A federal judge has ordered Texas to install air conditioning in every state prison by December 31, 2029, ruling that extreme heat in uncooled units violates the Eighth Amendment's ban on cruel and unusual punishment, The Texas Tribune reported. The Texas Department of Criminal Justice (TDCJ) said it will appeal.
As of September 1, TDCJ reported 53,676 cool beds, leaving nearly 90,000 incarcerated people in housing without air conditioning. Just over a third of the agency's 104 facilities were fully air-conditioned, according to TDCJ's air conditioning data.
The order carries a large price tag and a public health message. Prolonged exposure to extreme heat can cause heat stroke and is especially dangerous for older adults, people with chronic illnesses, and people who take certain medications.
Inside the 150-Page Ruling
U.S. District Judge Robert Pitman in Austin found that TDCJ's response to extreme heat is insufficient and that the agency's leadership acted with deliberate indifference. He ordered the agency to immediately create and carry out a plan to cool every prison, with status reports due every six months starting March 22, 2027.
The judge found credible evidence that at least nine incarcerated people died from extreme heat from 2023 to 2025 and said that number is likely an undercount. TDCJ has acknowledged at least 23 heat-related deaths in its facilities between 1998 and 2012. It disputes advocates' count of more recent deaths, arguing that some could instead be attributed to drug overdoses or other medical conditions.
Pitman also addressed cost directly. In his order, he wrote that "financial considerations will not be considered a legitimate reason" for failing to comply.
The agency pushed back. "TDCJ has robust heat mitigation efforts in place to protect the safety of its population and staff," the department said in a statement. TDCJ also said it "respectfully disagrees with the Court's ruling that TDCJ is deliberately indifferent," KUT reported. The agency expects to reach 60,000 cool beds by the end of this year and 90,000 in 2028.
A $1.5 Billion Question for Texas Lawmakers
TDCJ has said cooling the full system could cost $1.5 billion. Its budget request for 2028-29 includes $289 million for air conditioning and $591.8 million for climate-controlled expansion dorms, which together would add more than 21,000 cool beds.
The judge noted that the request is significantly less than half of the $774.3 million the agency had estimated it could obligate for air conditioning in the 2028-29 budget cycle. TDCJ is scheduled to appear before the Legislative Budget Board on September 28, and state leaders have ordered agencies to cut 3% from their budget requests.
State law already requires county jails to be kept between 65 and 85 degrees, but bills to require climate control in state prisons have repeatedly failed. The Legislature provided $85 million in 2023 and $118 million in 2025 to add about 29,000 cool beds, according to TDCJ.
The case follows a long legal fight. In 2014, inmates at the Wallace Pack Unit, a geriatric prison near College Station, sued over extreme heat, and the case ended in a settlement to install permanent air conditioning there. The current lawsuit covers everyone held in an uncooled TDCJ facility.
Who Faces the Highest Risk of Heat Illness
TDCJ uses a heat score system to prioritize cool housing for people at higher risk, such as those 65 and older and people who take certain medications. The plaintiffs argued that the system misses some vulnerable groups, including people with undiagnosed mental health conditions.
Some medications for high blood pressure, heart disease, and psychiatric conditions can affect sweating, fluid balance, or temperature control. People who are 65 or older, are overweight, or have heart disease or high blood pressure also face greater risk.
Heat stroke is the most dangerous heat-related illness. According to the CDC's National Institute for Occupational Safety and Health, body temperature can rise to 106 degrees or higher within 10 to 15 minutes, and heat stroke can cause permanent disability or death without emergency treatment. Warning signs include confusion, slurred speech, loss of consciousness, seizures, hot and dry skin or heavy sweating, and a very high body temperature. Heat exhaustion, which can come first, may cause heavy sweating, dizziness, headache, nausea, weakness, and fainting.
What Families and Workers Can Do
Families with a loved one in a Texas prison can ask whether the person has a heat score and whether they are housed in a cooled area. Share medical records and medication lists with the facility's health services staff and the person's attorney, if they have one, so that higher-risk conditions are documented.
Correctional officers and other staff face the same heat. Workers should know the symptoms of heat illness, drink water regularly, take breaks in cooled areas, and report symptoms in themselves or others right away.
Anyone showing confusion, fainting, or a seizure in extreme heat needs emergency medical care. While waiting for help, move the person to the coolest area available, apply cool, wet cloths to the skin, and stay with them.
The order does not bring immediate relief. Installation will take years, and an appeal could delay it further. The next milestones are the September 28 budget hearing and the first status report, due in March 2027.
Key Questions Answered
What did the judge order? U.S. District Judge Robert Pitman ordered Texas to install air conditioning in every state prison by December 31, 2029, finding that extreme heat in uncooled units violates the Eighth Amendment.
How many people are affected? As of September 1, nearly 90,000 incarcerated people lacked cool beds, and just over a third of TDCJ's 104 facilities were fully air-conditioned.
Will Texas appeal? Yes. TDCJ said it will appeal and disagrees with the finding of deliberate indifference.
How much could it cost? TDCJ has estimated the full cost at about $1.5 billion. The judge said financial considerations are not a legitimate reason for failing to comply.
How many heat deaths did the court find? The judge found credible evidence of at least nine heat deaths from 2023 to 2025 and said that is likely an undercount. TDCJ disputes advocates' death counts.
Who is most at risk from heat illness? Older adults, people who take certain heart, blood pressure, or psychiatric medications, and people with conditions such as heart disease or high blood pressure.
What are the signs of heat stroke? Confusion, slurred speech, loss of consciousness, seizures, and a very high body temperature. Heat stroke is a medical emergency.
Published by Medicaldaily.com
