Texas aims to become the most restrictive state for social media use by minors

Internet regulation in Texas is expanding. The state legislature is close to imposing sweeping restrictions on social media use by minors, with a complete ban on creating accounts or requiring parental permission to download apps. House Bill 186 has already passed the House with bipartisan support, and the Senate has indicated it will also back it. The bill, the most comprehensive of those introduced by legislators in the current session in connection with online safety, is expected to start being implemented in April 2026, if, as expected, it garners the necessary votes in the state legislature.

“Like so many parents across our state, I’ve watched my children grow up in a world that feels less and less safe, not because of where they go physically, but because of where they go online, in spaces that my wife and I can not possibly monitor at all times,” Senator Adam Hinojosa, a Corpus Christi Republican who is one of the bill’s sponsors, said at a House State Affairs Committee hearing last week.

Under the proposed new regulation, any website or app that allows users to create and share content is considered a social media website and is off-limits to minors. The law would also allow parents to request that companies delete their children’s accounts, which would have to be done within a maximum of 10 days.

Across the country, 10 states, including Texas, have laws restricting minors’ access to social media in various ways. However, a complete ban for Texans under 18 would be the strictest regulation in the entire United States. Currently, only Florida has a ban on social media, but it only applies to children under 14, although they are seeking to expand it to 16.

Last week, the Senate approved another law requiring age verification and parental consent for minors to download apps or make in-app purchases. Another bill is also being debated that would require tech companies that own social media platforms to issue clear warnings about the link between underage social media use and mental health issues.

During the bill’s debate last week, several teenagers spoke out against it. They argued that while lawmakers’ intentions were good, a complete ban on those under 18 would be counterproductive or bring its own set of problems. “The harmful content that young people are exposed to online does not disappear when they turn 18,” said Morgan McGuire, a 17-year-old Texas native with more than a million followers on TikTok. “The bill throws young adults into a digital world at a time when they are living on their own for the first time, without the support systems that they had as minors, which can have serious harm on mental health.”

In general, teenagers’ argument is that a large part of their lives and future careers are currently shaped by social media, from an influencer to an athlete who needs to post videos to be recruited by college teams. In response, legislator Hinojosa doubled down on his own argument. “If this were an ideal world, we could do what you guys are saying. But it’s obvious that social media platforms are doing exactly what my fear is. And we have countless research stories of peers your age, committing suicide and being bullied.”

Although the relationship between mental health issues and social media is still being researched, the evidence is clear. And the extent of these platforms’ use among minors adds to the growing concerns about their effects on well-being, especially among younger people. A 2023 study, for example, says that 95% of children aged 13 to 17 say they use social media, and a third of them say they use it “almost constantly.” Among boys and girls aged 8 to 12, nearly 40% use it, despite most platforms requiring a minimum age of 13 to create an account.

Despite the broad support the various bill proposals enjoy in the state legislature in Austin, critics warn that they will likely end up being challenged in court for, among other things, violating the right to free expression enshrined in the First Amendment. Megan Stokes, state policy director of the Computer and Communications Industry Association, outlined the legal arguments they would pursue in a press release. “House Bill 186 conflicts with Texas contract law and undermines teens’ right to access information, express themselves, and participate in the digital economy. A 14-year-old can legally work in retail or food service in Texas, but this bill would prevent them from even having a social media account.”

Texas is already facing a battle with pornography platforms, which have been almost completely blocked in the state for failing to comply with the age verification requirements established by law. That battle is in the courts, brought by those who believe the law violates the rights to freedom of expression and privacy.

Likewise, another state law already requires some social media platforms to enforce stricter data protection, prevent minors from accessing harmful content, and give parents tools to monitor their children’s use of the platforms. Texas Attorney General Ken Paxton has twice sued TikTok for violating this law, accusing it of violating deceptive trading laws by downplaying its addictive nature and exposing children to explicit material. With the latest moves in Congress, all signs point to this war about to deepen.

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