A motor vehicle shall be declared a nuisance and abated subject to this division if:
(1) the motor vehicle is used in a street race or exhibition of reckless driving;
(2) the driver or passenger is one of the following:
(A) the registered owner of the vehicle at the time of the violation;
(B) a member of the registered owner's immediate family at the time of the violation; or
(C) lives at the same address as the registered owner at the time of the violation; and
(3) the driver or passenger described in Paragraph (2) has:
(A) used the motor vehicle in a previous incident for a street race or reckless driving exhibition;
(B) used the motor vehicle in a street race or reckless driving exhibition that resulted in property damage or bodily injury to another;
(C) a previous misdemeanor conviction for fleeing or attempting to elude a police officer pursuant to Section 545.421 of the Texas Transportation Code;
(D) a previous misdemeanor conviction for reckless driving pursuant to Section 545.401 of the Texas Transportation Code; or
(E) a previous misdemeanor or felony conviction for racing on highway pursuant to Section 545.420 of the Texas Transportation Code. (Ord. 31540)