A federal judge has ordered Texas to install air conditioning throughout its state prison system by the end of 2029, finding that extreme heat in uncooled facilities violates the Constitution’s ban on cruel and unusual punishment.
U.S. District Judge Robert Pitman issued the 150-page ruling Tuesday, September 22. The order directs the Texas Department of Criminal Justice to immediately develop and carry out a systemwide installation plan, with the work completed by December 31, 2029. TDCJ must report its progress to the court every six months, beginning March 22, 2027.
The decision could reshape living and working conditions across one of the nation’s largest prison systems. According to The Texas Tribune, just over one-third of TDCJ’s 104 facilities were fully air-conditioned as of September 1. The agency reported 53,676 cooled beds, leaving nearly 90,000 incarcerated people in housing without air conditioning.
Pitman concluded that the state’s existing heat protections—including fans, water, cold showers, cooling towels and access to cooled respite rooms—do not adequately address the danger. His ruling found credible evidence that extreme heat contributed to at least nine deaths in Texas prisons from 2023 through 2025, while noting that the total may be higher.
The case covers people held in uncooled TDCJ facilities. Plaintiffs include the Lioness Justice Impacted Women’s Alliance, Texas Prison Community Advocates and Texas Citizens United for Rehabilitation of Errants. Their advocates have argued that extreme temperatures pose particular risks for older people and those taking medications or living with chronic health conditions.
“This decision is going to save lives,” said Marci Marie Simmons, a formerly incarcerated woman and communications director for Lioness, according to the Tribune.
TDCJ said it will appeal. The department disputed the finding that prison officials acted with deliberate indifference and said it has extensive heat-mitigation measures in place. The agency expects to increase the number of cooled beds to 60,000 by the end of 2026 and to 90,000 in 2028, but the state’s prison population is projected to exceed 150,000 by then.
Funding will now become a central question for state lawmakers. TDCJ estimates that cooling all prisons could cost about $1.5 billion. Its latest budget request includes $289 million for air-conditioning installations and another $591.8 million for climate-controlled expansion dormitories. The agency is scheduled to discuss its funding request with the Legislative Budget Board on September 28.
Pitman’s order says financial concerns will not excuse failure to meet the court’s deadline. Bills requiring climate control in state prisons have repeatedly stalled in the Texas Legislature, even though county jails are already required under state law to maintain temperatures between 65 and 85 degrees.
The ruling is not expected to end the dispute immediately because of the planned appeal. For incarcerated people, correctional employees and families who have pressed Texas to address dangerous prison temperatures, however, it establishes the clearest court-ordered timetable yet for cooling the entire system.
Sources: The Texas Tribune; Texas Department of Criminal Justice.
