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If you don't have justification to shoot -- to use lethal force in self defense -- then you have no legal justification to draw your gun, threaten to draw your gun, "index" your gun, pull back your jacket, etc.
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That depends.
http://tlo2.tlc.state.tx.us/statutes...00.htm#9.04.00
THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
Basically in TX you can threaten deadly force when force is justified even if the actual use of deadly force is not justified.
For reference, 'deadly force' (which is NOT the same thing as 'force') is carefully defined earlier in this section of the penal code.
Personally I think warning shots are a very bad idea.