Texas Prison AC Timeline Goes to Trial Amid Funding Shortfall
A federal judge in Texas will oversee a bench trial to determine the timeline for installing air conditioning across all state prisons. Texas aims to complete this installation by 2033, but currently lacks the full funding required for the plan. The trial, starting Monday in the U.S. District Court for the Western District of Texas, will analyze the state's proposed $1.3 billion initiative to cool prison facilities.
The Human Cost of Extreme Heat
At least two dozen inmates have died, and hundreds more have experienced illnesses due to extreme heat in Texas prisons. Criminal justice advocates have been pursuing efforts for years to mandate air conditioning across the entire prison system as a solution. The state acknowledges the necessity of these installations but has not yet secured the full financial resources to implement them. There is also disagreement regarding the feasible timeline for completion.
Official state data indicates nearly two dozen inmate deaths from extreme heat between 1998 and 2012, although U.S. District Judge Robert Pitman stated the actual total is likely higher.
A 2022 epidemiological study attributed 271 deaths to extreme heat in un-air-conditioned Texas prisons from 2001 to 2019, averaging 14 deaths annually.
A plaintiff's witness is expected to testify that this figure may still be an underestimate, as it might not account for heat-exacerbated underlying illnesses.
Current Installation Status and Legal Scrutiny
Currently, the Texas prison system operates with 52,438 air-conditioned beds. An additional 31,506 beds are either under construction or in the procurement phase for air conditioning. However, even after these projects are finished, approximately 40% of inmates will remain in cells without air conditioning. This raises questions from the plaintiffs regarding the state's capacity to secure the remaining funds required for the complete project.
Judge Robert Pitman previously stated that the legislature's lack of full funding does not constitute a valid defense against an Eighth Amendment claim of cruel and unusual punishment.
Despite this, he denied a preliminary injunction in March 2025, reasoning that funds allocated for a short-term cooling solution would be better directed towards a permanent fix.
State's Plan and Funding Challenges
The state is requesting that Judge Pitman not intervene, asserting that cooler conditions are forthcoming. Bryan Collier, the former head of the state's criminal justice department, testified that installing air conditioning throughout the entire prison system is an "absolute" goal, with only time and money currently impeding its immediate realization.
In 2022, Collier presented a four-phase plan to the legislature for system-wide air conditioning. The following year, lawmakers allocated $85.7 million for this purpose, marking the first dedicated funding, though it was less than half of the $225 million needed for the first phase alone. Last year, an additional $118 million was allocated, reducing the funding gap for the project to approximately $1.1 billion. However, a bill requiring AC units in all facilities did not pass during that session.
The Texas Department of Criminal Justice (TDCJ) anticipates receiving another $620 million when the legislature convenes next year. This amount, according to TDCJ, would be sufficient to maintain the pace for air conditioning the entire system by 2033.
Advocates Demand a Strict Timeline
Inmate rights groups are requesting Judge Pitman to impose a strict timeline on the state, stating that the current project pace suggests full air conditioning would not be achieved for nearly 30 years.
A 2018 settlement required the state to install air conditioning in one specific unit housing elderly inmates. The current lawsuit seeks a court order that would cover all of Texas's more than 100 prison units, which incarcerate approximately 135,000 individuals.
Kirsten Budwine, a policy attorney for the Texas Civil Rights Project, stated that the lawsuit is crucial given "inadequate state laws and agency protocols to properly protect individuals in TDCJ's custody."
The Texas Commission on Jail Standards has mandated indoor temperatures between 65 and 85 degrees for county jails since 1994; however, no such standard exists for state prisons.
The case, initiated in 2023, is Texas Citizens United for Rehabilitation of Errates, Inc. v. Lumpkin.
Judge Pitman allowed the case to proceed to trial to evaluate whether the state's project demonstrates "reasonable sincerity" or if it is "so inadequate as to constitute deliberate indifference."