John Whitmire

In 1993, Whitmire was appointed by Lieutenant Governor Bob Bullock as Chair of the Senate Criminal Justice Committee, where he oversaw reforms to the penal code and increased construction of prisons, to a generally favorable reception.[4] Whitmire remains the chair as of the Eighty-seventh Texas Legislature.[9]

Whitmire passed legislation to free the Texans who were imprisoned as a result of the Tulia drug raid. That incident resulted in the conviction of 38 Texans based on the testimony of one individual who has since been indicted and arrested for perjury. The legislation allowed the judge to release the prisoners on bond pending the decision of the Court of Criminal Appeals. On June 10, 2003, the Tulia defendants were freed on bond as provided for in Whitmire's legislation. They were later pardoned by the Governor.[10]

Whitmire was angered by convicted murderer Lawrence Russell Brewer's refusal to eat the extensive last meal he ordered prior to his September 21, 2011, execution. Whitmire said that this was Brewer's attempt to "make a mockery out of the process." The senator contacted the Texas Department of Criminal Justice and asked the agency to end the practice of last meal requests or he would get the State Legislature to pass a bill doing so. The agency replied that last meal requests were accommodated "within reason" from food available in the prison kitchen, but it agreed to end the practice immediately at Whitmire's insistence.[11]

In 2021, Whitmire stirred controversy by responding to questions about the lack of air conditioning in prisons by saying: “You know, we can talk about this all day, it’s not gonna change. The prisons are hot. They’re uncomfortable. And the real solution is, don’t commit a crime and you stay at home and be cool. We’re not gonna air condition them. One, we don’t want to. Number two, we couldn’t afford it if we wanted to.” Whitmire's quote was featured the following month on a segment on Last Week Tonight with John Oliver criticizing Texas for not air conditioning its prisons, exacerbating medical conditions and even causing the deaths of some prisoners.[12] Heat has killed numerous prisoners and cost Texas taxpayers millions of dollars in wrongful death suits brought by victims' families.[13]

In 2003, Whitmire was one of the "Texas Eleven", a group of Democrats who fled the state for New Mexico in 2003 in a quorum-busting effort aimed at preventing the passage of redistricting legislation that would have benefited Texas Republicans. He ultimately returned to the legislature, creating a quorum and undoing the efforts of the rest of the Texas Eleven.[14]

During the 1990s, Whitmire was the subject of several controversies related to potential conflicts of interest with clients and employers stemming from his position on the Senate Criminal Justice Committee.[4]

In 1993, weeks after passing a bill benefitting the Houston Firefighters' Relief and Retirement Fund, Whitmire was hired by the Fund as a Washington, D.C. lobbyist. The Fund allowed the contract to expire following public scrutiny.[15] In 1995, Whitmire came under investigation by the Harris County district attorney's office for taking a job with a state agency whose funding he oversaw via the Senate Criminal Justice Committee.[15] The district attorney eventually cleared him of wrongdoing.[4] Whitmire also came under criticism from watchdog groups and colleagues for hiring a friend as a consultant to the Criminal Justice Committee.[15][4]