(a) A local government record may be destroyed if:
(1) the record is listed on a valid records control schedule and either its retention period has expired or it has been microfilmed or stored electronically in accordance with the requirements of Chapters 204 and 205;
(2) the record appears on a list of obsolete records as provided by Section 203.044; or
(3) the record is not listed on a records retention schedule issued by the commission and the local government provides notice to the commission at least 10 days before destroying the record as required by Section 441.169, Government Code.
(b) The following records may be destroyed without meeting the conditions of Subsection (a):
(1) records the destruction or obliteration of which is directed by an expunction order issued by a court pursuant to state law; and
(2) records defined as exempt from scheduling or filing requirements by rules adopted by the commission or listed as exempt in a records retention schedule issued by the commission.