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The Express Gazette
Tuesday, September 22, 2026

Texas Prisons Must Have Air Conditioning by 2029, Federal Judge Rules

A federal judge has ordered Texas to equip all its prisons with air conditioning by the end of 2029, citing that the lack of it constitutes cruel and unusual punishment.

US Politics 2 hours ago
Texas Prisons Must Have Air Conditioning by 2029, Federal Judge Rules

A federal judge has mandated that all Texas prisons must be equipped with air conditioning by the end of 2029. U.S. District Judge Robert Pitman ruled that inmates housed in facilities without air conditioning are subjected to punishments that violate their constitutional rights.

The order requires the Texas Department of Criminal Justice to develop a plan for installing air conditioning in every state prison where summer temperatures regularly exceed 100 degrees Fahrenheit (38 degrees Celsius). Pitman stated that the absence of air conditioning infringes upon the constitutional prohibition against "cruel and unusual punishments."

In his 150-page ruling, Pitman noted that witnesses in the case described experiencing and witnessing fellow inmates falling ill, passing out, and resorting to desperate measures to cool off, such as splashing themselves with toilet water. "These are not humane conditions," the judge wrote.

The Texas Department of Criminal Justice has estimated the cost of systemwide air conditioning to be approximately $1.5 billion. The agency has not yet commented on the ruling, but has previously stated its commitment to increasing the number of air-conditioned beds in its facilities.

The lawsuit originated in 2023, filed by Bernie Tiede, a prisoner serving a life sentence whose case was the inspiration for the film "Bernie." Several prisoner rights groups later joined the legal effort. In 2025, Pitman had previously found the extreme heat in Texas prisons to be unconstitutional but declined to order immediate installation of air conditioning at that time. The case proceeded to trial earlier this year.

According to the ruling, as of the trial, approximately 37% of the state's inmate population, or about 52,000 individuals, were housed in facilities with full or partial air conditioning. This left an estimated 89,000 inmates without air conditioning heading into the summer months.

The ruling also referenced that the agency has acknowledged 23 heat-related deaths in its facilities between 1998 and 2012, and three additional heat-related deaths in 2023. Plaintiffs presented evidence suggesting additional heat-related deaths between 2023 and 2025.

Amite Dominick, founder and president of Texas Prisons Community Advocates, one of the plaintiffs, stated that the ruling emphasizes that "the state cannot keep treating human lives as a budget line." Dominick added, "We will be watching every deadline in this order."


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