Short answer
Only partly. As of October 1, 2026, the Texas Department of Criminal Justice reported 38 fully and 53 partially air-conditioned units, with about 53,900 cooled beds [1]. About 90,000 incarcerated people lacked air conditioning [4]. In September 2026, a federal judge ordered all Texas prisons air-conditioned by the end of 2029; the state has appealed [3][4].
How many prisons lack air conditioning
As of October 1, 2026, the Texas Department of Criminal Justice (TDCJ) reported 38 fully air-conditioned units and 53 partially air-conditioned units, with 53,927 air-conditioned beds available [1]. The Texas Tribune reported that just over a third of TDCJ's 104 facilities were fully climate controlled as of that date, and that about 90,000 incarcerated people lacked air conditioning [4]. KUT, reporting on the same court order, described 86 state prisons, so published facility counts differ [3].
TDCJ says beds already funded or under construction would bring the system to roughly 90,000 air-conditioned beds [1]. The Tribune reported that TDCJ expects about 90,000 cooled beds in 2028, when the prison population is projected to exceed 150,000, which would leave about 60,000 people without air conditioning [4]. State law requires county jails to stay between 65 and 85 degrees, but there is no similar rule for state prisons [2][4].
The federal lawsuit
The case began in 2023 with a complaint by an incarcerated man, and prisoner advocacy groups joined in 2024 [4]. U.S. District Judge Robert Pitman found in 2025 that extreme heat was likely unconstitutional punishment and held a two-week trial in Austin in early 2026 [4].
On September 22, 2026, the judge ordered TDCJ to air-condition all of its facilities by the end of 2029 and to submit an installation plan immediately [3][4]. He found that the agency's heat-mitigation efforts had not prevented ongoing deaths and heat-related injuries and that the lack of air conditioning was akin to cruel and unusual punishment [3][4].
Heat deaths and illnesses
Counts differ by source. The judge found that at least nine incarcerated people died from high temperatures in Texas prisons between 2023 and 2025, while the lawsuit alleged at least 10 heat-related deaths in that period [2][4]. TDCJ disputes those findings and attributes the deaths to overdoses or other medical conditions [2][4]. Court documents show at least 23 heat-related deaths in Texas prisons from 1998 to 2012, and a TDCJ court filing acknowledged more than 150 heat-related illness cases among inmates and staff since 2022 [2].
The appeal
TDCJ said it disagrees that it was deliberately indifferent and has appealed to the U.S. Court of Appeals for the Fifth Circuit [3][4]. On October 8, 2026, the state asked the judge to suspend his order while the appeal proceeds [4]. As of mid-October 2026, no ruling on that request had been reported [4].
Funding
The Legislature provided $85 million for air-conditioning installation in 2023 [1][2]. In 2025 it provided $118 million for installation, $110 million to buy and operate the air-conditioned Dalby Unit, and $301 million to build 14 expansion dorms with 5,600 air-conditioned beds [1][2]. Air-conditioning the full system is estimated to cost $1.5 billion [2][4].
For the next two-year budget, TDCJ has requested $298 million to add more than 15,700 air-conditioned beds, plus $591.8 million for climate-controlled expansion dorms; together, the agency says, the requests would add more than 21,000 cooled beds [2][4]. In a June 2026 court filing, TDCJ described a two-phase plan anticipating about $774 million in the 2028-29 budget and $730.7 million in the following two years [2][4].
Common questions
- How many Texas prisons are fully air-conditioned?
- 38 units as of October 1, 2026, with 53 more partially air-conditioned, according to TDCJ [1].
- How many people in Texas prisons lack air conditioning?
- About 90,000 as of October 1, 2026, according to the Texas Tribune [4].
- Has a court ordered air conditioning in Texas prisons?
- Yes. On September 22, 2026, a federal judge ordered all facilities air-conditioned by the end of 2029. The state has appealed to the Fifth Circuit [3][4].
- How much would it cost to air-condition every Texas prison?
- An estimated $1.5 billion [2][4].
Sources
- TDCJ Air Conditioning Construction Projects, Texas Department of Criminal Justice, 2026-10-01
- Texas prisons seek $298 million to air condition hot lockups, The Texas Tribune, 2026-09-09
- Federal judge orders Texas to install AC in all of its prisons by the end of 2029, KUT, 2026-09-22
- Texas appeals order to cool all prisons by end of 2029, The Texas Tribune, 2026-10-12