Sec. 31.002.  CAUSE OF ACTION FOR BAD FAITH WASHOUT.  A person may bring a cause of action for a bad faith washout of the person's overriding royalty interest in an oil and gas lease.  The person is entitled to a remedy under this chapter if the person proves by a preponderance of the evidence that:
(1)  the person owned or had a legal right to the overriding royalty interest;
(2)  the defendant had control over the oil and gas lease burdened by the overriding royalty interest;
(3)  the defendant caused a washout of the person's overriding royalty interest; and
(4)  the defendant acted in bad faith by knowingly or intentionally causing the washout.
Added by Acts 2023, 88th Leg., R.S., Ch. 7 (H.B. 450), Sec. 1, eff. September 1, 2023.