In one of the cases, first responders were alerted when one of the trapped illegal immigrants called 911 from inside a train car.
Gutierrez condemned the response by law enforcement during the shooting, which has also been criticized by the director of the state police.
Elected officials have also criticized Christina Mitchell Busbee for her handling of benefits for those impacted by the May 24 massacre.
After a delay of more than an hour, federal agents killed the gunman who murdered 19 students and two teachers at Robb Elementary School.
Judge Catherine Mauzy decided that Gutierrez improperly submitted the request under the Texas Government Code.
The declaration comes on the heels of a drought affecting most of the state’s land and contributing to several active wildfires.
A committee formed by Speaker Dade Phelan to investigate the Robb Elementary School shooting released a preliminary report on its findings.
Chief Pete Arredondo has faced withering criticism from elected officials and state police as they investigate his response to the shooting.
Chief Pete Arredondo did not consider himself the on-scene commander as he responded to the 18-year-old gunman who killed 21 people.
The Investigative Committee on the Robb Elementary Shooting will have additional hearings with testimony heard in executive session.
Sen. Roland Gutierrez stated that Uvalde school district police Chief Pete Arredondo had no radio with him at the school during the shooting.
Gov. Greg Abbott has previously declared a state of disaster in 34 counties over illegal immigration along the southern border.
