they dont know what texture pack you have and never will because the client does not send your texture pack to the server. in the next update though they will be able to tell because of the new texture pack "sync" feature in the snapshots
I hope that the server will push the texture pack to the client each and everytime they log on or that they'll have some form of Server texture pack that will override any client texture packs so X-Ray packs will be destroyed.
I don't think they can check for your texture pack. I think its based on how you Mine or how you get your diamonds or gold. (You digging down a 1x1 hole and suddenly you change your direction and hit diamond.)
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