Amend CSHB 1971 as follows:
      (1)  In SECTION 1 of the bill, in proposed Article 1D.201,
Title 79, Revised Statutes (Senate committee printing, page 8,
lines 32-34), strike Subsection (c) and substitute the following:
      (c)  A person engaged in the business of making loans
described by Subsection (a) or (b) must obtain a license under
Chapter 3A unless the person is:
            (1)  a bank, savings bank, or savings and loan
association; or
            (2)  an insurance agent licensed under Article 21.14,
Insurance Code, who negotiates or arranges a loan described by
Subsection (a) or (b) on behalf of a bank or savings and loan
association provided that the insurance agent or the bank or
savings and loan association does not make the provision of
insurance a condition to apply for or obtain a loan or service from
the bank or savings and loan association.
      (2)  In SECTION 2 of the bill, in proposed Article 3A.101(a),
Title 79, Revised Statutes (Article 5069-3A.101, Vernon's Texas
Civil Statutes) (Senate committee printing, page 17, line 54),
strike "or be a bank, savings bank, or savings and loan
association".
      (3)  In SECTION 2 of the bill, in proposed Article 3A.101,
Title 79, Revised Statutes (Article 5069-3A.101, Vernon's Texas
Civil Statutes) (Senate committee printing, page 17, between lines
64 and 65), insert the following:
      (c)  A bank, savings bank, or savings and loan association is
not required to obtain a license under Subsection (a).
      (d)  An insurance agent licensed under Article 21.14
Insurance Code, is not required to obtain a license to negotiate or
arrange a loan on behalf of a bank, savings bank, or savings and
loan association provided that the insurance agent or the bank,
savings bank, or savings and loan association does not make the
provision of insurance a condition to apply for or obtain a loan or
service from the bank, savings bank, or savings and loan
association.
      (4)  Add the following appropriately numbered SECTIONS to the
bill and renumber existing SECTIONS of the bill accordingly:
      SECTION _____.  Subsection (a), Article 8.01, Title 79,
Revised Statutes (Article 5069-8.01, Vernon's Texas Civil
Statutes), is amended to read as follows:
      (a)(1)<(a)>  Any person who violates this Subtitle by
contracting for, charging or receiving interest or<,> time price
differential <or other charges> which is <are> greater than the
amount authorized by this Subtitle, shall forfeit to the obligor
twice the amount of interest or time price differential <and
default and deferment charges> contracted for, charged or received,
and reasonable attorneys' fees fixed by the court.
            (2)  Any person who violates this Subtitle by
contracting for, charging, or receiving a charge, other than
interest or time price differential, which is greater than the
amount authorized by this Subtitle, shall forfeit to the obligor:
                  (A)  the greater of:
                        (i)  three times the amount of the
difference between the amount of the other charge contracted for,
charged or received, and the appropriate amount authorized by this
Subtitle; or
                        (ii)  $2,000 or 20 percent of the principal
balance, whichever is less; and
                  (B)  reasonable attorneys' fees fixed by the
court.
      SECTION _____.  Article 8.02, Title 79, Revised Statutes
(Article 5069-8.02, Vernon's Texas Civil Statutes), is amended to
read as follows:
      Art. 8.02.  CONTRACTING FOR, CHARGING OR RECEIVING INTEREST
OR<,> TIME PRICE DIFFERENTIAL <OR OTHER CHARGES> IN EXCESS OF
DOUBLE THE AMOUNT AUTHORIZED.  Any person who violates this
Subtitle by contracting for, charging or receiving interest or<,>
time price differential <or other charges> which is <are> in the
aggregate in excess of double the total amount of interest or<,>
time price differential <and other charges> authorized by this
Subtitle shall forfeit to the obligor as an additional penalty all
principal or principal balance, as well as all interest or time
price differential, <and all other charges,> and shall pay
reasonable attorneys' fees actually incurred by the obligor in
enforcing the provisions of this Article; provided further that any
such person violating provisions of this Article shall be guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine of not more than One Hundred Dollars.  Each contract or
transaction in violation of this Article shall constitute a
separate offense punishable hereunder.