It costs money, like $4-5k, to bring a Class A misdemeanor - or low level felony to jury trial in most parts of Texas. Prosecutors live and die by their conviction rates. This is the main reason behind the phrase "You'll beat the rap, but not the ride."
So, the real issue is how to best avoid the ride. I do not know one single cop who is looking to screw up good, law-abiding folks. There are enough criminals out there for them to stay busy with... they just do not have time to harass some hiker with a holster that might be on the verge of legality. Best chances are, even if the cop was being a jerk, he would tell you to carry it another way, or just conceal it in the backpack if your holster is not proper long before he will slap the cuffs on you and haul you in.
As far as OC, I have heard one cop say that "If the holster is between the neck and the knee, it is good to go."
If you are that worried about it, find a way to put a proper belt holster in, on, through, or over your backpack waist pad.