 from the requirements of the Administrative Procedure Act (Government Code, Title 10, Ch. 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. TRD-9813726 Lynda H. Nesenholtz General Counsel and Chief Clerk Texas Department of Insurance Effective date: January 1, 1999 Proposed Action publication date: July 17, 1998 Filed: August 28, 1998