A person is not required to have a hunting license or reptile and amphibian stamp to capture by nonlethal means and subsequently release in another location an indigenous reptile or amphibian if the person is:
(1) performing activities related to the operation and maintenance of pipelines and related facilities or to oil or gas exploration or production;
(2) an employee of the state, a utility, as defined by § 203.091, Transportation Code, or a power generation company, as defined by § 31.002, Utilities Code, and is acting in the course and scope of the person’s employment with the state, the utility, or the power generation company; or
(3) performing activities related to surface coal mining and reclamation operations as defined by § 134.004, Natural Resources Code.