CLC responds to order to install AC in Texas prisons

On Tuesday, Sept. 22, U.S. District Judge Robert Pitman ordered the Texas Department of Criminal Justice to install air conditioning in all state prison facilities by Dec. 31, 2029. As of Sept. 1, 2026, just over a third of TDCJ’s 104 facilities were fully air-conditioned, according to KWTX.

The ruling detailed how nearly 90,000 inmates spent the past summer without air conditioning, as record-high temperatures contributed to illness, fainting, and desperate attempts to stay cool.

In the order, the lack of proper air conditioning was seen as a violation of the Eighth Amendment to the U.S. Constitution, which protects against cruel and unusual punishment.

The decision followed a federal trial in Austin earlier this year. Pitman, who declared in a 2025 ruling that the case “concerns the plainly unconstitutional treatment of some of the most vulnerable, marginalized members of our society,” did not require TDCJ to install temporary air conditioning at the time.

TDCJ said it would appeal the ruling, claiming it disagrees with the judge’s finding of acting with “deliberate indifference” and is working to improve heat mitigation measures by increasing the number of cool beds up to 90,000 by 2028.

The agency must submit status updates to the court every six months, starting with a comprehensive plan and funding request report due March 22, 2027. This comes as TDCJ faces potential budget reductions, including a mandated 3 percent agency budget cut, heading into the next legislative session.

According to the Texas Tribune, the prison agency said the project could cost $1.5 billion by the end of 2029. The agency’s legislative appropriations request included $289 million specifically for AC installation, plus $591.8 million for climate-controlled expansion dorms.

The total estimated cost to fully cool the entire prison system leaves a major gap between the state’s budget request and the court-ordered mandate. Pitman ruled financial considerations or budget constraints are not legitimate reasons to delay installing air conditioning across all Texas prisons.

The Texas Department of Criminal Justice will present its budget proposal to the Legislative Budget Board on September 28.

CLC responds

The CLC has been advocating for heat and air conditioning in Texas prisons for many years, making it one of their top priorities, said John Litzler, the director of public policy for the Texas Baptists Christian Life Commission.

“I think this is an important issue to most all Christians and all Texans. Many don’t realize how few Texas prisons have HVAC in living quarters, and people are usually appalled when they learn of the conditions there. It’s both inhumane and unconstitutional, and I think many see it as a perversion of true justice,” Litzler said.

While this is a tremendous step in the right direction, Litzler said, he expressed concern regarding the TDCJ’s plans to appeal the ruling and not allocate proper funding.

“Unfortunately, TDCJ has already announced they intend to appeal the ruling. We believe this is a mistake and Texas needs to do the right and good thing by installing air conditioning in all of its state prison facilities,” Litzler stated.

“TDCJ has estimated that fully air-conditioning its facilities will cost approximately $1.5 billion, yet they have only requested $298 million for the upcoming biennium. TDCJ needs to request more funding and the Texas Legislature needs to allocate more funding so Texas can comply with the court’s order.”