A title insurance company may directly issue a title insurance policy or contract based on the best title evidence available if:
(1) a title insurance agent or direct operation does not exist for the county in which the real property is located; or
(2) each title insurance agent and direct operation for that county refuses to provide title evidence:
(A) in a reasonable period as determined by the department; and
(B) in compliance with Section 2502.053(1).