1. (a) Subject to Subsection (d), the commissioner shall gather insurance market information from:

   1. (1) data available to the department, including survey results and information required to be reported to the department;
   2. (2) information collected by the National Association of Insurance Commissioners and other public and private sources; and
   3. (3) information from within and outside the insurance industry.

2. (b) The commissioner shall analyze the information compiled under Subsection (a) as necessary to:

   1. (1) develop a baseline understanding of the insurance marketplace; and
   2. (2) identify for further review insurers or insurance practices that deviate significantly from the norm or that pose a potential risk to the insurance consumer.
3. (c) The commissioner shall use the market analysis handbook as a resource in performing the analysis required under this section.
4. (d) Except as otherwise specifically provided, the department or the commissioner, as applicable, may not require an insurer to report information in a manner that is inconsistent with the records the insurer maintains in the ordinary course of business or can create at a reasonable expense or effort.

Added by Acts 2005, 79th Leg., Ch. 291 (S.B. 14), Sec. 3, eff. September 1, 2005.