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Texas Judge Orders State to Fully Air-Condition Prisons by 2029

By Drooid · · How we work

Core Event – Federal Court Order

U.S. District Judge Robert Pitman issued a 150-page order requiring the Texas Department of Criminal Justice (TDCJ) to install air-conditioning in every state prison no later than Dec. 31, 2029. He found the lack of cooling violates the Eighth Amendment and directed TDCJ to submit status reports every six months, with the first due March 22, 2027.

Background & Context

The litigation began with a 2023 complaint filed by inmate Bernie Tiede and joined by Texas Prison Community Advocates and Texas Citizens United for Rehabilitation of Errants. A 2014 lawsuit over heat at the Wallace Pack Unit led to a settlement that installed permanent air-conditioning there. In 2025, Judge Pitman ruled that extreme heat likely constituted unconstitutional punishment but did not order immediate temporary cooling.

Data & Statistics

  • Facilities with full air-conditioning: just over one-third of TDCJ’s 104 facilities (Sept 2026).
  • Cool beds: TDCJ reported 53,676 cool beds on Sept. 1, 2026, expecting to exceed 61,000 by year-end and approach 90,000 by early 2028. Bloomberg cited about 83,000 air-conditioned beds covering roughly 60 % of inmates.
  • Cost estimates: TDCJ’s two-phase plan projected $774.3 million for FY 2028-29 and $730.7 million for FY 2030-31. The agency’s 2026 legislative request asked for $289 million (Bloomberg $298 million) for the first phase. The judge noted the request is “significantly less than half” of the agency’s own estimate.
  • Heat-related deaths: TDCJ acknowledged at least 23 deaths from 1998-2012. Judge Pitman found credible evidence of at least nine deaths from extreme heat between 2023-2025 and cited testimony that as many as 10 deaths since 2023 might have been avoided with cooling.

Official Statements & Responses

  • TDCJ said it is reviewing the order and will develop a compliance plan, noting prior appropriations in 2023 ($85 million) and 2024 ($118 million).
  • Legislative officials indicated the agency will appear before the Legislative Budget Board in late September to discuss its funding request, while also facing a mandated 3 % budget cut across state agencies.

Criticism & Opposition

Advocates argue the timeline is essential to prevent further heat-related injuries and deaths, warning that without adequate legislative funding the deadline could be missed.

Conflicting Reports & Gaps

  • Cost figures differ: Texas Tribune cites $1.5 billion total, Bloomberg references “$1 billion-plus.”
  • Cool-bed counts vary between agency projections (53,676–90,000) and Bloomberg’s estimate of 83,000 beds.
  • Funding requests are reported as $289 million versus $298 million for FY 2028-29.
  • Death tolls are described as “at least 23” (1998-2012) and “at least nine” (2023-2025) by the judge, while Bloomberg mentions “at least two dozen” overall.

What’s Next

  • First compliance report due March 22, 2027.
  • Legislative Budget Board hearing scheduled for late September 2026 to review TDCJ’s funding request.
  • Bi-annual status updates will continue through the end of 2029, after which the court will assess whether the installation deadline has been met.

Verbatim Quotes

  • “This decision is going to save lives, and that’s huge.” — Jennifer Toon, the Lioness’ executive director
  • “An order on paper is not the same as relief in a cell,” — Amite Dominick, Texas Prison Community Advocates’ founder
  • “Importantly, even where heat conditions do not result in immediate injuries or death,” — Robert Pitman, district judge
  • “In a state where outdoor heat indexes exceed 130 degrees, inmates in Texas prisons are suffering — and in some cases dying — in extreme heat every summer,” — Judge Pitman, district judge