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.