The department shall take action under Chapter 541 against an insurer notified under § 547.052 if:
(1) after the 30th day following the date of notice, the insurer has not stopped making, issuing, or circulating or causing to be made, issued, or circulated in this state the false misrepresentations; and
(2) the department has reason to believe that:
(A) the insurer is issuing or delivering insurance contracts to residents of this state or is collecting premiums on those contracts; and
(B) a department proceeding regarding the misrepresentations is in the public interest.