Austin, TX — Texas is appealing a federal court order requiring the state to provide air conditioning in all of its prisons by the end of 2029, continuing a years-long legal battle over extreme heat behind bars.
U.S. District Judge Robert Pitman ruled in September that forcing incarcerated people to endure dangerously high indoor temperatures violates constitutional protections against cruel and unusual punishment. He cited evidence of ongoing injuries, severe suffering and at least nine heat-related deaths between 2023 and 2025.
As of Oct. 1, only about one-third of Texas prisons were fully climate controlled, leaving roughly 90,000 incarcerated people without air conditioning.
The Texas Department of Criminal Justice says it intends to eventually install air conditioning statewide but argues that Pitman’s deadline could disrupt other priorities, including healthcare, staffing and contraband prevention. The agency estimates the full project would cost approximately $1.5 billion.
Texas has asked Pitman to suspend his order while the conservative 5th U.S. Circuit Court of Appeals considers the case.
Attorneys representing prisoners argue the state has already delayed action for years despite knowing about the risks. Texas county jails are required to maintain temperatures between 65 and 85 degrees, but state prisons are not subject to the same requirement.
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